Review of the MPS grievance procedure

Report: 12
Date: 7 March 2002
By: Commissioner

Summary

The MPS has undertaken to review the existing grievance procedure as part of the People Strategy. The Human Resources Committee has requested a progress report in respect of this review. This report outlines the work undertaken by the MPS to improve the way in which grievances are managed in light of the compelling internal and external drivers for change. Although still at an early stage of development, a draft new policy is attached at Appendix 1 for the information of members.

A. Recommendation

Members are invited to note the contents of this report.

B. Supporting information

Introduction

1. As a part of the MPS People Strategy, the Service undertook to review its existing grievance procedure. Staff surveys had revealed a lack of understanding and confidence in the current system, which was perceived to be slow and ineffective. The MPS currently has more than 120 grievances and over 120 employment tribunals. Apart from the cost to the MPS in terms of compensation, there are also reputation and morale implications if cases are not managed appropriately and speedily. In addition, a number of internal and external drivers have reinforced the requirement for a fundamental review.

2. Ideally, a grievance procedure should provide an open and fair way for employees to make known their problems and enable grievances to be resolved quickly before they become major problems. Dealing fairly with staff concerns is the hallmark of a good employer, and, the Employment Bill to be introduced in April 2003 will impose further legal requirements in respect of grievance procedures. The MPS can anticipate the forthcoming legislative changes and introduce a revised procedure at a much earlier date.

External pressures

3 (a) The government (Department of Trade and Industry) undertook a ‘Routes to Resolution’ Consultation Process - towards the end of 2001, as part of an initiative to review the management of conflict in the workplace and to stem the increase in Employment Tribunals. Recommendations made regarding the conduct of grievances should be included in our practices.

3 (b) The Employment Bill contains proposals regarding the management of grievances, which will be enforceable by legislation from April 2003.

3 (c) The Race Relations (Amendment) Act 2000 places a specific requirement on the MPS in relation to employment matters including the management and monitoring of grievances.

3 (d) The Police Reform Agenda refers to ‘providing a basis for establishing a procedure that will apply to all forces’ (Section 6.60)

Internal pressures

4. Recent reports

4 (a) The Diversity Strategy (April 2000) Sir Herman Ouseley - Section 5.05 refers to concerns over the use of grievance procedures, their slowness and lack of confidence of black and ethnic minority staff in use of internal procedures

4 (b) The MPA sponsored Virdi Report (December 2001) - recommendation 2 requires the MPS to review its grievance machinery.

5. Views of staff

5 (a) Staff Survey 2000 Equal Opportunities

• Only 25% of staff feel they are treated with dignity and respect
• 56% of staff feel staff are treated differently according to their racial origin

5 (b) Performance Needs Analysis carried out in May 2001 by P10 Training Liaison Team - conducted a survey which revealed:

• A lack of knowledge of the grievance handling process
• Lack of confidence, experience, skills and ability of first line managers to deal with first stage grievances
• Lack of support for first line managers from their own management to help them deal or improve their skills

5 (c) Evaluation of the MPS Grievance Procedure in 2001 revealed:

• A lack of confidence/understanding in the existing procedure
• Victimisation fears.
• Current system slow.
• Lack of communication between all parties involved.
• General lack of support for everyone involved in the process.
• Current grievance, employment tribunal, and discipline procedures and protocols are not complimentary.
• The current system does not embrace mediation, or restorative principles.
• ‘Learning’ does not seem to be gleaned from experience.
• Most senior managers have not received any support or training in this area.

6. In summary, the drivers for change are considerable and, apart from the legal pressures on employers to review their conflict and resolution procedures, there is a determination from government that the police service will address its record in respect of grievance through the police reform agenda. The concerns of staff, expressed via surveys etc., are mirrored by a decrease in the use of the current MPS Grievance Procedure.

Current position

7. The MPS has undertaken a great deal of work in the past 12 months to develop improvements in grievance handling. After a wide-ranging internal and external consultation, a new grievance process has been drafted and endorsed in principle, at MPS ACPO/Director level. The HR Directorate is now embarking on a consultative exercise to refine the policy and procedures. This is being progressed with the assistance of an external consultant, Sue Harper, who worked with the MPA on the Virdi inquiry.

8. A small focus group of practitioners has already met to discuss the core elements of the new procedure and a meeting of the Equal Opportunities Consultative Steering group, which will be the main focus for internal consultation, has been arranged for late February. Further consultation will be taking place with Independent Advisory Groups. The police staff associations and trade unions will continue to be fully involved in the consultative process.

9. The proposed new procedures will now incorporate an informal stage designed to encourage early local resolution. The formal stages of the procedures will be reduced to two, from the existing three, and a Grievance Manager, who has no previous knowledge of the case, will be appointed to review the circumstances. A new post entitled Grievance Appeal Manager will be created to oversee any appeals and to appoint Appeals Advisors. Tight timescales will be applied to both stages of the procedure. Although it is still the subject of consultation, an early draft of the new grievance procedure is attached at Appendix 1.

10. A further update report will be submitted to the MPA HR committee in due course.

C. Financial implications

If adopted the new procedures will create a new post of Grievance Appeal Manager. There will also be a training investment to familiarise Grievance Managers and Appeals Advisors with the new procedures. The cost of these initiatives will be contained by the identification of compensating savings within existing resources.

D. Background papers

None.

E. Contact details

Report author: Michael Shurety, MPA, 020 7230 0684

For information contact:

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

Appendix 1: Metropolitan Police Service

1. Purpose of the policy

The MPS is trying hard to improve the way staff are managed. The Fairness at Work Procedure has been introduced to encourage staff who are unhappy abut the way they have been treated at work to raise the matter without fear of recrimination and to explore ways to find a solution. It does not promise a satisfactory outcome for everyone but it does offer every member of MPS staff the right to have their concerns examined by an impartial process.

2. An overview of the process

2.1 Use of the Fairness at Work Procedure
Any member of MPS staff can use this procedure if they consider that a colleague, manager or another member of staff has treated them unfairly whilst at work. It should not, however, be used when the concern arises from the use of a policy which has its own appeal process.

2.2 The Importance of Raising Matters early (informal stage)
Most routine problems are best resolved informally, in discussion between the member of staff and their line manager. Staff are encouraged to consider this approach at the earliest opportunity. If the formal process is invoked it will explore how effectively this initial action was managed.

2.3 The Formal Process
The procedure is commenced when the person who believes they have been unfairly treated (the Originator) completes a form. Both stages of the formal process are recorded in writing.

Stage 1. A grievance manager (a manager who has received training in the policy and has no previous knowledge of the case) will review the circumstances. If the Originator is not satisfied with the outcome, they may appeal.

Stage 2. The appeal will be carried out by an appeal advisor (a more senior manager with no previous knowledge of the case). If this procedure is exhausted at the end of the appeal stage, any further concerns will only be progressed via external action (e.g. Employment Tribunal if applicable).

A new post of grievance appeal manager will oversee the Fairness at Work Procedure. This post will be based in the Equal Opportunities and Grievance Advice Unit. The responsibility of this manager will be to ensure that the procedure is used effectively, to provide advice on its application and to ensure that senior officers are alerted in the event that problems are identified with policies or individual members of staff.

2.4 Confidentiality
All cases should be dealt with in confidence or within the boundaries agreed by all parties concerned.

2.5 Support
All parties involved in the procedure have the right to consult and be accompanied by a member of a staff association, trade union or another serving member of the MPS (including other support associations).

2.6 Timescales
Each step should take place quickly, ideally within 14 days. It is recognised, however, that there may be operational reasons why this cannot be achieved but the originator and person complained about (the subject) must be kept informed and agree with the reason for any delay.

2.7 Interface with disciplinary issues
It is possible that a case could involve circumstances considered criminal or as serious/gross misconduct. In this eventuality, the Originator will be encouraged to make a formal complaint that may be investigated under misconduct/disciplinary procedures. Whilst the wishes of the Originator will be fully considered in such an eventuality, the final decision will rest with the Manager.

The Fairness at Work Procedure will run concurrently during a Disciplinary or Misconduct Investigation.

2.8 Records
All documentation arising from the use of this policy will be retained by the Grievance Advice Manager in accordance with the principles contained in the Data Protection Act 1998.

Information will be analysed and reported internally (and externally in accordance with the Race Relations (Amendment) Act 2000). All personal details of Originators and Subjects will be removed for this purpose.

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