Fairness at work

Report: 7
Date: 12 March 2009
By: Director of Human Resources on behalf of the Commissioner

Summary

This report to the MPA Communities, Equalities and People Committee contains management information and performance analysis in respect of the Fairness at Work Policy (FAWP). It provides statistical data in respect of matters raised through Fairness at Work (FAW) and concentrates on cases submitted during the six month period from 01 August 2008 to 31 January 2009. Previously, this six-monthly report was submitted to the MPA Professional Standards Committee.

Trends and data are compared against the corresponding period 01 August 2007 to 31 January 2008. Notably, this report highlights the positive progress being made to fully implement the MPS Mediation scheme. The MPS Mediation scheme is a method of resolving workplace disputes and, when successful, it negates the need to deal with matters through FAW.

This report also contains an update on individual, local and organisational learning captured and implemented through the FAW process.

A. Recommendation

That Members note the report.

B. Supporting information

1. The Fairness at Work Policy is overseen by the Human Resources Practice Support Team (PST). A dedicated team within the PST advise on conflict management (including mediation) and oversee the implementation of recommendations and outcomes of 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 6 month period 01 August 2008 to 31 January 2009 there were 104 recorded FAW cases. In the corresponding period 01 August 2007 to 31 January 2008 there was a total of 109 cases.

3. Now averaging 17 cases per month, this figure represents a 4.6% decrease in the number of FAW cases received. Organisationally this figure represents 0.2% of the total workforce lodging FAW concerns.

Profile of staff initiating the FAW process

4. Police staff (including Police Community Support Officers) make up 36.5% of the current workforce strength (Workforce Data Dec 08). During the period 01 August 2008 to 31 January 2009 they accounted for 37.5% (39 cases) of all FAWs raised. During the corresponding period 01 August 2007 to 31 January 2008 they accounted for 44.9% (49 cases). This shows a 20% reduction on the previous year.

5. Police officers make up 63.5% of the current workforce strength (workforce data Dec 08). During the period 01 August 2008 to 31 January 2009 they accounted for 62.5% (65 cases) of all FAWs raised. During the corresponding period 01 August 2007 to 31 January 2008 they accounted for 55% (60 cases). Although this highlights an increase in the overall numbers of FAW cases raised by police officers, the number of cases in comparison to police staff is proportionate to the overall workforce strength profile.

6. During the reporting period of 01 August 2008 to 31 January 2009, there was a 7.7 % increase (5 cases) as a proportion of the total number of cases raised by senior officers (Chief Inspector – Chief Superintendent). There were no cases raised by this senior officer group during the corresponding period 01 August 2007 to 31 January 2008. Although the PST is monitoring this trend, it nevertheless is encouraging to see that senior managers have confidence in using the FAW process to resolve workplace disputes and this sends out a positive message to the rest of the workforce regarding the credibility of the FAW process.

Diversity information

Gender – female black and minority ethnic police staff

7. Female black and minority ethnic police staff represented 13.9% of the total police staff, (Workforce Data Dec 08). During the reporting period 01 August 2008 to 31 January 2009 female black and minority ethnic police staff accounted for 20.5% (8 cases) of the total number of cases recorded. During the corresponding period 01 August 2007 to 31 January 2008 they accounted for 14.3% (7 cases). Although a statistical increase, this reflects an increase of a single case.

Gender – female white police staff

8. Female white police staff represented 39.1% of the total police-staff workforce, (workforce Data Dec 08). During the reporting period 01 August 2008 to 31 January 2009 they accounted for 23.1% (9 cases) of the total number of FAW cases recorded. During the corresponding period 01 August 2007 to 31 January 2008 they accounted for 48.9% (24 cases) of the total number of police staff cases recorded. This highlights a significant reduction of 62.5%. The PST have analysed the cases within this area to ascertain whether there are any specific reasons for this reduction. Our analysis has shown that the concerns raised during both periods are not gender specific and reflect similar concerns raised by their male colleagues.

Ethnicity

Police officers

9. Black and minority ethnic police officers represented 8.6% of the total police officer workforce, (Workforce Data Dec 08). During the reporting period 01 August 2008 to 31 January 2009 they accounted for 16.9% (11 cases) of the total number of police officer cases recorded. During the corresponding period 01 August 2007 to 31 January 2008 they accounted for 25.1% (15 cases) of the total number of police officer cases recorded. Although as a group black and minority ethnic police officers are still over represented, there has been a 26.7% reduction in the number of FAW cases recorded during the latest reporting period.

Police staff

10. Black and minority ethnic police staff represented 25.1% of the total police-staff workforce, (Workforce Data Dec 08). During the reporting period 01 August 2008 to 31 January 2009 they accounted for 41% (16 cases) of the total number of police staff cases recorded. During the corresponding period 01 August 2007 to 31 January 2008 they accounted for 26.5% (13 cases) of the total number of police staff cases recorded. Although a statistical increase, this reflects an increase of three cases overall.

Disproportional impact

11. The PST continues to closely record and monitor all FAW cases. Although within areas there has been some over representation amongst specific groups, no significant trends or patterns in respect of particular groups have emerged that cause concern to require 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 originators 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. For this report there have not been any specific OCU’s that have required targeted intervention.

Timeliness

14. During the reporting period 01 August 2008 to 31 January 2009, completion of Stage 1 FAW cases took on average 66 days. During the corresponding period 01 August 2007 to 31 January 2008 FAW Stage 1 cases took on average 68 days to complete. This continues a significant downward trend in Stage 1 FAW completion timescales. Since the establishment of the PST in late 2005, whom assumed management of the FAW process, average Stage 1 FAW completion timescales have reduced from over 90 days.

15. During the reporting period 01 August 2008 to 31 January 2009, completion of Stage 2 FAW cases took on average 84 days. During the corresponding period 01 August 2007 to 31 January 2008 FAW Stage 2 cases took on average 63 days to complete. The Practice Support Team has to exercise professional judgement on the validity and appropriateness of allowing appeal cases received to proceed. However, following observations from Employment Tribunals and advice from the MPS Legal Services it was agreed that individuals in most cases should be allowed to exhaust the full FAW process. Having followed these observations there has been an increase in FAW caseloads. Initially the dedicated advisor team absorbed this increase. But recognising the medium–term impact that this was having on timescales, the PST have identified and developed a number of senior staff to undertake Stage 2 Appeals. It is envisaged that initiative will reduce Stage 2 timescales.

Categories of cases

16. Line management action, actions by colleagues and local policies/protocols are the three single highest causal factors for members of staff raising FAW concerns. The PST continue to work with the MPS Leadership Academy to ensure that ongoing training and development for line managers addresses these issues. In addition the move to a Service Centre Human Resource function through the Transformation of Human Resources (THR), is hoped will enable there to be a greater consistency of policy application locally, and a reduction in the number of FAW concerns raised for these policy / protocol matters.

Case outcomes

17. During the reporting period 01 August 2008 to 31 January 2009 52% (34 cases) were successfully concluded at Stage 1 of the process, with the originator satisfied that their concerns had been fully investigated and addressed. During the corresponding period 01 August 2007 to 31 January 2008 this compared to 39% (31 cases). This represents an improvement of 9.7% in successful conclusion at Stage 1. This improvement can in part be attributed to the ongoing development and training delivered by the PST to FAW local advisors. Also improvements can be attributed to the increased quality assurance by the PST of FAW reports prior to completion.

18. During the reporting period 01 August 2008 to 31 January 2009 30% (6 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 01 August 2007 to 31 January 2008 this compared to 36% (4 cases). This reflects a slight percentage decrease.

19. Although the Stage 2 data reflects a lower level of satisfaction than at Stage 1, a large proportion of this percentage can be attributable to Originators wanting to raise their concerns at an Employment Tribunal. A requirement for police staff, and often recommended for police officers, is to exhaust the MPS internal FAW mechanism prior to cases being heard at an Employment Tribunal.

20. The PST adopt a monitoring system to record the outcomes of FAW cases in relation to organisational and local learning. The support staff within the PST regularly contact local HR units post FAW completion to ensure that recommendations made within FAW reports and learning outcomes have been implemented. If they have not local managers are contacted and business justification is sought for any failure to comply.

Building capability

21. The Practice Support Team hold at least one annual event with its cadre of MPS FAW advisors. These events are used as an opportunity to share best practice, be provided with up to date dispute resolution legal advice and meet with the dedicated FAW team.

22. In Nov 2008 the PST was an integral part of a ‘showcase’ team at the Human Resources Annual Conference. At this event, the PST facilitated a powerful and well-received session where FAW originators & subjects from different cases, shared their personal experiences of being involved in disputes from different perspectives within the FAW process.

23. The PST continue to produce a regular newsletter. This newsletter provides information, advice and updates on issues including FAW and Mediation.
MPS Mediation.

24. In order to improve the resolution of workplace issues and disputes, the Human Resources Directorate during 2007/2008, piloted a Mediation scheme. Specifically, during this pilot phase an external provider was recruited to formally train fifty members of selected MPS staff over a 5-day intensive training period.

25. Having evaluated the pilot programme, and based upon its early success, it was agreed that Mediation would be formally incepted within the MPS and used in conjunction with the FAW process as part of active conflict resolution.

26. Now managed by the HR PST, 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.

27. Although it is still very early within the scheme to evaluate its impact, positively between 01 Oct 08 – 31 Jan 09 there were 20 requests for the services of a mediator compared to 5 requests during the corresponding period 01 Oct 07- 31 Jan 09.

28. To further publicise the Mediation scheme the PST is running an event during April 09 for its team of mediators. This event will be used to keep mediators skills up to date, share best practice and identify further development needs. This event will also be used to launch a Mediation pamphlet aimed at informing and educating staff across the MPS of the scheme.

Learning logs

29. 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 and identified timescale for implementation. As part of the auditing process the PST monitors the recommendations with the agreed owner and ensures full compliance.

30. Highlighted below are recent examples of where individual, local and organisation learning has been captured and successfully implemented.

31. Individual Learning – Several cases have been processed whereby individuals have been perceived as being overbearing. Where behaviour is considered to be overbearing but not disciplinary, the individual is seen by a line manager and the MPS Values and Behaviours are revisited to remind them of their responsibilities as effective members of the MPS.

32. Local Learning – Protocols are being introduced within two OCUs linked to the Work-life Balance and Flexible Working policy. Specifically, these OCUs are putting in place measures and protocols including dip sampling of flexible working requests, ensuring that there is greater consistency of decision-making and policy application. The PST is currently working with the MPS Flexible Working Co-ordinator and the Transforming Human Resources Team to promulgate this best practice across the MPS.

33. Organisational Learning - The PST team are working with the Leadership Academy who have responsibility for the ongoing development of 1st and 2nd line managers. Here work is being currently developed to ensure that there is greater understanding amongst these groups around the condition, management and ‘reasonable adjustments’ required for staff who are dyslexic.

C. Race and equality impact

The FAWP is complementary to the 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.

D. Financial implications

There are no specific financial considerations arising from this report.

E. Background papers

None

F. Contact details

Report author(s): Darren Bird - Assistant Director, Leo Daly - HR Practice Support Manager, Simon Hockley - HR Practice Support Manager, MPS

For information contact:

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

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