Fairness at Work (FAW) cases (Yearly Report - Period 1 April 2010 - 31 March 2011)

Report: 9
Date: 13 September 2011
By: Deputy Assistant Commissioner on behalf of the Acting Commissioner

Summary

This report contains management information and 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 01 April 2010 to 31 March 2011. Trends and data are compared against the corresponding period in 2010. The report provides an update on the use of the MPS Mediation scheme. This report also contains an update on learning captured and implemented through the FAW process.

A. Recommendations

That members note the report.

B. Supporting information

1. The Fairness at Work Policy is overseen by the Deputy Commissioners Portfolio, Practice Support Team (PST). A dedicated team within the PST advise on conflict management (including FAW and mediation) and oversee the implementation of recommendations and outcomes of individual FAW cases. 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 reporting period 01 April 2010 to 31 March 2011 there were 301 recorded FAW cases. In the corresponding period 01 April 2009 to 31 March 2010 there was a total of 257 cases.

3. Averaging 21.4 cases per month, this figure represents 0.57% of the total workforce lodging FAW concerns.

Profile of staff initiating the FAW process

4. Police staff (including Police Community Support Officers) make up 33% of the workforce strength. During the reporting period 01 April 2010 to 31 March 2011, they accounted for 45% (136 cases) of all FAWs raised. During the corresponding period 01 April 2009 to 31 March 2010 they accounted for 56% (145 cases) of all cases.

5. Police officers make up 64% of the workforce strength. During the reporting period 01 April 2010 to 31 March 2011, they accounted for 54% (163 cases) of all FAWs raised. During the corresponding period 01 April 2009 to 31 March 2010, they accounted for 43% (111 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 currently taking place within the MPS are directly affecting members of police staff.

Diversity information

Gender

7. Female police officers represent 24.6% of the total number of police officers. During the reporting period 01 April 2010 to 31 March 2011 female police officers accounted for 15.2% (46 cases) of the total number of cases raised. During the corresponding period 01 April 2009 to 31 March 2010 they accounted for 10.5% of all FAW cases raised.

8. Female police staff represent 52% of the total number of police staff. During the reporting period 01 April 2010 to 31 March 2011 female police staff accounted for 36% (109 cases) of the total number of cases raised. During the corresponding period 01 April 2009 to 31 March 2010 they accounted for 43% of all FAW cases raised.

Ethnicity - Police officers

9. Black and minority ethnic police officers represent 9.3% of the total police officer workforce. During the reporting period 01 April 2010 to 31 March 2011 they accounted for 8% (25 cases) of the total number of cases recorded. During the corresponding period 01 April 2009 to 31 March 2010 they accounted for 7% (18 cases) of the total number of cases recorded.

Ethnicity - Police staff

10. Black and minority ethnic police staff represent 24.6% of the total police staff workforce. During the reporting period 01 April 2010 to 31 March 2011 they accounted for 14% (43 cases) of the number of police staff cases recorded. During the corresponding period 01 April 2009 to 31 March 2010, they accounted for 21% (54 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 taken place with local Senior Management Teams (SMT) to advise them on the local management of FAWs.

Timeliness

14. During the reporting period 01 April 2010 to 31 March 2011 FAW Stage 1 cases took an average of 78 days to complete. During the corresponding period 01 April 2009 to 31 March 2010, FAW Stage 1 cases took on average 65 days to complete. Although this reflects a slight increase in the time taken to complete cases, since the introduction of the Practice Support Team in late 2005, Stage 1 case completion times have decreased from over 90 days.

15. During the reporting period 01 April 2010 to 31 March 2011, completion of Stage 2 FAW cases took on average of 72 days. During the corresponding period 01 April 2009 to 31 March 2010, FAW Stage 2 cases took on average 73 days to complete.

Categories of cases

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

• Behaviours/Actions/Decisions by line managers
• MPS policies
• Postings/Transfers

17. Together the above categories account for 67% of all FAWs lodged during the reporting period.

18. The behaviours/actions/decisions by line managers remain the highest attributable category for raising a FAW. This is to be expected as the FAW process is specifically designed to allow individuals to raise concerns about how they perceive they are being treated within the MPS.

19. Postings and transfers also remain a common FAW theme. The major change programmes and subsequent organisational restructuring, has had an impact on the increased number of FAW cases raised.

Case outcomes

20. Of the 246 FAW cases that closed during the reporting period 20% (50 cases) were successfully concluded at Stage 1 of the process, with the originator satisfied that their concerns had been fully investigated and addressed.

21 NB: The 50 cases represent those that were satisfied with the process and outcome, those locally resolved, and those where mediation successfully resolved the concerns.

22 During the corresponding period in 2009, 256 FAW cases were closed 23% (59 cases) successfully concluded at Stage 1.

23. During the reporting period 48% (12 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 2009 this compared to 54% (14 cases).

24. During the reporting period 37% (112 cases) were closed down by Practice Managers as not appropriate for the FAW process. During the corresponding period in 2009 this compared to 30% (76 cases). Although recognising the right of staff to access the FAW procedure, the Practice Support Team is continuing to take a robust approach to determine whether matters raised are appropriate to be considered under the FAW policy.

Mediation

25. Managed by the 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.

26. During the reporting period there were 21 cases where mediators were deployed. During the corresponding period in 2009 there were 26 cases. This represents a decrease of 5 cases where mediation has been used. Critically mediation was considered to be successful in 85% of all cases. This reflected a 5% increase in successful outcomes compared to the previous year. There was no further recourse to FAW or an Employment Tribunal sought by the originator in these cases.

27 In July 2011, the MPS mediation scheme has been short listed for a prestigious Personnel Today award for ‘innovation in dispute resolution’. This external recognition positively reflects the MPS continued commitment to build and maintain a satisfied and motivated workforce in a challenging policing environment.

Building capability

28. 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 two recent examples of where learning has been captured and successfully implemented.

a. In one case a FAW recommendation prompted the establishment of a strategic oversight group. This structure will now be used in all future cases where there is a need to consider home working and where Occupational Health implications exist.

b. A Standard Operating procedure is being revised to reflect the need for timescales to be set for making reasonable work place adjustments in cases of disability. This will assist line managers and the Occupational Health Department in ensuring that these adjustments are delivered for staff in a timely manner.

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.

Financial implications

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

Legal implications

3. There are no adverse legal implications arising from the report.

Environmental implications

4. There are no environmental issues raised by the report.

D. Background papers

• None

E. Contact details

Report authors:

• Darren Bird, Assistant Director Deputy Commissioners Portfolio
• Simon Hockley, Practice Manager

For more information contact:

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

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