Dip sampling of Employment Tribunal and Fairness at Work cases

Report: 10
Date: 13 September 2011
By: Chief Executive

Summary

This report sets out the current procedure for dip sampling Metropolitan Police Service (MPS) Employment Tribunal and Fairness at Work (FAW) cases by the Metropolitan Police Authority (MPA). It follows proposals outlined in the Association of Police Authorities (APA) guidance “Tackling discrimination: police authority oversight and scrutiny of grievance procedures and employment tribunals.”

A. Recommendations

1. That Members note the process and progress that has been made in respect of the MPA’s dip sampling of closed Employment Tribunal and Fairness at Work (FAW) cases.

B. Supporting information

Background

1. The MPA has a responsibility to secure the maintenance of an efficient and effective police service. As part of its fulfilment of that duty, the MPA has a responsibility for monitoring the way in which the MPS deals with Employment Tribunals and Fairness at Work (FaW) cases.

2. The Association of Police Authorities (APA) guidance entitled “Tackling Discrimination: Police Authority Oversight and Scrutiny of Grievance Procedures and Employment Tribunals” mainly dealt with establishing a protocol for the oversight role. The issues considered are at Appendix 1.

The internal Employment Tribunal process

3. As Members will know, on receipt of new employment tribunal claims, the head of the Employment Tribunal Unit and the relevant case manager make an assessment of the claim to consider whether there is any capacity for early resolution or intervention to resolve the case. If it is not possible at this early stage the cases are subsequently regularly reviewed.

4. Learning from Employment Tribunal cases is a key aspect to avoiding mistakes in the future and the introduction of the Performance and Learning Manager was an imaginative response to this issue. She works closely with the Employment Tribunal case managers to identify and draw out local and organisational learning. Good practice advice and learning is disseminated through the intranet site and there have been specific contributions to recruit training, leadership training and the review of MPS policies.

Issues arising from dip sampling

5. The first point to make is that on the basis of the Employment Tribunal files that have been dip sampled, the MPA can be assured that the MPS management of Employment Tribunal cases is exemplary. It is clear that care and attention is given to these cases, and that they are managed in a fair but robust manner.

6. From the Employment Tribunal cases that have been dip sampled in the last 12 months the main theme emerging continues to be the relationship between the line manager and a member of staff. There are any number of reasons for the problems which arise but for line managers these can be summarised as:

• The importance of good communication, particularly when implementing changes;
• The importance of personal clarity and understanding around HR policies, particularly appraisal and performance, e.g. assumptions have been made about what has been said or written but this is not necessarily a shared understanding;
• The importance of being consistent, and being seen to be consistent, in dealings with staff.
• Keeping written records of any concerns raised by staff and the actions taken, e.g. all too often individual line managers have not appreciated the importance of a one-to-one conversation.

The internal Fairness at Work (FAW) process

7. All MPS personnel may raise concerns about a variety of issues in respect of which they feel they have been treated unfairly by a manager or another member of staff. The FAW policy is not intended to apportion blame nor can it result in anyone being punished.

Issues arising from dip sampling

8. The first point to make is that FAW issues raised by staff are treated with a very high level of consideration and care. There are genuine attempts to take these issues seriously, to try to discover what is going wrong and what the individual is seeking by way of resolution.

9. From the FAW cases that have been dip sampled there are three ‘themes’ emerging. The first is the issue of timing with a significant number of cases extend beyond the time limits laid down in the policy, which can be frustrating for both the individual who raised the grievance and the other party or parties against whom the grievance is lodged.

10. The second is the number of occasions when the aggrieved has not been clear about the resolution he or she was seeking or what is being sought is someone being found ‘guilty’ for their behaviour or the action they have taken. The FAW advisers work conscientiously to try to find a resolution, invariably talking to all parties and trying to repair damaged working relationships. This means looking as much at the underlying reasons why the grievance was brought in addition to what the grievance was about.

C. Other organisational and community implications

Equality and Diversity Impact

1. Work undertaken by the MPA and MPS in furtherance of dip sampling protocol derives from recommendations of the Morris Inquiry and the APA guidance to ensure that Employment Tribunals and FAWs are handled in a fair, proportionate and timely manner.

2. The principal purpose of the dip sampling process is to provide the MPA with some assurance that these cases are handled properly and without bias.

Consideration of Met Forward

3. Although this report has no direct implications for the delivery of Met Forward, although arguably this would be considered a Met Standards issue.

Financial Implications

4. There no cost implications as a result of this report.

Legal Implications

5. There are no legal implications.

Environmental Implications

6. There are no environmental implications from this report.

Risk Implications

7. There are no direct risks associated with this report.

D. Background papers

• None

E. Contact details

Report author: Alan Johnson, MPA

For more information contact:

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

Appendix 1: Issues to be considered

There are naturally concerns expressed by the MPS about issues of confidentiality. Whilst the Authority has a statutory responsibility in respect of closed police discipline cases, there is not a similar responsibility in respect of closed Employment Tribunal or FAW cases. The Authority therefore needs to be quite clear about what it is looking for as part of this process, namely:

• What was the nature of the allegations?
• Were any managerial issues identified?
• How were the allegations handled?
• Were the allegations dealt with in a timely manner leading up to the conclusion of the grievance or leading up to the lodging of the ET application?
• Were the allegations dealt with in a timely manner after the lodging of the ET / FAW?
• What was the attitude/approach of the MPS during the process?
• Is there evidence that mediation or settlement was considered?
• Who ultimately made the decision which concluded/resolved the grievance or settled or fought the ET?
• Were MPS witnesses debriefed?

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