Employment derivatives: Difference between revisions

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{{drop|H|unter Barkley’s experience}} as a junior [[interest rate swap]]s trader provided a perfect analogy and gave him an idea. ''Why not hedge away this volatility?''  
{{drop|H|unter Barkley’s experience}} as a junior [[interest rate swap]]s trader provided a perfect analogy and gave him an idea. ''Why not hedge away this volatility?''  


Different types of firm were “long” or “short” this babbling hysteria, which he labelled ''π'', at different points in the hype cycle.  “Π” came from the Greek παράνοια, (''paranoia''), and conveyed the pleasing idea of not just madness but circularity, running on a hamster wheel and so on — all fundamental properties of the employment relationship.   
Different types of firm were “long” or “short” this babbling hysteria, which he labelled ''[[π]]'', at different points in the hype cycle.  “[[Π]]” came from the Greek παράνοια, (''paranoia''), and conveyed the pleasing idea of not just madness but circularity, running on a hamster wheel and so on — all fundamental properties of the employment relationship.   


At its onset, “[[Trad fi|trad-fi]]”, “bricks-and-mortar” firms are [[Short|''short'']], and delusional start-ups, [[Long|''long'']] ''π''. Eventually, the lunacy levels off, reality sets in and employment relations [[Mean reversion|revert to mean]], whereupon the ''π'' curve flattens and then eventually inverts.  
At its onset, “[[Trad fi|trad-fi]]”, “bricks-and-mortar” firms are [[Short|''short'']], and delusional start-ups, [[Long|''long'']] ''[[π]]''. Eventually, the lunacy levels off, reality sets in and employment relations [[Mean reversion|revert to mean]], whereupon the ''[[π]]'' curve flattens and then eventually inverts.  


If one could only match off long and short exposures, Barkley realised, firms on either side of the bid could hedge their exposure to π.   
If one could only match off long and short exposures, Barkley realised, firms on either side of the bid could hedge their exposure to [[π]].   


In one of those cruel ironies to whose martial cadence our lives keep time, before he could figure out a way of monetising his idea, Hunter Barkley was laid off and, shortly afterwards, imprisoned for manipulating [[LIBOR]].
In one of those cruel ironies to whose martial cadence our lives keep time, before he could figure out a way of monetising his idea, Hunter Barkley was laid off and, shortly afterwards, imprisoned for manipulating [[LIBOR]].
 
The idea of employment derivatives would lie fallow while he served out his porridge.


==== A chance encounter at a bar in West London ====
==== A chance encounter at a bar in West London ====
{{Drop|A|s she neared}} her [[Schwarzschild radius of alcohol consumption|gin horizon]], HR manager Anita Dochter embarked upon a long and elliptical disquisition to her old pal and erstwhile colleague [[Cass Mälstrom]]. She was agitated about the unstaunchable stream of defections from her firm, a sleepy mid-market broker headquartered in Peterborough.
{{Drop|A|s she neared}} her [[Schwarzschild radius of alcohol consumption|gin horizon]], Wickliffe Hampton HR manager Anita Dochter embarked upon a long and elliptical disquisition to her old pal [[Cass Mälstrom]]. Dochter was, as usual, agitated. Today, it was the unstaunchable stream of defections from her firm, a sleepy mid-market broker headquartered in Peterborough. It was haemorrhaging hundreds of compliance and onboarding staff each month to venture capital-funded dotcom start-ups. Indeed, Mälstrom herself was an example: not three months earlier she had been bid away from a [[workstream lead]] role in the firm’s client money compliance change management programme. She was now [[Co-head|Co-deputy CIO]] of [[legaltech]] darling [[lexrifyly]].


At the time Wickliffe Hampton was haemorrhaging hundreds of compliance and onboarding staff each month to venture capital-funded dot-com start-ups. Mälstrom herself was an example: not three months earlier she had been enticed from a project stream lead role in the firm’s client money compliance change management programme and was now [[Co-head|Co-deputy CIO]] of legaltech darling [[lexrifyly]].  
[[lexrifyly]] was flush with stupid amounts of cash and a great elevator pitch but had no product to speak of, no business model, no customers and no obvious plan beyond the unshakable conviction in goosing its burn rate with overpaid bums on seats it didn’t yet have was what one did when one was a techbro. Poaching ex-colleagues turned out to be Mälstrom’s sole function.


[[lexrifyly]] had no product to speak of, no business model, customers or plan but was flush with stupid amounts of cash, a great [[Microsoft PowerPoint|deck]] and an unshakable conviction in goosing its burn rate by overpaying for bums it didn’t need on seats it didn’t yet have.
For her part, Dochter was livid. “But, Cass, we actually ''need'' our people. They do productive things for us. You know, [[MIS]] reports. [[Steerco]] [[deck]]s. Operational [[deep dive]]s. [[Netting]] audits. Who will lead the client money remediation programme workstream? Who will manage the [[risk taxonomy]]? But unless we pay ''your'' stupid rates, which we cannot afford to do —” at this point, she fell off her stool briefly — “and give them free fruit, safe spaces, a soft play area and let them work from home four days a week, they won’t stay with us. But, ''you'',” she hissed, clambering back up and jabbing [[Cass Mälstrom|Mälstrom]] on the lapel, “right now, ''you'' don’t need ''any goddamn'' staff. You just need to show your investors you are imaginatively on point doing fashionably insane things. That does not take actual staff. So stop taking ours.


“But,” complained Dochter, “we actually ''need'' our people. They actually do productive things for us. You know: [[MIS]] reports. Operational [[deep dive]]s. [[Netting]] audits. But unless we pay ''your'' stupid rates for them, which we cannot afford to do —” at this point, she fell off her stool briefly — “and give them free fruit, unlimited working from home and a soft play area — they won’t stay with us. But, ''you'',” she hissed, clambering back up and jabbing [[Cass Mälstrom|Mälstrom]] on the lapel, “right now, ''you'' don’t need ''any goddamn'' staff: you just need to show your investors you are clever, imaginative and on point doing fashionably insane things. That does not take actual staff. So stop taking ours.” 
Mälstrom shrugged. “Well, how else am I meant to splurge away all this free money?” She lit a cigarette with a fiver.


As luck would have it Barkley, fresh out of gaol and making ends meet waiting tables, was their host for the evening. Presenting them with the check and some after-dinner mints, he cleared his throat.
As luck would have it Hunter Barkley, fresh out of gaol and making ends meet waiting tables, was rostered on their table for the evening. Presenting them with the check and some after-dinner mints, he cleared his throat.


“Forgive me for imposing, but I could not help overhearing. If you are not actually hiring anyone, why not hedge your employment rate risk to someone who is?”
“Forgive me for imposing, but I could not help overhearing. If you are not actually hiring anyone, why not hedge your employment rate risk to someone who is?”
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Barkley dropped a slim document on the table.  
Barkley dropped a slim document on the table.  


Mälstrom indicated the booklet. “What’s this?”  
Mälstrom prodded the booklet. “What’s this?”  


[[NDA]]. Call me.”
“An [[NDA]]. Call me.”


==== The first employment rate swap ====
==== The first employment rate swap ====
{{Drop|S|o was the}} very first “[[employment rate swap]]” conceived. For an initial period of three years, Wickliffe Hampton would pay its entire operations wage bill, controlled for performance, to lexrifyly. In return, lexrifyly would pay its absurd, grossly inflated but as yet unallocated wage budget for an equivalent team — there was no such team, of course: this was exactly the point — to Wickliffe Hampton.<ref>This was slightly complicated as it was denominated in [[crypto]] and needed to be converted back to Sterling.  </ref>  
{{Drop|S|o was the}} very first “[[employment rate swap]]” conceived. For an initial period of three years, Wickliffe Hampton would pay its entire operations wage bill, controlled for performance, to lexrifyly. In return, lexrifyly would pay its absurd, grossly inflated but as yet unallocated budget for an equivalent team — there was no such team, of course: this was exactly the point — to Wickliffe Hampton.<ref>This was slightly complicated as it was denominated in [[crypto]] and needed to be converted back to Sterling.  </ref>  
 
This way, Wickliffe Hampton had the cash required to preemptively bid back restless staff, and lexrifyly could, in time-honoured fashion, guilelessly piddle its investors’ cash up a wall without troubling the operating resiliency of the banking sector, or for that matter, the [[Human resources|HR department]]. 


If this seemed like a bad trade for lexrifyly, in actuality it was not.   
This way, Wickliffe Hampton had the cash required to preemptively bid back restless staff, and lexrifyly could, in time-honoured fashion, guilelessly piddle its investors’ cash up a wall without troubling the operating resiliency of the banking sector, or for that matter, a [[Human resources|HR department]], that it did not currently have.   


Firstly, it didn’t care: what was money, when it came to it? Secondly, Barkley’s models demonstrated that the economics could change in any number of circumstances: for example, a market crash, hawkish monetary policy, the dissipation of mass hysteria or incipient tech winter. At that point, widescale redundancies and hiring freezes were sure to follow across the sector, while the boring old banking industry would box on as it always had done. 
If this seemed like a bad trade for lexrifyly, over time it was not: firstly, cash was cheap, and lexrifyly didn’t care: what was money, when it came to it? Secondly, Barkley’s models demonstrated that the looney bid could invert in any number of circumstances: a market crash, hawkish monetary policy, the arbitrary dissipation of mass hysteria or the sudden onset of incipient tech winter.  


Ironically, at that point, a startup short ''π'' under an [[Employment rate swap|ERS]] would have a sensible amount of cash coming in from its bank counterparty to keep the lights on.   
For these contingencies the ERS was a natural hedge.  While wide-scale redundancies and hiring freezes gripped the fintech sector, the boring old banking industry would box on as it always had done. At that point, a fintech that was short ''[[π]]” under an [[Employment rate swap|ERS]] would have a sensible amount of cash coming in from its bank counterparty to keep the lights on.   
 
====The “PIEBOR” submission process====
====The “PIEBOR” submission process====
{{Drop|I|t was easy}} enough to quantify a bank’s presumptive wage bill since, once it was controlled for hysteria, it was more or less a fixed rate. But what about the ever-changing hypothetical wage bill of a startup? How to gauge that in real-time? And could not a startup not game this very easily, by just pretending its actual preparedness to pay stupid money was lower than it really was?   
{{Drop|I|t was easy}} enough to quantify a bank’s presumptive wage bill since, once you controlled it for hysteria, it was more or less a fixed rate. But what about the ever-changing hypothetical wage bill of a startup? How to gauge that in real-time? And what was to stop a startup gaming the rate easily, by just pretending its actual preparedness to pay stupid money was lower than it really was?   


The market needed an observable, objective measure of “prevailing startup insanity”, which Barkley denoted “''π”''. He had just the means to achieve it. Under the auspices of the British Human Capital Managers’ Association (BHCMA), he arranged for a committee of fashionable startups to meet each afternoon in a WeWork in Shoreditch and over kombucha martinis to state publicly, in front of a live panel of [[venture capitalist]]<nowiki/>s, how much they would be prepared to pay an underperforming settlements and reconciliations clerk to join them and drive customer engagement. They expressed this as a premium of discount to ''π''', being the equivalent value for the preceding day.
The market needed an observable, objective measure of “prevailing startup insanity”, which Barkley approximated for “''[[π]]”''. Barkley supplied it. Under the auspices of the British Human Capital Managers’ Association (BHCMA), a committee of fashionable startups would meet each afternoon in a WeWork in Shoreditch and over kombucha martinis to state publicly, in front of a panel of [[venture capitalist]]<nowiki/>s, how much they would be prepared to pay an underperforming settlements and reconciliations clerk to join them and drive customer engagement. They expressed this as a premium or discount to ''[[π]]''', being the equivalent value for the preceding day.


The BHCMA would trim the top and bottom estimates, average the remainder and compile and publish the trimmed arithmetic mean rate as the [[London Inter-Employer Basic Offered Rate]] ([[PIEBOR]]). PIEBOR quickly became the ''de facto''  measure of ''π'' and was soon factored into the “floating” leg of [[employment rate swap]]s as standard.
The BHCMA would weight the submissions by reference to the volume of cash the venture capitalists lobbed at each startup, trim the top and bottom estimates, average the remainder and compile and publish the trimmed arithmetic mean rate as the [[London Inter-Employer Basic Offered Rate]]. Quickly “[[PIEBOR]],” as it was known, became the ''de facto''  measure of ''[[π]]'' and was soon factored into the “floating” leg of [[employment rate swap]]s as standard.


==== Credibility spread ====
==== Credibility spread ====
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The credibility rating could yield anomalies. Though HR departments assiduously graded staff against an internal 5-point scoring metric and would [[Force-ranking|force-rank]] staff to a curve, there remained risks that employee “alpha” could be mispriced or too overly concentrated. Furthermore, interdepartmental secondments were beset by credibility rating, diversity arbitrage and [[cheapest to deliver|cheapest-to-deliver]] scandals, especially over quarter end.
The credibility rating could yield anomalies. Though HR departments assiduously graded staff against an internal 5-point scoring metric and would [[Force-ranking|force-rank]] staff to a curve, there remained risks that employee “alpha” could be mispriced or too overly concentrated. Furthermore, interdepartmental secondments were beset by credibility rating, diversity arbitrage and [[cheapest to deliver|cheapest-to-deliver]] scandals, especially over quarter end.


Meantime, the need for periodic [[Reduction in force|reductions in force]] was greatly reduced and could be handled quantitatively without reference to individual performance or value — as that was baked into the portfolio credibility rating. This led to the curious phenomenon of staff with the ''highest'' credibility ratings — ergo those who were, “pound for pound”, most expensive — being the first to go.  
Meantime, the need for periodic [[Reduction in force|reductions in force]] was greatly reduced and could be handled quantitatively without reference to individual performance or value — as it was now baked into the portfolio credibility rating. This led to the curious phenomenon of businesses laying off those staff with the ''highest'' credibility ratings first. This was not the last unintended consequence of the financialisaton of employment.  


====Expansion====
====Expansion====
By this financial engineering Barkley had unwittingly created a tradable instrument out of an abstract benchmark. Due to the offsetting nature of ERS transactions one needed to be neither long nor short actual staff but could trade directionally on abstract [[π]] without having a job, or any workers, at all. These “synthetic” instruments were valuable for sectors affected by the vagaries of the labour market even where not themselves directly exposed to it. Recruitment consultants, employment lawyers, HR Consultants — that kind of thing.  
{{Drop|B|y this financial}} engineering Barkley had unwittingly created a tradable instrument out of an abstract benchmark. Due to the offsetting nature of ERS transactions one needed to be neither long nor short actual staff but could trade directionally on abstract [[π]] without having a job, or any workers, at all. These “synthetic” instruments were valuable for sectors affected by the vagaries of the labour market even where not themselves directly exposed to it. Recruitment consultants, employment lawyers, HR Consultants — that kind of thing.  


Individual workers began to buy π-linked [[contracts for difference]] as a way of laying off their own intrinsic [[loyalty discount]], a sort of negative carry that comes from unreflective devotion to a single monolithic corporation. This restricted the need to quit to a narrow run of unmanageable idiosyncrasies such as cultural fit, business relocation and visceral hatred of the boss.
Individual workers began to buy [[π]]-linked [[contracts for difference]] as a way of laying off their own intrinsic [[loyalty discount]], a sort of negative carry that comes from unreflective devotion to a single monolithic corporation. This restricted the need to quit to a narrow run of unmanageable idiosyncrasies such as cultural fit, business relocation and visceral hatred of the boss.


Before long more exotic ERS payoffs emerged. Capital protected [[Reduction in force|RIF puts]], employment collars, diversity forwards and  synthetic collateralised gender pay gap swaps. All these risks, and more, could be managed in the hypothetical with out adjusting the physical staff roster at all.
Before long more exotic ERS payoffs emerged. Capital protected [[Reduction in force|RIF puts]], employment collars, diversity forwards and  synthetic collateralised gender pay gap swaps. All these risks, and more, could be managed in the hypothetical with out adjusting the physical staff roster at all.
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Banks even began selling employment derivatives directly to their employees, saving the bother of having to hedge themselves.  
Banks even began selling employment derivatives directly to their employees, saving the bother of having to hedge themselves.  


So began the sad chronicle of employment rate swap mis-selling. In this dark episode, banks would separate the employee’s fixed rate, and pay that under a physical employment contract, then separately hedge out their π risk with a linked derivative. Before the emergence of ERS, the π risk was intrinsic to the employment contract and could not be abstracted and traded separately.  
So began the sad chronicle of employment rate swap mis-selling. In this dark episode, banks would separate the employee’s fixed rate, and pay that under a physical employment contract, then separately hedge out their [[π]] risk with a linked derivative. Before the emergence of ERS, the [[π]] risk was intrinsic to the employment contract and could not be abstracted and traded separately.  


The scandal blew up when it emerged HR departments were being offered incentives to place employee counterparties on performance management, arranging with other firms to bid them away or just peremptorily layingthe employee off, leaving her holding a twenty-five year out of the money employment rate swap and badly exposed should crypto go tits up.
The scandal blew up when it emerged HR departments were being offered incentives to place employee counterparties on performance management, arranging with other firms to bid them away or just peremptorily laying them off, leaving staff holding a twenty-five year [[out-of-the-money]] employment rate swaps with no actual job, and badly exposed should [[crypto]] go [[tits up]].


Such “self-referencing employment derivatives” are now not permitted in many jurisdictions, and attract penalty risk weighing in the UK.  
Such “self-referencing employment derivatives” are now not permitted in many jurisdictions, and attract penalty risk weighing in the UK.