Fairness at Work

Report: 6
Date: 14 October 2010
By: Director of Human Resources on behalf of The Commissioner

Summary

This report contains management information and performance analysis in respect of the Fairness at Work Policy (FAWP). It provides statistical data of matters raised through Fairness at Work (FAW) submitted during the period from 1 April 2009 to 31 March 2010. Trends and data are compared against the corresponding period in 2009. The report provides a further update on the progress of the MPS Mediation scheme. This report also contains an update on learning captured and implemented through the FAW process.

A. Recommendations

That the Committee notes the report.

B. Supporting information

1. The Fairness at Work Policy is overseen by the Human Resources Practice Support Team (PST). A dedicated team advises on conflict management (including FAW and mediation) and oversees the implementation of recommendations and outcomes of individual FAW cases. Locally, Human Resources (HR) units manage FAW cases primarily at Stage 1 of the process. There is also a dedicated small team of FAW advisors, aligned to the PST, whom deal with the majority of FAW appeals received at Stage 2 as well as complex Stage 1 cases.

New FAW Cases

2. During the 12 month period 1 April 09 to 31 March 2010 there were 255 recorded FAW cases. In the corresponding period 1 April 2008 to 31 March 2009, there was a total of 241 cases. This figure represents 0.4% of the total workforce lodging FAW concerns.

Profile of staff initiating the FAW process

4. Police staff (including Police Community Support Officers) make up 34% of the workforce strength. During the period 01 April 2009 to 31 March 2010, they accounted for 56% (144 cases) of all FAWs raised. During the corresponding period 1 April 2008 to 31 March 2009 they accounted for 47% (113 cases) of all cases.

5. Police officers make up 60% of the workforce strength. During the period 1 April 2009 to 31 March 2010, they accounted for 44% (111 cases) of all FAWs raised. During the corresponding period 1 April 2008 to 31 March 2009, they accounted for 53% (128 cases) of all FAWs raised.

6. Although there is no one specific reason for the higher numbers of police staff FAWs lodged, it should be noted that many of the major service improvement programmes that are currently taking place within the MPS are directly affecting members of police staff.

Diversity information

Gender – female black and minority ethnic police staff

7. Female black and minority ethnic police staff represents 14% of the total police staff. During the reporting period 1 April 2009 to 31 March 2010, female black and minority ethnic police staff accounted for 15% (38 cases) of the total number of cases recorded. During the corresponding period 1 April 2008 to 31 March 2009 they accounted for 10% (23 cases) of all cases raised.

Gender – female white police staff

8. Female white police staff represented 30% of the total police staff workforce. During the reporting period 1 April 2009 to 31 March 2010, they account for 17% (44 cases) of the total number of FAW cases recorded. During the corresponding period 1 April 2008 to 31 March 2009 they accounted for 14% (34 cases) of the total number of police staff cases recorded.

Ethnicity - Police officers

9. Black and minority ethnic police officers represent 9% of the total police officer workforce. During the reporting period 1 April 2009 to 31 March 2010 they account for 7% (19 cases) of the total number of cases recorded. During the corresponding period 1 April 2008 to 31 March 2009 they accounted for 10% (24 cases) of the total number of cases recorded.

Ethnicity - Police staff

10. Black and minority ethnic police staff represent 25% of the total police staff workforce. During the reporting period 1 April 2009 to 31 March 2010 they accounted for 21% (53 cases) of the number of police staff cases recorded. During the corresponding period April to September 2008, they accounted for 17% (42 cases) of the total number of police staff cases recorded.

Overall impact

11. The PST continues to closely record and monitor all FAW cases. No significant trends or patterns in respect of particular groups have emerged that cause concern or that required direct intervention.

Location

12. All FAW cases are recorded against the Operational Command Unit (OCU) of the originator. It is sometimes the case that the source of an originator’s concern is a person/policy from another location within the MPS. Therefore, the number of cases recorded against each OCU does not necessarily provide an accurate reflection of concerns originating at that OCU.

13. During the period reported there have not been any specific OCUs that have required targeted intervention concerning the number of FAW concerns being raised. However a number of meetings have taking place with local Senior Management Teams (SMT) to advise them on the local management of FAWs. The inception of the Detective Rotation Policy pan MPS has triggered a number of FAW concerns to be lodged, as have issues of OCU’s and units where staff downsizing has caused displacement of staff. The Human Resources Business Partners and Senior Human Resource Advisors selected as part of THR, have and will become an integral conduit in the future to positively facilitate and disseminate communication and learning regarding dispute resolution.

Timeliness

14. During the period 1 April 2009 to 31 March 2010 FAW Stage 1 cases took an average of 78 days to complete. During the corresponding period 1 April 8 to 31 March 2009, FAW Stage 1 cases took on average 72 days to complete. Although, average completion times have risen slightly, since the introduction of the Practice Support Team, case completion times have since 2008 decreased from over 90 days.

15. During the reporting period 1 April 2009 to 31 March 2010, completion of Stage 2 FAW cases took on average of 72 days. During the corresponding period 1 April 2008 to 31 March 2009, FAW Stage 2 cases took on average 80 days to complete. This highlights a continued year on year reduction in the time taken to complete FAW cases at Stage 2.

Categories of cases

16. The three single largest underlying factors for members of staff raising FAW concerns are:

• Behaviours/Actions/Decisions by line managers
• MPS policies
• Behaviours/Actions/Decisions by colleagues

17. Together the above categories account for 56% of all FAWs lodged during the reporting period.

18. Whilst behaviours/actions/decisions by line manager remains the highest reason attributable for raising a FAW, there has been a 9% overall reduction during the current reporting period. This reflects well on a number of initiatives in the MPS that have supported line managers to actively manage their staff in a timely, consistent and fair manner. Such initiatives include training for line managers and the specific workshops implementing the revised Unsatisfactory Police Performance and Unsatisfactory Police Attendance Procedures. These procedures encourage early management intervention.

Case outcomes

19. Of the 270 FAW cases that closed during the reporting period 25% (67 cases) were successfully concluded at Stage 1 of the process, with the originator satisfied that their concerns had been fully investigated and addressed.
NB: The 67 cases represent those that were satisfied with the process and outcome, those locally resolved, and those where mediation successfully resolved the concerns.

20. During the corresponding period of the 249 cases that were closed 32% (80 cases) were successfully concluded at Stage 1. Whilst this represents a reduction in satisfaction by originators during this reporting period of 7%, this data should not be considered in isolation, but taken into consideration with cases resolved at Stage 2 (appeal) stage.

21. During the reporting period 54% (14 cases) were successfully concluded at Stage 2 of the process with the originator satisfied that their concerns had been fully investigated and addressed. During the corresponding period in 2008 this compares to 44% (11 cases). This reflects a percentage improvement of 10%.

22. During the reporting period 29% (78 cases) were closed down by Practice Managers as not appropriate for the FAW process. During the corresponding period in 2008 this compared to 16% (40 cases). Although recognising the right of staff to access the FAW procedure, the Human Resources Practice Support Team are taking a more robust approach to determine whether matters raised are appropriate to be considered under the FAW policy.

23. As highlighted above, Stage 1 data reflects a lower level of originator satisfaction than at Stage 2. When both data sets are combined, and not withstanding the fact that in a number of cases the FAW process is often a pre-requisite for staff lodging Employment Tribunals, (16% of all cases raised during this reporting period were lodged at Employment Tribunals) the overall satisfaction levels amongst users who feel that their issue has been satisfactorily resolved is positive.

Mediation

24. Managed by the HR Practice Support Team, where appropriate, mediation is offered to individuals who have raised FAW concerns as a pre-cursor and alternative to using the formal FAW procedures. It is a confidential process and use of the scheme does not preclude an individual from using FAW should their issues not be satisfactorily mediated.

25. During the reporting period there were 25 cases where mediators were deployed. During the corresponding period in 2008 there were 20 cases. Mediation was successful in 80% of cases and there was no further recourse to FAW nor an Employment Tribunal sought by the originator.

Building capability

26. As a result of the success of the MPS mediation scheme, it was extended in March 2010. A small cadre of staff have been trained to mediate amongst larger groups, where team relationships may have become strained and may be impacting upon performance.

27. In addition, during the period under review the Practice Support Team held a training event with its cadre of mediators. The event was used to share best practice, highlight future learning and ensure that all of the mediators maintained their skills in order to be able to successfully mediate future cases.

28. In late 2009 the Practice Support team, through an on-line questionnaire canvassed the opinions of FAW advisors of the current FAW scheme and specifically how they felt that their contribution to the scheme could be further improved. Having analysed their responses, in April 2010, 2 training events addressing these key aspects took place. These events were attended by over 30 advisors. Due to the success of these training events it intended that there will be 2 FAW workshops per year as part of the continued professional development for advisors. The first of these is planned for November 2010.

29. The PST continues to produce a regular newsletter. This newsletter provides information, advice and updates on issues including FAW and Mediation for HR professionals. A further newsletter has been designed specifically for FAWAs. This includes feature articles on FAW recommendations and Employment Tribunal learning, reminders of best practice and promotion of the MPS mediation scheme.

Learning logs

30. The capturing and subsequent dissemination of learning is pivotal to the success and integrity of the FAW process. The PST therefore, through the use of learning logs, ensures that recommendations and learning from completed FAWs are successfully implemented. The PST has a tracking system that maps each recommendation against an owner with an identified timescale for implementation. As part of the auditing process the PST monitors the recommendations with the agreed owner and ensures full compliance. Highlighted below are some recent examples of where learning has been captured and successfully implemented.

1. A number of police staff and police officers raised concerns about the application of the temporary promotion policy. As a result of recommendations from the FAW reports a full review is currently being undertaken in relation to the policy and its application across the MPS.
2. A detective successfully applied for a role within a specialist unit. However the officer was based on a BOCU where all transfers were embargoed due to resourcing needs, therefore he was unable to take up his new position. As a result of the recommendation from the FAWA, now it has been agreed that in exceptional cases the Territorial Policing Business Manager will liaise with their counterparts to resolve competing organisational demands.
3. A member of police staff upon return from maternity leave was due to transfer to a new post that involved shift working. The FAWA identified a gap in the return to work section of the maternity leave policy. As such it is now the responsibility of the new OCU to make contact with the individual 2 weeks before their return to work to discuss new working arrangements, including flexible working and any shift pattern.

C. Other organisational and community implications

Equality and Diversity Impact

1. The FAWP is complementary to MPS Values and Behaviours, and supports the Commissioner’s vision of achieving higher standards of professionalism, pride, productivity, presence and performance. In addition it supports the concept of equality of opportunity, dignity at work and respect. The FAWP is the vehicle to inform the MPS of improvements and learning in working with and managing staff. This all contributes to helping make the MPS a safer place to work and an employer of choice.

2. MET Forward

This report fully reflects and supports MPS delivery of the following key outcomes of Met Forward: increasing confidence in policing; giving better value for money and valuing our people. These are achieved by activities to minimise the exposure of FAWs to the MPS by resolving issues at an early stage where possible thereby reducing individual and organisational damage and by sharing learning across the MPS to improve awareness and prevent recurring problems.

Financial implications

3. There are no specific financial considerations arising from this report.

Legal implications

4. There are no adverse legal implications arising from the report. The procedures do comply with the ACAS’ Code of Practise on disciplinary and grievance procedures. The statistical data and the categories of cases do not indicate any adverse trends or disproportionate impact taking into account the issues facing the MPS including those currently under transition. The continuing success of the MPS’ mediation scheme is extremely positive and likely to be viewed favourably by a court or a tribunal.

Environmental implications

5. There are no environmental issues raised by the report. It should be noted however, that the MPS Environment Strategy will, during the course of the 09/10 financial year, be superseded by a Corporate Social Responsibility (CSR) Strategy that is currently in development, and which will take into account a broader scope of issues, including social and economic issues. It is possible that the material issues identified by the strategy and which inform the CSR reporting framework, will include issues addressed by the Fairness At Work Report, for example, in relation to fairness at work specifically, but also working standards, training and capacity building equality and diversity, organisational reputation, etc.

D. Background papers

None

E. Contact details

Report author: Darren Bird & Simon Hockley, Human Resources Employment Relations, MPS

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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