Professional Documents
Culture Documents
10.4324 9781003428084-5 Chapterpdf
10.4324 9781003428084-5 Chapterpdf
10.4324 9781003428084-5 Chapterpdf
Workplace
Introduction
The duty to those in the workplace (including those in other workplaces associated
with projects, e.g. construction sites) is, it seems, often forgotten – or at least
neglected somewhat due to the pressures of competing priorities and the focus
on external stakeholders, typically clients. However, it is a crucial duty – when duly
observed, upheld and supported it can lead to:
• resilience of an organisation
• improved performance of an organisation
• improved wellbeing, both in the workplace and beyond
• attraction and retention of high-quality staf.
Various issues tend to arise with this ethical duty; however, much evidence is
anecdotal, given the nature of these issues within the workplace and the consequent
reluctance of individuals to speak out freely. Typical ethical issues which arise in the
context of this duty include the following.
• The architect’s duty to those who commission their services is often seen as
paramount – sometimes leading to unrealistic deadlines, poor working hours and
poor staf wellbeing.
• Access to the architectural profession is often reported as expensive and eforts
towards improving and diversifying access are often undermined by poor
recruitment practices.
• Time, space and resources are sometimes not given towards training,
development and driving forward diversity and inclusion.
• Decisions of a practice’s leadership can lack transparency, leading to staf
disengagement and perceptions of unfairness, particularly regarding salaries and
promotions.
The nature of the duty to those in the workplace is broad and varied. Again, from
anecdotal evidence it seems that practices often do well or even excel in respect
of some elements of the duty; few perform well across all elements. The duty is not
just the duty owed by an architect employer towards their architect employees;
it is a duty owed by any and all architects in their workplace towards all those
they encounter.
It is therefore useful to explore the diferent components of the duty and how it
should be balanced in the wider context of ethical decision-making – what does the
duty to those in the workplace actually look like in practice, and how should the duty
be sufciently prioritised while still delivering against other duties?
FIGURE 4.1
Starting to explore the duty
to those in the workplace.
Legislation
Key pieces of UK employment legislation4 include:
• Employment Rights Act 1996: covering the rights of employees, particularly in
respect of dismissal, parental leave and redundancy
• National Minimum Wage Act 1998: covering the minimum wage requirements (as
updated by the government from time to time)
• Employment Relations Act 1999: covering various rights at work, including trade
union recognition
• The Equality Act 2010: covering discrimination and protected characteristics
• The Health and Safety at Work Act 1974: covering occupational health and safety
measures and the duty of employers towards all those on their premises.
Case law
Employment case law is high volume in the UK, covering a wide array of issues.5 It
is, of course, best to start with trying to do the right thing and to avoid problems
and disputes altogether. While it is then often best to try to resolve workplace issues
through informal means, or through an organisation’s grievance procedure, formal
means of dispute resolution are sometimes required. A good starting point is Acas’s
free ‘early conciliation’ service.6 For cases which cannot be resolved in this way, in the
UK there is the option of taking a case to the Employment Tribunal.7 A rich source of
diferent factual scenarios and case law emerges from the Employment Tribunal on a
regular basis.
CoDES
ARB
The Architects Code,8 while framed more through the lens of the duty to one’s client,
touches upon elements of the duty to those in the workplace, particularly in its
sections on:
• Standard 4: ‘Manage your business competently’
• Standard 12: ‘Have respect for others’.
However, these duties are obviously consumer-focused – being concerned with
ensuring that architects provide their clients with a proper and competent service.
Moreover, the duty to respect others, as articulated in Standard 12, does not go beyond
a requirement to ‘act in compliance with your legal obligations’ and to ‘not discriminate’.
This does little to develop and safeguard the duty any architect owes towards those
they encounter in the workplace. Therefore, much of the duty is left to individuals and
practices to decide and shape for themselves, through the development of policies,
codes and organisational culture and ethos. More on that later in the chapter.
RIBA
The RIBA Code of Professional Conduct9 and Code of Practice10 do more to build on
the legal obligations towards those in the workplace and provide a somewhat more
detailed articulation of the components of the duty.
Principle 3 of both the Code of Professional Conduct and the Code of Practice,
dealing with ‘Relationships’, gives more detail:
Para 4: Equality, diversity and inclusion: Over and above reafrming the legal
obligations not to discriminate, victimise or harass anyone, Section 4.1 requires an
approach which ‘encourages and promotes equality of opportunity and diversity’,
while Sections 4.4 and 4.5 set requirements to ‘treat all persons fairly, with courtesy
and respect and without bias’ and ‘treat the beliefs and opinions of other people
with respect’. While these obligations clearly extend beyond the workplace, they also
include it and build on legal requirements in an efort to create a more ethical work
environment.
Para 5: Modern slavery: This explicitly requires compliance with modern slavery
legislation, but also requires members to:
• raise awareness of the issues of modern slavery in construction
• exercise reasonable skill and care to use supply chains (including both materials
and people implicated) which are free from modern slavery.
Para 6: Employment and responsibilities as an employer: Again, this section goes
above and beyond the legal obligations incumbent on an employer to require RIBA
Members who are employers and RIBA Chartered Practices to:
• provide a ‘fair, safe and equitable working environment’
• ensure all employees have a ‘full written contract of employment’
• pay staf ‘fairly’ – in line with living wage requirements, as defned by the Living
Wage Foundation,11 and with clear and transparent policies in place regarding:
salaries, pay grades and overtime
• have regard for the maximum weekly working hours12
• have regard for students’ training and educational needs.
Para 11: non-disclosure agreements (nDAs): Making it clear that NDAs should not
be used to block the reporting of wrongdoing or professional misconduct.
Para 12: Whistleblowing: Specifcally requiring RIBA Members/Chartered Practices to
have written procedures in place to enable proper whistleblowing by employees and
to protect whistle-blowers.
‘If a company runs into economic distress, co-ops are generally more adept at
preserving jobs while planning longer-term adjustments to the frm’s operations,
such as slowing down expansion to maintain current assets – whereas traditional
corporations may pay less attention to strategic planning and simply shed jobs to
tighten budgets.’
VIRGInIE PÉRoTIn, Co-oPERATIVES UK, 19 noVEMBER 2018
FIGURE 4.2
Considering the physical
workplace setup.
‘The norm should still be that people don’t have to go to the ofce. They can do stuf
as they need to at home and shouldn’t have to work 9–5. It’s a rebalancing of people’s
lives, which is challenging, but I think it’s the way we’re heading, and we’ll have to think
about what’s required for people to be able to participate in that society.’
InDY JoHAR In An InTERVIEW WITH CLAIRE HARDInG, CEnTRE FoR LonDon, 29 SEPTEMBER 2021
FIGURE 4.3
‘The Rat Race’, street art, Bristol,
unknown artist; highlighting
concerns of some employees.
Practice management
While an organisation’s culture and ethos may now largely be communicated
through websites, blog posts, mission statements, statements of values, employment
contracts, workplace policies and guidelines etc, some of those sources also have a
more detailed role to play in how a practice is actually managed and how it operates
day-to-day.
Employee contracts, together with policies, processes and guidance documents,
should detail how an architectural practice operates and what is expected of
those in the workplace. The subject matter covered by those diferent tools can be
categorised in myriad ways, but should broadly cover:
• the work environment
• equity, diversity and inclusion
• training and development.
WoRK EnVIRonMEnT
The work environment is broad and encompasses both physical workspaces and the
invisible confnes and constructs of our working lives (working hours, annual leave,
sick pay, access to support and advice, etc).
Architects are, hopefully, securing such high-quality work environments for their own
practices, in the interests of all of those in the workplace.
However, the less visible and tangible aspects of the work environment are too often
neglected and familiar ethical issues which receive a lot of attention in this area
persist, including:
• long working hours
• unpaid overtime
• unfair (or at least opaque) salaries and salary scales
• poor investment in training and skills
• poorly communicated and possibly limited work opportunities and career prospects.
These aspects of the ethical duty to those in the workplace are being more
regularly highlighted and challenged, particularly by less experienced architectural
professionals who are willing to speak up and challenge the status quo. It is worth
acknowledging straight away that there is the age-old retort that architectural fees
are inadequate, and that such low fees lead to long working hours and the need
for unpaid overtime. While practices undoubtedly need more support to improve
fees across the profession, it is clear that many architectural practices have worked
hard, despite fees, to eradicate (or at least signifcantly reduce) long working hours
and have made policy decisions at a practice level to ensure overtime requirements
are clear and fair, and that salaries are transparent. So, if some practices have tackled
these ethical issues head on, why not more – why not all? The situation is also
strikingly ‘chicken-and-egg’ – if salaries don’t improve and overtime isn’t paid and
long working hours for poor pay are the norm, why would fees increase? Difcult
though it undoubtedly is, surely paying fair salaries, remunerating overtime and
managing healthy working hours is part and parcel of improving architectural fees.
At a basic level, these issues are covered by the RIBA Code of Professional Conduct
and Code of Practice. They are also taken further for RIBA Chartered Practices by
guidance and example policies within the Chartered Practice Toolbox.23 But more can,
and should, be done, and the institutes and professional bodies have an important
role to play (in the UK and globally) – both through leading by example and through
facilitating discussions within the profession which give a voice to a more diverse
range of individuals. This is beginning to happen, including in the UK through the
RIBA’s Future Architects network,24 but practices can and should do more, sooner.
‘The question is, does the profession actually want to have and encourage open
conversations to take place? And how can Part 1 and Part 2s be encouraged to have a
say and have their voice heard?’
AnonYMoUS SoURCE, 2021
Respecting colleagues
Again, you would hope that the need to respect one’s colleagues is an aspect of
the duty to those in the workplace that could go without further articulation and
emphasis. However, experience and anecdotal reporting suggests that this often isn’t
the case.
FIGURE 4.4
Health, safety and wellbeing
in all workplaces, including
construction sites.
The RIBA Code of Professional Conduct goes some way towards properly articulating
this ethical duty, aiming to banish victimisation and harassment, and to encourage
courtesy and respect.25 Crucially, ‘respect’ and ‘agree with’ are not synonymous.
No ethical duty extends to mean that colleagues are beyond challenge; however,
challenging and disagreeing with someone’s opinion should be done with respect,
with a level of professionalism and courtesy.
Whistleblowing
It is always good to try to resolve issues informally and in a constructive way,
particularly in the workplace; but sometimes that doesn’t work for a variety of
reasons. Sometimes, those in more junior positions in the workplace are fearful of
speaking out on issues they have observed. Sometimes even more experienced
employees fear the possible repercussions of speaking up. With the ethical duty
on individuals certainly extending to require speaking up and speaking out when
malpractice or dangerous situations are observed, the ethical duty also needs to
extend to require workplaces to have whistleblowing procedures in place and to
treat whistle-blowers appropriately and fairly.26
Some practices have set a strong example by having a partner or director at the
practice take responsibility for supporting whistleblowing. This seems like a sensible
and responsible approach, both for dealing with clear instances of whistleblowing
and for developing guidance and policies to help in emerging areas of concern. It is
worth noting that one such emerging area is the difcult position faced, particularly
by young professionals, of being required to work on projects which are not aligned
with our responsibilities in an era of climate and biodiversity emergency.
FIGURE 4.5
A construction site – part of
the extended workplace for
architects.
Key principles
Most of the workplace-related ethical issues which occur frequently within
architectural practice have been mentioned earlier in this chapter. In essence they
can be divided into two broad categories:
• pay and conditions, including: long working hours, unpaid overtime and unfair (or
at least opaque) salaries and salary scales
• lack of opportunity, including: insufcient options for progression, inadequate
training and limited development.
LACK oF oPPoRTUnITY
Similarly, those in the workplace have a high level of autonomy and agency to
provide and pursue opportunities for development and progression. Many more
junior individuals in the workplace anecdotally report that they are exposed
to very limited areas of work for extended periods of time, not being given the
opportunity to see other areas of practice, or to meet clients, or to learn new skills.
While training and development, of course, need to be aligned with the needs
of the business as a whole, induction and training programmes at practices need
to value the talent they have secured – nurturing and growing it whenever and
wherever possible.
Conclusion
It is hopefully clear by now that the ethical duty to those in the workplace is not
simply a duty placed on those in positions of authority, requiring them to treat their
staf in a particular way. It is a more collaborative duty, borne by all those in the
workplace, for the beneft of all. It requires strong foundations, laid in the practice
structure, culture and ethos, followed by a collective efort to look after one another
and support each other in our working lives.
Dilemma – homeworking
CONSIDERATIONS