PC4 Practice and Management Flashcards

1
Q

VAT

A

A consumption tax on final consumer. Not a charge on businesses. Charged as a percentage of price, which means the actual tax burden is visible at each stage in the production and distribution chain. UK increased to 20% on January 2011 (from 17.5%).

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2
Q

RIBA Business Benchmarking Survey

A

provides vital business knowledge about how your chartered practice compares to others across criteria measuring: profit, turnover, marketing spend, hourly rates, salaries, client types and sectors. Also provides historical trend data to help shape future of profession. Most recent one 2021: assessed effect of covid-10 pandemic on practices; revenues fallen significantly by 15%; staff numbers fell by 11% than year before; practices have adapted business and so maintained consistent levels of profit.

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3
Q

Research & Design Entrepreneurship

A

Pre& Post Occupancy Evaluation; Embracing and leading technological advances from BIM to carbon data; Improve research and become knowledge advancers; Management and improve feedback loop from buildings.

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4
Q

Strategic Management

A

The Vision/mission; Strategic Plans (5-10 year views); Business Plans (detailed 1-3 year plans); Succession Plans; Setting SMART objectives (Specific, Measurable, Achievable, Realistic, Timely)

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5
Q

Quality Management

A

Every RIBA Chartered Practice required to have Quality Management System (QMS) in place to demonstrate practice is run effecitlvey. Large Chartered practice (over 51 staff) must adopt almost universal quality assurance standard: ISO 9001. Small Chartered Practices (up to 10 staff) only required to prepare Project Quality Plan (PQP) for each project. Medium ones must use PQP but must have QMS.

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6
Q

Mission Statement

A

A simple statement about the goals, values, and objectives of a company. Who it serves, what it does, its objectives, and its approach to reaching those objectives.

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7
Q

Vision Statement

A

A description of the desired future state of the company.

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8
Q

Turnover

A

Accounting concept that calculates how quickly a business conducts its operations. How quickly a company collects cash from accounts

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9
Q

Cashflow

A

Movement of money in and out of a company. Cash flow statement is financial statement reporting on company’s sources and usage of cash over some time.

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10
Q

Overheads

A

Premise costs; non-productive or non fee earning salary costs; marketing and website costs; IT,hardware and software costs; Insurance including PII, legal finance and accountancy charges; any other expenditure BUT tax such as VAT, Corporation Tax.

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11
Q

Total Expenses

A

Sum of all the total gross cash expenditures plus any subsidiary pending

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12
Q

Productive Expenses

A

Salaries of all professional staff and associated ‘on-costs’; printing of drawings, models, presentation materials, travel costs to site, costs of subcontractors or contract staff.

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13
Q

Charge Out Rate

A

typically used to allocate costs of a resource that is shared among multiple users. In construction it is often used to calculate fees for a labour resource including unproductive and non-chargeable hours.

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14
Q

Percentage Fee

A

calculated as a percentage of construction costs; based upon publish data; based upon office’s own historical information

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15
Q

Lump Sum

A

A fixed figure; based upon how many person days it takes to complete commission; might do a sanity check against percentage fee.

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16
Q

Time Charge

A

based upon actual number of person days taken to carry out work; use office charge our rates (vary for different levels of staff); sometimes include fee ceiling.

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17
Q

Invoicing

A

invoicing affects cash flow; identify invoice points at the outset; ideally invoice monthly; danger of RIBA work stages completed; include other milestones; project time scales; subconsultants; surveys and other fees.

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18
Q

Project Resource Programme

A

To provide adequate resoucres in place to provide clients with a professional service. RIBA Code 2.4: ‘the appropriate competence, skills, and resources to meet requirements of the work for which they are bidding ‘and 4.4. ‘should not provide services they know are beyond their competence or resources’. ARB Code Standard 4: Competent management of your practice

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19
Q

RIBA Fee Scale

A

Mandatory until 1982. Advisory until 1992. Abolished by RIBA in 2009. Set the architects fees; the idea being you choose an architect on the basis of aptitude and availability rather than price. Fees were calculated according to size and complexity of projects and calculated as percentage of construction cost. Since then we are encourage to calculate fees on a resource-based, time-charge, or value-added basis as appropriate.

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20
Q

Sole Trader

A
  • Simplest form of practice structure. Requires the least form filling and you are directly in charge and responsible for everything with regards to the business’s operations. Personal Possessions are at risk should you be unable to pay your debts (unlimited liability).
  • Tax status is most likely ‘self-employed’ but always confirm with a competent accountant – require the filling out of a Self Assessment Tax Return
  • Can hire employees
  • Can be made bankrupt

Advantages: Low Cost, Easy to set-up, Full Control Retained, Minimal Management Structure, No public disclosure of Accounts

Disadvantages: Full personal liability for debt.

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21
Q

Partnerships

A
  • Formed of two or more people. All partners have unlimited liability and are also jointly and severally liable (any one Partner can be liable for all the debts of the business, should others be unable to pay and regardless of their contribution to the debt)
  • Liability can remain after a partnership is dissolved.
  • Partnership Act 1890 doesn’t make an agreement or ‘deed of partnership’ a requirement, but is good practice, covering issues such as: Individual responsibilities, Apportioning of profits and losses, Repayment and interest on capital invested, Retirement of and pension arrangements for partners, Admission of new partners, Dispute Resolution

Advantages: Easy to form, manage and run; More potential to Raise Finance; Minimal Management Structure; No public disclosure of Accounts

Disadvantages: full personal liability, affecting all partners; Partnership disagreements

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22
Q

Limited Liability Company (Ltd)

A

liability, avoiding the risk of personal responsibility for debts. Company has a formal structure and a board of directions, as well as a secretary. Directors are required to show a duty of care to the company.
- Capital can be raised by selling shares to external investors, non-shareholders can be appointed directors to bring in fresh ideas and avoid stagnation.
- Annual accounts are submitted to HM Revenue and Customs, Corporation Tax is payable upon receipt. A memorandum of association and articles of association need to be prepared covering fundamental company decisions and submitted with fees and forms to be registered with Companies House.

Advantages: Less personal financial exposure, Limited Liability Protection

Disadvantages: Involved set up costs, Annual accounts and financial reports are available within the public domain.

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23
Q

Limited Liability Partnerships (LLP)

A
  • Brought about through introduction of Limited Liability Partnership Act of 2000, providing a combination of aspects between partnerships and limited liability companies.
  • Partners have limited liability to only the amount each partner has invested.
  • A ‘Deed of Partnership’ is still strong recommended.
  • Partnership operates as a separate legal entity
  • Annual accounts submitted to the Registrar of Companies and available for public scrutiny
  • Two partners required to operate in roles comparable to Director and Secretary in company’s.

Advantage: Flexibility (Can be incorporated in members agreement); Advantages of limited company and partnership combined

Disadvantage: Partners must disclose income; LLP must start to trade within a year of registration or be struck off

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24
Q

Community Interest Company

A

Strictly set up as a type of company designed for social enterprises that want to use their profits and assets for public good. An ‘Asset Lock’ is submitted in the UK as a legal promise to use the company’s assets only for its social objectives and setting limits on the money that can be paid to shareholders.

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25
Q

Charity

A

Must have approved charitable purpose; Must meet Public Benefit requirement; Strict Rules of Governance – Governing Document; Run by a Board of Trustees made up of volunteers; Charity Bank account; Minimum income 5000pounds per annum; not permitted to make profits; Registered by the Charity commission.

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26
Q

Employee Benefit Trust

A

Encourages employees to become individual shareholders (directly or indirectly), typically managed on their behalf by the EOT. The Board of Directors of company now become directly accountable to the trustee board.

A commonly cited advantage of Employee-Ownership Trusts is the simpler, tax-efficient means of transferring ownership to others within a shared enterprise culture as well as tax incentives on shares and bonuses established by the Finance Act 2014.

Cultural shift away from the ‘star architect’ and to reinvest in giving greater voice to employees of practice. Aim to transfer ownership to all employees for a more egalitarian, accessible workplace where profits can be put back in practice.

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27
Q

Co-operative

A

A form of organization owner and jointly run by its members, coming together to service a specific and common set of economic, social, or cultural goals. Cooperatives are entirely owner by the members, meaning all employees within a business have a say when it comes to decision making and setting policies – with all members having an equal vote.

28
Q

Succession Planning

A
  1. Outright Sale: usually involves an ongoing commitment from the Principal; Difficult to put a value on intangibles – goodwill etc. 2. Merger with another Practice: Benefit of linking with someone who is in the same position; Establish common aims 3. Gradual Handover: Needs the right person and requires trust; Staff often cannot afford a large capital payment; Could be performance related but is a risk.
29
Q

Employment Contracts

A

All employees have an employment contract with their employer. Employees & employers must stick to a contract until it ends or until the terms are changed. (=) an agreement with legal terms for an employee’s: employment conditions /rights /responsibilities /duties. An employer should make clear which parts of a contract are legally binding.

Express terms: leave of entitlement; hours of work; salary; benefits.
Implied terms: Mutual trust & confidence, Duty of Fidelity and Obedience; Custom & Practice: Pay Principles;
Incorporated terms: By statute (e.g Equal Pay Act Provisions; Some or all provisions of a staff handbook; Collective Agreements

30
Q

Implied Terms in Employment Contracts:

A

Employer: Mutual trust and confidence; Due care for health and safety; provide redress for grievances; to provide reasonable notice; pay/provide work. Employee: Mutual trust and confidence; provide reasonable notice; fidelity; obedience; work with due filience/skill; not use/disclose confidential or trade secrets.

31
Q

Explicit Terms in Employment Contracts

A

Expressly or specifically stated either orally or in writing

32
Q

Zero Hour Contract

A

Zero-hours contracts can be a flexible option for both employers and workers. For example, if the work is not constant or is ‘as and when’. In zero-hours contract, the employer does not have to give any minimum working hours and one does not have to take any work offered. By law, the worker has a right to: National Minimum Wage and National Living Wage, paid holiday, pay for work-related travel, pay for being on call, entitlement to rest breaks and be allowed to work for another employer.

33
Q

Employment Law

A

Employment law regulates the relationship between employers and employees. It governs what employers can expect from employees, what employers can ask employees to do, and employees’ rights at work. The law is covered by a number of legislations including: Employment Rights Act 1996 and Employment Act 2008.

34
Q

Employment Rights Act 1996

A

The ERA set out the rights of employees in situations such as dismissal, unfair dismissal, parental leave, and redundancy. It was amended substantially by the Labour government since1997, to include the right to request flexible working time. These rights don’t apply to workers and self-employed people.

35
Q

Health and Safety at Work Act 1974

A

General duties of everyone from employers (section 2) and employees (section 7,8) for maintaining health and safety within most workplaces: Adequate training to staff; adequate welfare provisions; a safe working environment where operation conducted safely; suitable provision of relevant information, instruction and supervision. Employers mustkeep a written record of health and safety policy.

36
Q

Walkver vs. Northumberland county council 1995

A

Case law: defendant employer is under a duty of care to provide safe system of work to its employees. Need to carry out risk assessments (eliminate unnecessary risk of harm or injury)

37
Q

Equality Act 2010

A

The Equality Act provides and protects rights of employees against a various type of unfair treatment. Equal pay is the right for men and women to be paid the same when doing the same, or equivalent, work. However, a significant pay difference between male and female employees still exists.
Nine protected characteristics defined: Age, Disability, Gender Assignment, Race, Religion or Belief, Sex, Sexual Orientation, Marriage and Civil Partnership, Pregnancy and Maternity.

38
Q

National Minimum Wage Act 1998

A

Minimum hourly rates (age related).

39
Q

Working Time Regulation 1998

A

Working Time Regulations 1998 lay down the minimum conditions relating to weekly working time, rest entitlements and annual leave in the UK, although UK employees can opt out of the provisions relating to the minimum 48-hour working week.

40
Q

UK General Data Protection Regulation

A

is a regulation in EU law that protects individuals with regard to the processing of personal data. The UK implementation of GDPR: Data Protection Act 2018: which (1) (a) requires personal data to be processed lawfully & fairly, on the basis of the data subject’s consent or other, (b) conferring rights on the data subject to obtain information about the processing of personal data & to require inaccurate personal data to be rectified & (c) conferring functions on the Commissioner, giving the holder of that office responsibility for monitoring & enforcing their provisions. (2) When carrying out functions under the GDPR, the Commissioner must have regard to the importance of securing an appropriate level of protection for personal data, taking account of the interests of data subjects, controllers & others & matters of general public interest.

41
Q

Whistleblowing

A

A statutory right to disclose facts about with the right not to suffer a detriment. Disclosures must be made in good faith and not for personal faith. Disclosures: criminal offence; failure to comply with legal obligation; miscarriage of justice; health and safety endangered; damage to environment; concealment of information

42
Q

Redundancy

A

A special form of dismissal which happens when an employer needs to reduce the size of its workforce. In the UK, an employee is dismissed for redundancy if: The employer has ceased, or intends to cease, continuing the business; or the requirements for employees to perform work of a specific type, or to conduct it at the location in which they are employed, has ceased or diminished, or are expected to do so.

43
Q

Furlough

A

Coronavirus Job Retention Scheme ended on 2021. Employers could agree to put some or all of staff on temporary leave (furlough) to claim a percentage of each employee’s usual wages. Employer’s had to pay staff on furlough 80% of usual wages up to £2,500 per month – or more if that had been agreed with the employee.

44
Q

Constructive Dismissal:

A

Constructive dismissal occurs when the employee resigns as a result of the actions of the employer, which must amount to a fundamental breach of the employment contract. Employees can claim for constructive dismissal. If an action of constructive dismissal is found, an employer can be made to reinstate the employee, re-engage the employee (in a different role) or pay compensation to the employee. Permitted reasons for a lawful dismissal: Capability or qualifications; Conduct; Redundancy; Termination of a Fixed Term Contract; etc.

45
Q

Lawful Dismissal

A

An Employee has the Right not to be Unfairly Dismissed. Permitted reasons for a lawful dismissal: Capability or qualifications, conduct, redundancy, termination of a Fixed Term Contract, prevented from continuing by reason of a contravention, some other substantial reason (“SOSR”) To be a ‘fair’ dismissal, a UK employer must show that it has acted fairly and reasonably in carrying out the dismissal. More positive approaches, such as coaching and counselling, may help in some cases relating to conduct or performance, and should be considered before resorting to dismissal.

46
Q

Wrongful Dismissal

A

Claims arise where the employer has dismissed without: Paying all or part of the notice, or reasonable notice, due to the employee under the Contract.

47
Q

Unlawful Discrimination

A

Ground for Discrimination (Protected Characteristics) under Equality Act 2010: Age, Disability, Gender reassignment, Marriage and Civil Partnership, Pregnancy and Maternity, race, Religion or Belief, Sex, Sexual Orientation.

48
Q

Direct Discrimination

A

A person is treated unfavourably than another is treated, or would be treated, in the same or similar circumstances without legitimate reason, on unlawful grounds.

49
Q

Indirect Discrimination

A

Occurs where a provision, criterion, practice, requirement or condition which is applied to everyone, places at a disadvantage a particular person, or group of people, by reason of the aforementioned characteristics and it cannot be shown that to do so in that way is a proportionate means for achieving a legitimate aim.

50
Q

Bullying & Harassment

A

Bullying not defined. Harassment Occurs when one person subjects another to “unwanted conduct that has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment”

51
Q

Grievances

A

Concerns, problems, complains that employees raise with their employers. ACAS Code of Practice. Keep written records. Prompt redress to his or her complaint can amount to Constructive Dismissal (W A Gould (Peamark) Ltd. Vs. McConnell). Can be handled informally or formally.

52
Q

Trade Unions

A

An organisation with members who are usually workers/employees. Looks after their interests at work by doing things like negotiating agreements with employers on pay and conditions. Can attend grievance hearing with you. Section of Architectural Works (SAW)-UVW. Demands: End Overwork; transparent and Sustainable Pay; Fair employment.

53
Q

Job Costing

A
  1. Average Annual Employee Hours Worked
  2. Annual Employee Labour Coast
  3. Annual Overheads
  4. Total Employer Payroll Costs
  5. True Cost of an Employee per Hour
  6. Employee Billable Cost per House
54
Q

Office Resource Plan

A

Keeps track of all human resources within the office and their allocation to projects, giving practices an understanding of team members availability whether that be highlighting the need to find future work or reviewing current capacity for prospective projects.

Project Resource Plan: Project specific concerned with he assembly of team members available from the outcomes having reviewed with Office Resource Plan.

55
Q

Quality Control Tools

A
  1. Process Flow Diagram: Importing Consultant’s Drawings, Planning Procedures and Timelines, Key Contractual Mechanisms
  2. Check Sheet: Common Patent Defects
  3. Cause and Effect Diagram (Fishbone): Claims Arising on Site
  4. Pareto Chart (A combined line graph and bar chart where individual values are represented in descending order by bars): Reasons for projects previously being over-budget or being delayed.
  5. Control Chart: Meeting Time and Budget on Completed Projects
  6. Histograms: Team Member Assembly at Different Stages
  7. Scatter Diagram: Size of Projects against Profitability
56
Q

Employment Rights Act 1996

A

Protects the employed British workforce with rights to: Written Contract of Employment, Wages and Payments, Disclosures and Detriments, Paid time off from work for training and natal care, Child Care, Dismissal Notice and Reasons, Unfair Dismissal, Redundancy, Insolvency.

57
Q

Main Reasons a Practice goes out of business

A
  1. Failure to use Standard Agreements
  2. Failure to invoice for work on a regular basis
  3. Failure to collect amounts that are due
  4. Not asking for fees when the brief has changed
  5. Not asking for additional fees for extra work added
  6. Failure to monitor project costs
  7. Low hit rate on competitive tenders
  8. Poor estimation and negotiation
  9. Failure to manage the design team
58
Q

Golden Rules for a Healthy Fee Regime

A
  1. Always have a comprehensive agreement in writing
  2. Make certain that the client understands the payment provisions
  3. Use RIBA agreements, wherever possible
  4. Don’t start any significant work until the agreement is signed
  5. Get the client to sign off and pay for any relevant work before initiating other activities and the close of each work stage
  6. Rigorous Fee Account Management, including credit-checking
  7. Keep a separate fee file, with copies of the agreement, all fee-correspondence, file notes and fee accounts
  8. Invoice monthly, no matter how small
  9. Submit claims for additional fees as incurred, not at the end of the commission.
59
Q

Practice and Project Tools to “Measure’ and ‘Manage’

A
  1. Five-Year Plan
  2. Annual Budget
  3. Cash Flow Forecasts
  4. Balance Sheet
  5. Profit and Loss Accounts
  6. Key Performance Indicators (KPIs)
  7. Turnover Analysis
  8. Resource Forecasting
  9. Project Resource Plans
  10. Project Performance Charts
  11. Fee Forecasts (Captive Fees Forecast, Possible Fees Forecast)
60
Q

Marketing Plan

A

Following the updating of your annual business plan, your marketing plan needs to be updated to reflect the new company goals. A marketing plan should consist of an executive summary and then proceed to identify future potential clients, marketing strategies to reach them and key performance indicators to measure success of reaching those goals.
Should contain:
- Audit of marketing activities to date
- Any improvement you’re planning on making to your products or services
- Realistic and achievable business goals for the next 12 months
- Positioning Statement – Why target audience should buy from you
- Target Audience
- Audit of marketing services
- Tactical Plan – short-list of chosen marketing campaigns
- Limitations or barriers – what is standing in the way of your marketing plan being implemented?

61
Q

Positioning Statement

A

What do you offer vs your competitors. Use statistics wherever possible, taking an evidence based approach:
1. Your brand – Experience, qualifications, expertise, track record, awards, accreediations
2. Products and Services – Innovation, hard to find services, tried and tested methods
3. Price Strategy – Value Drive? Lower than competititors?
4. Customer Care Policy
5. Service – Customer benefits, swift response, fast delivery, complaint resolutions
6. Social Responsibility Policy
7. Environmental Policy

62
Q

Forms of Marketing

A
  1. Website
  2. Newspaper
  3. Blogging
  4. Podcasts
  5. Social Media (Instagram, Twitterm, Linkedin)
  6. RIBA Directory
  7. Literature and Publications
  8. Networking
  9. Press and Media
  10. Exhibitions
  11. Events
  12. Surgeries
  13. Groups and Clubs etc.
63
Q

Methods of Fee Calculation

A

Percentage of Building Cost: Anticipated build cost and scope of services are known. Architect charges their fee as a percentage of the overall cost.

Lump-sum Fee: Appropriate for smaller projects with a clear scope of works offering clients confidence of total costs from the outset.

Time-Based Charges: Reserved for very small works of projects where it is difficult to define the scope. Caps are usually agreed to avoid potential future disagreements.

64
Q

Framework Agreement

A

A contract of short-listed suppliers that a client can invite to tender for the supply of goods and services to be carried out on a call-off basis (as and when required). There is no guarantee of work when entering into a framework agreement. Subject to safeguards and do not normally last for more than four years.

65
Q

Public Procurement Procedures

A

Apply to all public sector contracts over set values. Regulations are designed to ensure free and fair access to, and competition for, public sector contracts. They set down procedures and standards for choosing tenders and awarding contracts.
- The Open Procedure: All interested parties are asked to return tenders by a set date.
- Restricted Procedure: Two stage process: Pre-Qualification Questionnaire then suppliers invited to respond to an Invitation to Tender.
- Competitive Dialogue Procedure:

66
Q

Disciplinary Process (ACAS Code of Practice)

A

Always follow the ACAS Code of Practice on disciplinary and grievance procedures. It may be helpful to consider mediation at any stage. Remember to: keep written records and act swiftly to deal with issue.
1. Take Informal Action wherever possible
2. If issue is not resolved, Take formal action to:
a. Establish Facts
b. Notify Employee in Writing
c. Hold Meeting
d. Allow the Employee to be accompanied
e. Decide Action
3. Inform employee of Result
a. No penalty
b. First written warning/improvement note
c. Final written warning
4. Provide employees with an opportunity to appeal
5. Conduct or Performance fails to improve sufficiently – take further actions

67
Q

Grievance Process (ACAS Code of Practice)

A

Always follow the ACAS Code of Practice on disciplinary and grievance procedures. It may be helpful to consider mediation at any stage. Remember to: keep written records and act swiftly to deal with grievance.
1. Resolve grievances informally
2. Use your grievance procedure when it is not possible or appropriate to resolve the matter informally
a. Employee to let the employer know the grievance in writing
b. Meeting to discuss the grievance
c. Allow the employee to be accompanied at the meeting
d. Decide on appropriate action
e. Allow the employee to appeal if not satisfied
3. Deal with appeal impartially by a manger not previously involved.