Employment relations - Revision history

Editor at 11:23, 10 February 2022

2022-02-10T11:23:19Z

← Older revision		Revision as of 11:23, 10 February 2022
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	Procedures for fair dismissal are outlined in the Employment Act 2008.		Procedures for fair dismissal are outlined in the Employment Act 2008.

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	= Related articles on Designing Buildings =

	* Appointing consultants.		* Appointing consultants.
	* Business plan.		* Business plan.
	* Construction contract.		* Construction contract.
		+	* Court of appeal ruling on holiday pay and employment status.
	* Gangmaster.		* Gangmaster.
	* Hourly rate.		* Hourly rate.

Designing Buildings at 07:03, 2 February 2021

2021-02-02T07:03:03Z

← Older revision		Revision as of 07:03, 2 February 2021
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	* Umbrella companies.		* Umbrella companies.

−	[[Category:Articles_needing_more_work]] [[Category:Appointments]]	+	[[Category:Articles_needing_more_work]] [[Category:DCN_Commentary]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Appointments]]

Designing Buildings: Reverted edits by Scigaj (talk) to last revision by Designing Buildings

2019-06-27T21:14:27Z

Reverted edits by Scigaj (talk) to last revision by Designing Buildings

← Older revision		Revision as of 21:14, 27 June 2019
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		+	{{:Standard_text\|Articles needing more work}}
		+
	= Introduction =		= Introduction =

−	~~At the beginning make some notes.~~	+	There are four main stages to employment relations:

−	~~First one Trd: the client appointing design consultant who produce design and contract documentation~~. ~~The client would had real time involvement in project and all documentation prepared by design team who have full control over the design. It would allow for development~~ of ~~complex details. The design team would have to complete significant part of construction drawings, so contractor can understand, not just a system but all unique parts~~ -adequate time must be allowed for this (therefore, not suitable for fast track projects). That would risk the client with the risk in how effective the contractor could deliver that design. Therefore, it is crucial for the design team to deliver all necessary information and instruction on time. ~~There is a risk~~ of ~~claims they are delayed, especially when design team does not have good technical experience~~.	+	* Pre-contractual.
		+	* Formation of relationship - contract agreement
		+	* Employment period.
		+	* Termination of relationship.

−	~~Then the contractor is chosen by the client based on competitive tender or negotiation~~. ~~The contractor agrees to deliver project for lump sum amount of money~~. ~~The contractor is taking responsibility only for his performance related to construction works not design~~. ~~In some cases contractor’s responsibility might by limited, i.e. when the client appoints some sub-contractors whose are working on collateral warranty between them~~ and ~~the client.~~	+	= [https://www.designingbuildings.co.uk/wiki/Legislation Legislation] and guidance =

−	~~Two stage tendering ‘accelerated trading method’ can allow for parallel run of design and construction~~. ~~Whilst this allows an early start on site~~.	+	* Employment Rights Act 1996
		+	* Employment Act 2008
		+	* Equality Act 2010.
		+	* Health and safety regulations.

−	~~The client employs contract administrator who acts as his agent and works on his behalf during the construction stage.~~	+	= Nature of relationship =

−	~~This procurement can deliver whole project on lump sum basis. All matters of valuation and payment are the responsibility of the client’s consultant.~~	+	== Employee ==

−	~~= [https://www~~.~~designingbuildings.co.uk/wiki/Legislation Legislation] and guidance =~~	+	* 'Contract of employment' directly with employer
		+	* Rights under Employment Rights Act 1996 apply.

−	~~Second one db~~: the process is to design ‘bid document’, so it is design to certain level and then bid to contractor. Then contractor comes involved and working with the set of the outline drawings (usually RIBA plan of work stage 3 or enhance stage 4). It is important to have a clear client’s brief in place.	+	Benefits:

−	~~Once contractor proposal would be submitted~~ and ~~agreed the client’s proposals would not incorporated into the design~~. ~~It would allow for early start on site (however it is only contractor who benefits from operational flexibility~~. ~~He can take all the upside between fixed cost and how far he can push the actually cost of building during the design process~~. ~~Procurement allows for single point responsibility between the client and contractor~~. ~~The contractor takes responsibility for both design and construction works~~. ~~At single stage tender, it is probably not the best procurement for complex developments, as it is not possible~~ to ~~maintain design quality~~, ~~it depends how advanced were drawings at tender stage~~. ~~If the client decide to use two stage tender with pcsa this problems can be solved (take description from tender~~).	+	* Long term relationship of mutual trust and respect.
		+	* Holiday pay.
		+	* Regular agreed pay.
		+	* Sick leave pay.
		+	* Access to pension scheme.
		+	* Time-off to help dependants (emergency only, e.g. death of dependant, child care) without pay.

−	Benefits can arise from designers and estimators having to work closely together. The contractor’s awareness of current market conditions and delivery times can ensure that a contract runs smoothly, economically and expeditiously - that means efficiency in time.	+	== Temporary employee ==

−	~~Sometimes the client require the contractor~~ to ~~appoint some or all of his consultants at the time the design and build contract is entered into. This process is called novation.~~	+	Similar to an employee, but:

−	~~= Nature~~ of ~~relationship =~~	+	* Fixed-term contract with an end date.
		+	* Can apply for full-time status after four consecutive renewals of the same contract.
		+	* Objective justification for employer to decline.

−	~~Third constr manag the client would appoint together with design team an agent responsible for logistics, who would be paid a percentage or fixed cost for that advice~~ - ~~construction manager. (to prepare all project drawings and a project specification). All trade contractors would be directly contracted with the client.~~	+	== Part-time employee ==

−	~~The Construction Manager would split up~~ the ~~works and the packages would be tendered and let separately and sequentially~~	+	* Working week/hours defined.
		+	* Entitled to the same benefits as employee.
		+	* Employer legally required to consider request for part time working - they are not obliged to agree but must have sound business reasons for not doing so.

−	The client appoints all the trade contractors giving them direct contractual links with all parties of the project. There is no direct contractural link between construction manager and trade contractors. Const manager also does not carry any construction works.	+	== Agency staff ==

−	~~This procurement manage correctly can deliver better value and outcomes in shorter period of time~~, ~~therefore it is wise to use it for complex fast-track deliveries, allowing early start on site~~. ~~However would not provide any cost certainty at the outset~~ and with ~~funding not fully secured~~. ~~The client is a risk taker in here~~	+	* Tripartite relation with agency, employer and staff.
		+	* Contract between agency and employer.
		+	* Benefits are dealt with by agency.
		+	* Can be terminated on short notice.

−	~~= Dismissal =~~	+	Agency Workers Regulations 2010:

−	~~Fourth manag contacting~~ the ~~management contractor is appointed together with design team. Management contractor is selected by a process of tender~~ and ~~interviews. He is managing execution of work, he is not~~ directly ~~involved in carrying out any of the construction work, which will be done~~ by packages undertaken by works contractors appointed by the management contractor. Sometimes management contractor accepts certain amount of design liability. Work contractors are directly and contractually responsible to the management contracotr.	+	* Principal of equal treatment
		+	* Right to the same basic working and employment conditions as if engaged directly by hirer.

−	The management contractor would then appoint all necessary works contractors for the construction phase. He would split the works into packages and let the contracts separately and sequentially in line with the construction programme.	+	Onshore employment intermediaries act 2014:

−	~~This procurement manage correctly can deliver better value and outcomes in shorter period of time,~~ as ~~much of design work can be done parallel to construction. Therefore it is wise to use it~~ for ~~complex fast-track deliveries, allowing early start on site~~. ~~Management cont would not provide any cost certainty at~~ the ~~outset~~ and with funding not fully secured. The client is a risk taker in here, however he has a high degree of flexibility on design matters, he can adjust it as construction proceeds, without sacrificing cost control.	+	* Treated as employee for tax purposes. This prevents the end-user avoiding paying national insurance and tax.

−	Management contracting demands a degree of highly specialised experience and expertise in setting up and managing operations, so it is essential to interview the whole management contracting team before appointment.	+	== [https://www.designingbuildings.co.uk/wiki/Consultants Consultants] ==

−	~~= Related articles on Designing Buildings Wiki =~~	+	* Usually engaged for a specific project.
		+	* No benefits as they are seen as a supplier.

−	Tender, single: selective tendering is primarily appropriate where the employer’s requirements are sufficiently defined to enable the work to be priced. Two stage are generally reserved of complex projects where the employer’s requirements have not crystallised and contractor/specialist input required for the purpose. It increases the scope for value engineering through early contractor involvement, team work and fixed subcontractor pricing. It reduces scope for claims that result from inaccurate or inadequate designs or specification. The shortlisting is followed by the tender process, at the end of which, in a single stage procedure, the successful tenderer is awarded the contract. In two stage, the successful bidder is selected as preferred bidder, to assist the employer and professional team in finalising the design in the reconstruction stage and then to negotiate the final terms of the contract.	+	= Dismissal =

−	~~jct sbc 11 with Quantities with SCDs is a widely used form of contract that has been tested in the courts. For this and other stated~~ reasons ~~I consider that it would be a sensible choice~~ for ~~such a high-pro le project. Risk has been apportioned fairly to all parties and, if well managed, will give the client a balance between cost certainty and design quality.~~	+	Fair reasons for dismissal S98 (ERA 1996) include:

−	~~To enable an early start on site I would recommend a separate enabling works contract to be let between the parties~~. ~~This would also allow site conditions to be assessed more thoroughly~~.	+	* Breach of disciplinary codes.
		+	* Redundancy.
		+	* Capability.
		+
		+	Procedures for fair dismissal are outlined in the Employment Act 2008.
		+
		+	= Related articles on Designing Buildings Wiki =

−	~~jct db 11 shorter deliver time, better cost certainty~~. ~~Contractor has responsibility for all works~~. ~~Single fix price for design and construction. No~~ contract ~~administrator~~. ~~Contractor manages valuation and payments~~. ~~jct cm/tc 11 or mc 11~~	+	* Appointing consultants.
		+	* Business plan.
		+	* Construction contract.
		+	* Gangmaster.
		+	* Hourly rate.
		+	* IR35.
		+	* PAYE.
		+	* Payroll companies.
		+	* Personal service company.
		+	* Professional indemnity insurance.
		+	* TUPE Regulations.
		+	* Umbrella companies.

	[[Category:Articles_needing_more_work]] [[Category:Appointments]]		[[Category:Articles_needing_more_work]] [[Category:Appointments]]

Scigaj at 16:42, 27 June 2019

2019-06-27T16:42:36Z

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Designing Buildings at 10:03, 29 May 2019

2019-05-29T10:03:20Z

← Older revision		Revision as of 10:03, 29 May 2019
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		+	{{:Standard_text\|Articles needing more work}}
		+
	= Introduction =		= Introduction =

Designing Buildings at 10:02, 29 May 2019

2019-05-29T10:02:51Z

Show changes

Editor: moved Question 1 to Employment relations: Uninformative and vague title

2019-05-07T14:29:17Z

moved Question 1 to Employment relations: Uninformative and vague title

← Older revision

Revision as of 14:29, 7 May 2019

Editor at 14:26, 7 May 2019

2019-05-07T14:26:40Z

83.244.215.66 at 18:33, 6 May 2019

2019-05-06T18:33:40Z

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83.244.215.66 at 17:01, 6 May 2019

2019-05-06T17:01:07Z

← Older revision		Revision as of 17:01, 6 May 2019
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	<br />		<br />
	.CPD. Explain the general purpose of CPD and identify an aspect of the practice’s management which could benefit from it. Continuing professional development - those activities that constitute part of the learning process which should continue throughout an architect’s professional career. The benefit in practice management might be related to: taking individual staff development needs into account, keep everyone up to date and competent.		.CPD. Explain the general purpose of CPD and identify an aspect of the practice’s management which could benefit from it. Continuing professional development - those activities that constitute part of the learning process which should continue throughout an architect’s professional career. The benefit in practice management might be related to: taking individual staff development needs into account, keep everyone up to date and competent.
		+
		+	== Work stages ==

	<br />		<br />
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	It is a month-by-month review of the flows in and out by checking the practice in vs out we can get an idea of the overall liquidity.<br />		It is a month-by-month review of the flows in and out by checking the practice in vs out we can get an idea of the overall liquidity.<br />
	Captive fee’s – ones that you know are incoming as long as the project runs smoothly		Captive fee’s – ones that you know are incoming as long as the project runs smoothly
		+
		+	== Comments ==

	<br />		<br />

← Older revision		Revision as of 14:26, 7 May 2019
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	= Introduction =		= Introduction =

−	There are 4 main stages to employment relations:	+	There are four main stages to employment relations:

−	* Pre contractual.	+	* Pre-contractual.
	* Formation of relationship - [https://www.designingbuildings.co.uk/wiki/Contract contract] [https://www.designingbuildings.co.uk/wiki/Agreement agreement]		* Formation of relationship - [https://www.designingbuildings.co.uk/wiki/Contract contract] [https://www.designingbuildings.co.uk/wiki/Agreement agreement]
	* Employment period.		* Employment period.
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	* [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] employment policy		* [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] employment policy
−	* Employment Rights [https://www.designingbuildings.co.uk/wiki/Act ~~act~~] 1996	+	* Employment Rights A[https://www.designingbuildings.co.uk/wiki/Act ct] 1996
	* Employment [https://www.designingbuildings.co.uk/wiki/Act Act] 2008		* Employment [https://www.designingbuildings.co.uk/wiki/Act Act] 2008
	* [https://www.designingbuildings.co.uk/wiki/Equality_Act_2010 Equality Act 2010] applies to all.		* [https://www.designingbuildings.co.uk/wiki/Equality_Act_2010 Equality Act 2010] applies to all.
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	* Sick leave pay.		* Sick leave pay.
	* [https://www.designingbuildings.co.uk/wiki/Access Access] to pension scheme.		* [https://www.designingbuildings.co.uk/wiki/Access Access] to pension scheme.
−	* Time off to help dependants (emergency only, e.g. death of dependant, child care) Without pay.	+	* Time-off to help dependants (emergency only, e.g. death of dependant, child care) Without pay.

	== Temporary [https://www.designingbuildings.co.uk/wiki/Employee employee] ==		== Temporary [https://www.designingbuildings.co.uk/wiki/Employee employee] ==
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	Similar to an [https://www.designingbuildings.co.uk/wiki/Employee employee], but:		Similar to an [https://www.designingbuildings.co.uk/wiki/Employee employee], but:

−	* Fixed [https://www.designingbuildings.co.uk/wiki/Term_contract term contract] with an end date.	+	* Fixed-[https://www.designingbuildings.co.uk/wiki/Term_contract term contract] with an end date.
−	* Can apply for full time status after 4 consecutive renewals of the same [https://www.designingbuildings.co.uk/wiki/Contract contract].	+	* Can apply for full-time status after four consecutive renewals of the same [https://www.designingbuildings.co.uk/wiki/Contract contract].
	* Objective justification for [https://www.designingbuildings.co.uk/wiki/Employer employer] to decline.		* Objective justification for [https://www.designingbuildings.co.uk/wiki/Employer employer] to decline.

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	* Working week/hours defined.		* Working week/hours defined.
	* Entitled to the same benefits as [https://www.designingbuildings.co.uk/wiki/Employee employee].		* Entitled to the same benefits as [https://www.designingbuildings.co.uk/wiki/Employee employee].
−	* [https://www.designingbuildings.co.uk/wiki/Employer Employer] legally required to consider request - they are not obliged to agree but must have [https://www.designingbuildings.co.uk/wiki/Sound sound] business ~~reason~~ for not.	+	* [https://www.designingbuildings.co.uk/wiki/Employer Employer] legally required to consider request - they are not obliged to agree but must have [https://www.designingbuildings.co.uk/wiki/Sound sound] business reasons for not doing so.

−	== [https://www.designingbuildings.co.uk/wiki/Agency Agency] ~~Staff~~ ==	+	== [https://www.designingbuildings.co.uk/wiki/Agency Agency] staff ==

	* Tripartite relation with [https://www.designingbuildings.co.uk/wiki/Agency agency] (employer) and [https://www.designingbuildings.co.uk/wiki/End_user end user].		* Tripartite relation with [https://www.designingbuildings.co.uk/wiki/Agency agency] (employer) and [https://www.designingbuildings.co.uk/wiki/End_user end user].
	* [https://www.designingbuildings.co.uk/wiki/Contract Contract] between [https://www.designingbuildings.co.uk/wiki/Agency agency] and [https://www.designingbuildings.co.uk/wiki/Employer employer].		* [https://www.designingbuildings.co.uk/wiki/Contract Contract] between [https://www.designingbuildings.co.uk/wiki/Agency agency] and [https://www.designingbuildings.co.uk/wiki/Employer employer].
	* Benefits are dealt with by [https://www.designingbuildings.co.uk/wiki/Agency agency].		* Benefits are dealt with by [https://www.designingbuildings.co.uk/wiki/Agency agency].
−	* Can be terminated by [https://www.designingbuildings.co.uk/wiki/End_user end user] on short [https://www.designingbuildings.co.uk/wiki/Notice notice].	+	* Can be terminated by [https://www.designingbuildings.co.uk/wiki/End_user end-user] on short [https://www.designingbuildings.co.uk/wiki/Notice notice].

	[https://www.designingbuildings.co.uk/wiki/Agency Agency] [https://www.designingbuildings.co.uk/wiki/Workers Workers] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2010:		[https://www.designingbuildings.co.uk/wiki/Agency Agency] [https://www.designingbuildings.co.uk/wiki/Workers Workers] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2010:
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	Onshore [https://www.designingbuildings.co.uk/wiki/Employment_intermediaries employment intermediaries] [https://www.designingbuildings.co.uk/wiki/Act act] 2014:		Onshore [https://www.designingbuildings.co.uk/wiki/Employment_intermediaries employment intermediaries] [https://www.designingbuildings.co.uk/wiki/Act act] 2014:

−	* Treated as [https://www.designingbuildings.co.uk/wiki/Employee employee] for tax purposes. This prevents the [https://www.designingbuildings.co.uk/wiki/End_user end user] exploiting as means to avoid paying ~~NI &~~ tax.	+	* Treated as [https://www.designingbuildings.co.uk/wiki/Employee employee] for tax purposes. This prevents the [https://www.designingbuildings.co.uk/wiki/End_user end-user] exploiting as a means to avoid paying national insurance and tax.

	== [https://www.designingbuildings.co.uk/wiki/Consultants Consultants] ==		== [https://www.designingbuildings.co.uk/wiki/Consultants Consultants] ==

−	* Usually engaged for specific [https://www.designingbuildings.co.uk/wiki/Project project].	+	* Usually engaged for a specific [https://www.designingbuildings.co.uk/wiki/Project project].
	* No benefits as they are seen as a [https://www.designingbuildings.co.uk/wiki/Supplier supplier].		* No benefits as they are seen as a [https://www.designingbuildings.co.uk/wiki/Supplier supplier].

	= Dismissal =		= Dismissal =

−	Fair reasons for dismissal S98 (ERA 1996):	+	Fair reasons for dismissal S98 (ERA 1996) include:

	* [https://www.designingbuildings.co.uk/wiki/Breach Breach] of disciplinary codes.		* [https://www.designingbuildings.co.uk/wiki/Breach Breach] of disciplinary codes.
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	-----		-----
−	Student - ~~riba~~ code 3-6.8 minimum wage based on PEDR submission - pay fairly at the correct rate (use the ~~riba~~ benchmarking information at decide the rate for a year out student), nominate mentor, provide reasonable breadth of work, permit attendance at courses, study days, etc.	+	Student - RIBA code 3-6.8 minimum wage based on PEDR submission - pay fairly at the correct rate (use the RIBA benchmarking information and decide the rate for a year-out student), nominate mentor, provide reasonable breadth of work, permit attendance at courses, study days, etc.

−	Discuss remuneration - overtime payment, system of time in ~~lieau~~ that he could use during not too busy days. ~~riba~~ 3-6.5 & 3-6.4	+	Discuss remuneration - overtime payment, system of time in lieu that he could use during not too busy days. RIBA 3-6.5 & 3-6.4

−	Office manual includes - overtime and remuneration, PEDR's and additional training, ~~CPD's~~, working late/weekend working policy	+	Office manual includes - overtime and remuneration, PEDR's and additional training, CPDs, working late/weekend working policy

	Colleague - not promoting culture of overworking		Colleague - not promoting culture of overworking

−	~~riba~~ employment policy - ~~Provide~~ employees with a written contract, Use a model contract when employing students, Employ students according to good employment guidance – ~~min~~ wage, Promote a healthy work life balance	+	RIBA employment policy - provide employees with a written contract, Use a model contract when employing students, Employ students according to good employment guidance – minimum wage, Promote a healthy work-life balance

	Employment legislations		Employment legislations

−	To reduce overload of work - ~~Procedures~~ for time, working environment, Resource forecast to be prepared for staffing needs, Office handbook and QA procedure – keeping good records and timesheets, monitoring time spent on the project, A good QA that monitors time, Having staff procedure in place and within an office manual that is given to all new starters.	+	To reduce overload of work - procedures for time, working environment, Resource forecast to be prepared for staffing needs, Office handbook and QA procedure – keeping good records and timesheets, monitoring time spent on the project, A good QA that monitors time, Having staff procedure in place and within an office manual that is given to all new starters.

−	Interview based on QMS - it should contain quality management manual and within: ~~Recuritement~~ strategy, Appropriate method of recruitment by level, ~~Potential~~ role descriptions for each level of staff, ~~Process~~ for screening incoming CV and notification to the sender. It should also detail the interview process	+	Interview based on QMS - it should contain quality management manual and within: recuritement strategy, Appropriate method of recruitment by level, potential role descriptions for each level of staff, process for screening incoming CV and notification to the sender. It should also detail the interview process

−	Alos the interview guidelines, this will inform the interview process. Incuding, who should be involved, how many stages there are to the interview, an appropriate testing, potentially a high level list of questions, however these should be developed for each specific role. Office introduction to the potential employee. Documentation of application process	+	Alos the interview guidelines, this will inform the interview process. Incuding, who should be involved, how many stages there are to the interview, an appropriate testing, potentially a high-level list of questions, however these should be developed for each specific role. Office introduction to the potential employee. Documentation of application process

−	The ~~qms~~ system should have a quatity manual within this is would expect a section on the interview and recruitment process/stragtey that the practice has defined.	+	The QMS system should have a quatity manual within this would expect a section on the interview and recruitment process/stragtey that the practice has defined.

	Recuritement strategy, appropriate method of recruitment by level, potential role descriptions for each level of staff, process for screening incoming CV and notification to the sender. It should also detail the interview process;		Recuritement strategy, appropriate method of recruitment by level, potential role descriptions for each level of staff, process for screening incoming CV and notification to the sender. It should also detail the interview process;
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	The quality management manual should contain a section on the interview guidelines, this will inform the interview process. Incuding, who should be involved, how many stages there are to the interview, an appropriate testing, potentially a high level list of questions, however these should be developed for each specific role. Office introduction to the potential employee.		The quality management manual should contain a section on the interview guidelines, this will inform the interview process. Incuding, who should be involved, how many stages there are to the interview, an appropriate testing, potentially a high level list of questions, however these should be developed for each specific role. Office introduction to the potential employee.

−	It should also ~~out line~~ the statutory and professional standards that the interviewer and interview/ recruitment process needs to abide by	+	It should also outline the statutory and professional standards that the interviewer and interview/ recruitment process needs to abide by.

	[[Category:Articles_needing_more_work]]		[[Category:Articles_needing_more_work]]