Lessons learnt from MPA Employment Tribunal case

Report: 13
Date: 27 September 2007
By: Chief Executive

Summary

The purpose of this paper is to outline the recommendations and progress made in relation to the lessons learned from the decision of an Employment Tribunal in a case brought against the Authority.

A. Recommendations

That members:

1. note the report.
2. endorse the MPA Senior Management Team’s (SMT) response to the recommendations made in the action plan. 

B. Supporting information

Background

1. In September 2006, the Chief Executive and the Deputy Chief Executive and Solicitor to the Authority commissioned an internal task group to examine the lessons to be learned from an Employment Tribunal case and decision brought against the MPA by a member of staff seconded to the MPA from the Metropolitan Police Service.

2. At Co-ordination and Policing (CoP) Committee of 7 December 2006, members approved this approach and the timetable originally scheduled for completion and report back to members by 1 February 2007.

3. The report has been delayed for a number of unavoidable reasons, including an initial underestimate of the scale of the task.

4. All those involved with the review, including the union, (Public and Commercial Services (PCS) who worked closely with the task group), the SMT and the members of the task group acknowledge that it is disappointing that the original timescales could not be met. However all parties agree that it was better and fairer to all participants, and in the Authority’s best long-term interests, to produce a measured and quality product that covers all the substantive issues arising from this case. This did not, of course, constrain the MPA SMT from taking action to address any immediate gaps in process identified as the work progressed, and this was done.

5. The report and the activities underpinning was completed on top of existing day-to-day duties of task group members and there are key lessons to be learned in how the Authority approaches such an task should it be repeated in the future (see section E, ‘Financial Implications’).

The Employment Tribunal case and decision

6. In this case, the claimant submitted five claims of sex and race discrimination to the Employment Tribunal. In reaching its decision, the Tribunal found in favour of the employee on one element of her claim and dismissed the remaining four elements. The finding that the Authority had discriminated against the employee on racial grounds related to the way that the organisation dealt with her absence from work on health related grounds and her return to work.

Key elements of the review

7. This is the first time that the MPA has conducted such an internal review. The terms of reference for the review were:

“To review the MPA's policies, processes and practices, actions and inactions (including processes that develop in the absence of policies) as necessary in the light of this ET case and the judgement of the Tribunal; and to make recommendations to support organisational and individual learning, training and development.”

Key findings of the review

8. The task group identified 22 recommendations. These cover the areas of:

• Human Resources
• Management of secondments
• MPA professional standards organisational structure and reporting lines
• Management of sickness absence
• Recruitment and selection
• Handling of grievances
• Management training and development
• Duty of care
• Management of employment tribunals

9. Some of MPA SMT’s responses to the identified recommendations have been overtaken by events and activities within the MPA Improvement Programme; others will need to be revisited, as the MPA’s Human Resources Unit has now been reviewed and is in the process of restructuring.

The task group report

10. The task group report is divided into two sections:

• Section A, contains the executive summary, the recommendations and the action plan. This is attached as Appendix 1; and
• Section B, at exempt agenda item 20, which contains the full Report. Members may wish to conduct all discussion on this report during the exempt part of the agenda to maintain confidentiality about the identity of individuals.

C. Conclusion

1. The key findings of the task group report have been shared with MPA staff generally and individually with those closely involved in the case itself. MPA SMT is in the process of responding to issues raised by staff and identifying a way forward to the questions and concerns raised. The Senior Management Team wish to put on record their appreciation of the commitment, energy, time and expertise the members of the task group, led by Laurence Goldbourne, devoted to this extensive and very constructive review.

D. Race and equality impact

1. The lessons learned from this case have a significant impact on how line managers within the MPA are inducted, trained and supported on issues such as sickness absence, performance management and dealing with confrontational issues. All of the above have equality and diversity issues, particularly in relation to employment in such areas as managing staff and providing clear and timely advice and support for managers and supervisors.

2. Undertaking this review assists the MPA to meet its legal obligations under the Race Relations (Amendment) Act 2000 in relation to reviewing and assessing, consulting and monitoring. In addition, the review will inform key elements of the MPA Improvement Programme (for example, the Leadership and Management Development Programme), as well as help the Authority demonstrate its progress and commitment towards meeting the Equality Standard for Local Government (ESfLG) and achieve one of its key corporate equality objectives, that being ‘To ensure that the MPA’s internal equalities practices and performance are fully compliant with legislative requirements and good practice’.

E. Financial implications

1. There are no direct financial implications arising for the MPA from this report. The total cost of this case including damages and counsel fees was £40,043. However, there may be financial implications for the MPA as it seeks to enact and progress any recommendations emerging from the review.

2. The task group notes that there were considerable opportunity costs generated from time spent by key staff members in preparing, planning and contesting this case. This is in addition to the opportunity costs over the past year generated by task group members in undertaking this review.

F. Background papers

• CoP report No 17 (December 2006)
• Task Group Report (September 2007)

G. Contact details

Report author: Catherine Crawford, Chief Executive and Laurence Gouldbourne, Head of Equality & Diversity Unit, MPA.

For more information contact:

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

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