Employment Tribunals

Report: 9
Date: 8 January 2004
By: Commissioner

Summary

This is the regular six monthly report to the HR Committee containing management information and performance analysis on employment tribunal claims brought against the Commissioner.

A. Recommendation

That the report be noted.

B. Supporting information

1. Six monthly reports are provided to the HR Committee providing statistical data and analysis regarding MPS performance in terms of employment tribunals (ETs) brought against the Commissioner. This report provides data covering the first half of the current financial year i.e. to 30 September 2003. On 5 May 2003 Fairness at Work was launched, a new internal policy designed to provide a route to resolution for personnel with issues of concern. This replaced the MPS Grievance Procedure. HR Directorate now reports to the HR Committee on Fairness at Work policy and issues. ETs remain the responsibility of the Directorate of Professional Standards (DPS).

2. DPS is responsible for the management of a range of claims against the MPS, including ETs, civil actions and accident claims. It has been agreed with the respective chairs that the MPA Professional Standards Committee will be in regular receipt of comprehensive information on risk exposure and the financial implications arising from claims. The Professional Standards Committee will also monitor individual cases. The HR Committee will receive analysis and data to enable it to consider trends, policy and management issues.

New and on-going employment tribunal claims

3. The number of new ET cases lodged against the Commissioner is decreasing (appendix 1). The average number of new claims received per quarter in 2001/02 was 26. The average for the year 2002/03 was 22. The average for the current year after the first six months is 14, a reduction of 46% since 2001/02 (appendix 2). In a similar vein, the total number of current ETs is also showing a decrease. In September and December 2002, the total number of current cases reached 162. In September 2003, the total was down to 130 current cases, a reduction of 20%.

Ranks and bands of personnel bringing ETs

4. Data is provided for the current financial year to 30 September 2003 and for the financial year 2002/03 based on cases notified to DPS in these periods. The data is presented in different formats due to the changes to police staff designations following the Hay Review. As might be expected the largest groups of personnel by rank or band are those represented in the greatest numbers in the MPS i.e. police constables and administrative staff. At present, there are no claims from PCSOs (appendix 5 and 6).

Diversity information

5. Diversity information is provided for those pursuing ETs for the first half of the current financial year and the financial years 2002/03 and 2001/02. There appears little variance in the representation of the various groups from year to year. White staff (the majority group) bring the majority of ET claims (75%, 60%, 62.5%). Females have in the past accounted for slightly more than half of ETs being pursued (52.8% in 2002-3 and 54.8% in 2001/02). However, recently the number of claims being brought by males has climbed to 57%. These figures should be considered against the overall representation of minority ethnic groups within the MPS of 5.93% for police officers and 19.40% for police staff. 17.37% of police officers are female as are 59.08% of police staff (appendix 7).

Timeliness

6. Information on the length of time ETs take to reach a conclusion is included in this report for the first time. Data has been provided for the financial year 2002/03 and for the first half of the current financial year. A significant number of cases take more than 400 days to reach a conclusion and the proportion of cases taking this length of time to conclude is increasing. The impact of the non-MPS cases of Liversidge and Baskerville is reflected in delays occurring in certain cases progressing through the tribunal process due to appeals and the tribunal fixing ‘bulk’ hearings of similar cases. However, it must be emphasized that many factors contribute to the time involved in a claim progressing. These may include the availability of tribunal time to hear a claim as well as the sometimes lengthy processes needed for parties to fully particularise claims, provide responses, communicate with clients before responding to communications etc. Already even short hearings are being listed for the middle of 2004 due to lack of tribunal availability. It is by no means unusual and may not indicate any unreasonableness on anyone’s part that even a relatively straightforward tribunal application may take more than a year to conclude. Research previously conducted in this unit found that on average withdrawals by applicants did not take place until nearly one year after a case had been lodged (appendix 8 and 9).

Location

7. Information has been analysed on the basis of ETs notified in 2002/03 and for the first six months of 2003/04 by location of the party making the claim. HR Directorate is shown as having a high number of ETs. The explanation for this is that all personnel on secondment from the MPS are recorded under HR as are all claims brought by members of the public concerning recruitment issues. There are no other significant features in terms of location.

Settlements

8. An examination of ET outcomes for 2001/02 reveals that eighteen cases were settled for the total sum of £129,573.60. In 2002/03 a total of £57,750 was paid in settlement of nine ET claims, an average of approximately £6,400 per claim. In the first six months of 2003/04 a total of £28,000 was paid in settlement of six cases, an average of approximately £4,600 per claim. There were no tribunal awards against the MPS in these periods. These relatively low levels of settlement sums demonstrate that these cases fall into the lower band of the types of complaint presented in tribunal claims in terms of the seriousness of the treatment at issue. Headline grabbing awards and settlements are the exception and there are few such cases. It is a matter of regret that any MPS personnel feel the need to take concerns to ET whatever the eventual outcome.

Categories of cases

9. Race and sex discrimination cases form the largest claim groups. Race discrimination claims have reduced by 9% over the last year. Sex discrimination claims have reduced by 23%. An average of 18 claims involving allegations of both race and sex discrimination were being pursued throughout this period. This figure has remained virtually constant throughout the period. Albeit based on a small number of claims, ETs pursued by police staff for unfair dismissal and other contractual issues saw a reduction of 68% and disability discrimination claims fell by 75% (appendix 4 and 10).

Results

10. An examination of ET outcomes for 2002/03 shows that 82% (62) of claims were withdrawn by applicants, this figure includes those cases struck out for want of jurisdiction. 12% (9) were settled. 6% (4) cases went to contested hearings at which outcomes were evenly split. This data confirms that most ET cases are withdrawn by applicants without a settlement payment from the MPS. The first six months of 2003/04 indicates that of those cases that have concluded 58% (36) have been withdrawn and 15% (9) have been struck out by the tribunals, making a total of 73% discontinued. 18% (11) have been won by the MPS at contested hearings and no cases have been lost. Some of these figures comprise multiple claims by a single applicant (appendix 11).

Significant cases

11. There are now 43 exceptional/significant cases in progress compared to 60 six months ago, a reduction of 28%. These cases have been categorised as A B or C under the terms defined in the MPS/MPA protocol. This reduction does not include recent high profile settlements that have taken place after 30 September 2003.

Proactive work

12. An explanation for the decreasing number of ETs being pursued may be found in the good practice advice and learning from cases found on the DPS intranet site available to all in the MPS workforce; the impact of the range of Community Race Relations (CRR) and diversity training provided within the MPS to all personnel following the McPherson Inquiry; the professionalisation of the personnel function at OCU level and the provision of a range of training and development workshops and induction processes for key personnel delivered by HR, Diversity Directorate and DLS as well as DPS. Further explanation may be found in the aftermath of the cases of Liversidge, Baskerville and others, which may have deterred applicants from taking their complaints to tribunals in view of the complexities around issues of jurisdiction. Now that there have been amending regulations to the Sex Discrimination Act 1975 with effect from 19 July 2003, it is anticipated that the number of sex discrimination claims may rise as officers become aware of the change. It is also likely that claims will increase in view of the Employment Equality Regulations prohibiting discrimination on grounds of sexual orientation, religion and belief with effect from December 2003. Although the MPS Fairness at Work Policy has only been in place since May 2003 there may also be an increased willingness to engage by internal means to resolve problems rather than directing these issues straight to tribunal. In November 2003, a review process was established to examine long-standing tribunal claims to consider scope for a range of forms of intervention with a view to avoiding the need for tribunal hearings on matters that may be capable of internal resolution. This process has been applied to race discrimination claims and will move on to review sex discrimination and other forms of claim.

C. Equality and diversity implications

The MPS remains committed to the achievement of a hospitable working environment in which all groups of personnel can work with dignity and have the opportunity to fulfil their potential. The placing of this paper in the public domain demonstrates a willingness to allow public scrutiny of its management of tribunal issues within the MPS in the belief that the response to ETs is fair and proportionate. A range of data is being provided to the Independent Inquiry to inform their review of issues of disproportionality. Work continues in conjunction with the Diversity Directorate, Black Police Association (BPA), Independent Advisory Group (IAG) and others to achieve early resolution of internal issues of concern by a range of forms of intervention.

D. Financial implications

There are no specific financial considerations arising from this report.

E. Background papers

None

F. Contact details

Report author: Esme Crowther, DPS, MPS.

For more information contact:

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

Appendix 5

Employment Tribunals by Rank/Band

April 2003 to September 2003

Appendix 6

Employment Tribunals by Rank/Band

April 2003 to September 2003

Appendix 7

Employment Tribunals by Ethnicity and Gender

Appendix 11

Results of Employment Tribunal Cases 01/04/03 – 30/09/03

* These figures include applicants with multiple claims.

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