Internal equal opportunities in the MPA secretariat

Report: 18
Date: 1 May 2003
By: Clerk

Summary

This report proposes that a small sub-group of the Board be set up to examine the effectiveness of the MPA’s internal grievance and complaints system with special reference to the requirements of equal opportunity policies and to make recommendations for future monitoring of its operation by this Board.

A. Recommendation

That the Board agrees to establish a small sub group to look into the process for addressing internal equal opportunities matters and to make recommendations.

B. Supporting information

1. This Board has, within its terms of reference, the responsibility to lead on all issues relating to equal opportunities and diversity within the MPA and the MPS. This includes:

• To ensure that the MPA meets its statutory responsibilities under all relevant anti-discrimination legislation; and to monitor the MPS's response to this legislation.
• To consider and advise on the equalities and diversity implications of major policy proposals and initiatives.
• To keep under review the Authority's equal opportunities statement and strategies which put this statement into practice

2. The specific processes that the Board needs to discharge these responsibilities are still to be finalised. Two separate recent incidents, both raising equal opportunity concerns. have highlighted the need for regular monitoring of the operation of the internal grievance and complaints procedures in respect of equal opportunities. The role of the Board, within its terms of reference, is to quality assure the procedures, in much the same way as the Professional Standards Committee has a duty to oversee the complaints system within the Metropolitan Police Service (MPS).

3. A copy of the relevant chapter of the Staff Handbook, setting out the grievance procedures, is attached at Appendix 1. These procedures apply to the Secretariat and Internal Audit: they reflect the same principles as the MPS grievance procedure “Fairness at Work”, but differ in detail and are freestanding. There is a role for members at the final stage of a formal grievance, but no provision for monitoring the operation of formal and informal grievance actions.

4. Members may wish to consider setting up a small member/officer group to make recommendations about how best this monitoring role might be fulfilled, and to bring recommendations for further consideration by this Board at a subsequent meeting. The Human Resources Committee also has an interest in the operation of personnel practices more generally in the MPA and the membership of the group might with advantage reflect this.

C. Equality and diversity implications

The MPA has a statutory responsibility to ensure that its internal processes are transparent and sufficiently rigorous to deal with all matters of discrimination. Actions arising from this report will enable this responsibility to become more transparent to its staff, stakeholders and members of the public to whom it is accountable.

D. Financial implications

There are no direct financial implications associated with this report.

E. Background papers

• MPA Equal Opportunities Policy
• MPA Race Equality Scheme

F. Contact details

Report author: Julia Smith and Catherine Crawford

For more information contact:

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

Appendix 1: MPA grievance procedure

Introduction

The efficient and fair handling of staff grievances at work can contribute significantly to the creation and maintenance of good industrial relations. Sensitive handling by management can in some cases avoid minor problems turning into major disputes.

A grievance may be invoked by individual members of staff who feel aggrieved about the way they have been treated either by management or by their colleagues. The grievance procedure is intended to resolve issues as quickly as possibly and not to establish guilt or provide punishment,

Employees are entitled at any time to take up a grievance themselves or to ask a trade union official or work colleague to represent them. They also have the right to be accompanied at any meeting they attend as part of the procedure.

The procedure

Stage 1

1. Employees should raise the grievance informally with their line manager or, if this is not appropriate, another manager. The details of the grievance may be made either verbally or in writing (although it can help to clarify the issue if the grievance is written down). The aggrieved must indicate the resolution being sought. A grievance cannot be invoked as a means of making a counter-allegation against a discipline charge or if there is another appeals procedure (e.g. if the grievance concerns a personnel or other process for which an appeals procedure already exists).

2. Should the grievance relate to the conduct of a colleague, then that colleague will be notified of the terms of the grievance and have an opportunity of being heard.

3. The appropriate manager will interview the aggrieved and any other parties to the grievance. The aggrieved and any other party may be accompanied by a trade union representative or work colleague. The manager will consider the grievance and try to resolve it. He or she must decide whether or not to uphold it, giving his or her response within a period of seven working days.

Stage 2

4. If the matter is not resolved at Stage 1 or the employee is not satisfied with the response and wishes to take the matter further, he or she must put the grievance in writing to the Clerk or Treasurer (as appropriate). This should set out the resolution which is being sought.

5. The grievance will be considered by the Clerk or Treasurer who will acknowledge receipt within three working days and will deal with it within twenty-one working days of receipt of the grievance.

6. The Clerk or Treasurer, or someone designated to deal with the grievance on his or her behalf, will investigate the grievance The decision of the Clerk or Treasurer will be confirmed in writing.

Stage 3

7. Where the employee remains aggrieved and the grievance cannot be resolved, he or she will request the HR Adviser to refer the grievance to a Members panel. This request will be acknowledged within three working days. Every effort will be made to convene the Members panel as speedily as possible. The Members panel will consist of three people, assisted by the HR Adviser. The aggrieved and any other party to the grievance may be accompanied by their trade union representative or a work colleague.

8. The Members panel may interview the aggrieved and any other parties to the grievance. The decision of the Members panel is final.

Time scales

9. If at any of the stages the grievance is not dealt with within the agreed timescales, the individual managing that stage of the grievance procedure must inform the aggrieved in writing of the progress of the grievance and the reason for the delay. The time limits may be altered by mutual agreement.

Grievance procedure – summary

Grievance panel hearing

The Members panel for hearing grievances should normally be a panel of HR committee members. However, any Member who may directly or indirectly be involved in a particular grievance action should not be part of the panel hearing that grievance.

The aggrieved and the alleged perpetrator will be expected to exchange any documents relating to the grievance no later than ten working days in advance of the hearing.

The aggrieved and the alleged perpetrator may be represented at the hearing by a trade union representative official or work colleague. If the representative of the aggrieved or the alleged perpetrator is presenting the case to the panel, the aggrieved or alleged perpetrator will only address the panel if he or is asked by the panel to do so.

The panel will be advised by a member of the HR team, who will also outline the grievance and the action taken to resolve the grievance.

The procedure

The chair of the Members panel will introduce those present and outline the procedure for the hearing.

The HR Adviser will outline the grievance

The aggrieved will explain why he or she feels aggrieved and call any witnesses.

Members may ask questions.

The alleged perpetrator will answer the grievance, outlining the action or issue which led to the grievance and call any witnesses. Members may ask questions.

The panel will retire to reach a conclusion. This will normally be on the basis of one of the following:

1. No basis for grievance.
2. Grievance partially justified.
3. Grievance upheld

If the panel’s conclusion is (a ), the grievance is treated as resolved.

If the panel’s conclusion is (b) or (c), it will make a specific recommendation to the Clerk or Treasurer.

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