Fairness At Work Policy

Report: 8
Date: 06 April 2006
By: Commissioner

Summary

This report contains management information and performance analysis in respect of the Fairness at Work Policy (FAWP) and provides statistical data and analysis in respect of matters raised through the FAWP. It concentrates on FAWP cases submitted from 1 April to 31 December 2005 (nine month period). The data and trends are compared to the financial year 1 April 2004 to 31 March 2005 (12 month period).

A. Recommendation

That Members note the report.

B. Supporting information

1. The FAWP is overseen by the Human Resources (HR) Directorate. Responsibilities include monitoring use of the policy, ensuring its integrity and overseeing the implementation of outcomes. Management of individual FAW cases is undertaken at local level through the local HR manager.

New FAWP cases

2. The FAWP has been initiated on 220 occasions in the nine-month period between 1 April and 31 December 2005. On average 24 new cases are registered per month. The projected number of cases for the financial year 2005/06 is 300, which will represent an increase of six cases on the previous financial year.

Ranks and bands of personnel initiating the FAWP

3. Police staff account for 86 (39.09%) of the total number of 220 FAWP cases recorded in the first nine months of the current financial year.

4. 77 cases, (35%) of the overall number of 220 FAWP cases, have been lodged by police officers of constable rank. 57 cases (25.9%) have been raised by the ranks ranging from sergeant to chief inspector.

5. The FAWP was initiated on 294 occasions in the 12-month period between April 2004/5. This represented on average 25 cases per month. 128 (44%) FAWP cases were initiated by police staff and 166 (56%) by police officers.

Diversity information

Gender

6. As at 31 December 2005 female staff (inclusive PCSO and Traffic Wardens) made up 55.59% of the workforce. In the first nine months of the current financial year (April – December 05) 58 cases (67.44%) recorded were from female police staff. The number of FAWP cases presented in this strength group was therefore higher by +11.85%.

7. As at 31 December 2005 female officers made up 19.58% of the workforce. A total of 35 FAWP cases (26.12%) were raised by female police officers. The number of cases presented in this strength group was therefore higher by +6.54%.

Ethnicity

8. A total of 40 of the recorded FAWP cases (18.18%) were from staff from a minority ethnic group. White staff have used the process on 180 occasions (81.82%). With regards to staff from a minority ethnic group, there are 15 recorded cases (11.19%) from police officers and 25 cases (29.07%) from police staff members.

9. As at 31 December 2005 black and minority ethnic officers made up 7.26% of the 31,105 total Police Officers and are therefore slightly over represented with 11.19% of FAWP cases. Black and minority ethnic staff make up 23.88% of the 16,195 total police staff (inclusive PCSO and Traffic Wardens) and are also therefore slightly over represented with 29.07% of FAWP cases.

Disproportional Impact

10. The number of FAWP cases for both female and black and ethnic minority staff/officers is therefore marginally higher than we would wish. This data analysis alongside the revised Fairness At Work Procedure (discussed in the next section) is the focus of work for HR, which will use intelligence from cases for possible patterns and trends on disproportionality. This will highlight learning and potential for intervention opportunities, which will be referred back to local HR Managers.

Timeliness

11. In accordance with the Dispute Regulations 2004, which indicates that each step in any procedure should be taken without unreasonable delay, the MPS has built timescales into the FAWP. These timescales can be extended with the agreement of all parties. The MPS acknowledges that the timescales set out in the FAWP (i.e. 28 days overall) are often breached. However, feedback suggests that these timescales are unduly onerous on all concerned. A full review of the FAWP has taken place. The revised FAWP, which is due to be launched in April 2006, includes a 28-day provision at each stage (where it is necessary to invoke the formal procedure) and the provision of a mediation service. This service is designed to add an informal, and almost instantaneous dimension to the process of grievance resolution and takes into account the recommendations of the Morris Inquiry report.

12. The revised policy places greater emphasis on informal review/resolution by line management. It is also planned to appoint a team of four designated FAWP advisors to work as part of central HR Services. Their remit will be to deal with complex and protracted cases and assist in appeal cases.

13. It is anticipated that these revisions will enable realistic timescales to be better adhered to.

Location

14. All FAWP cases are recorded against the Operational Command Unit (OCU) of the originating officer. If FAWP is initiated and includes several issues from one member of staff, it is recorded as one case. Each individual raising a FAWP is counted as a separate FAWP.

15. For the first nine months of this financial year Operational Command Units have a higher number of FAWP recorded compared to Borough OCUs. HR has identified this anomaly and is working closely with Business Managers and local HR Managers as a basis for exploring particular trends and concerns.

Categories of cases

16. During the first nine months of the current financial year 46 (20.91%) of the recorded cases, relate to actions of first line managers.

17. The actions of colleagues’ accounts for a further 15 (6.82%) cases (In 2004/05 52 cases, 17.7%). Other significant causes for the policy being invoked are local policies 16 cases (7.27%) and selection procedures 21 cases (9.55%).

Outcomes

18. Information has been provided to indicate the extent to which the originator of a concern is satisfied with the outcome of their case. This data should not be viewed as a performance indicator for the effectiveness of the FAWP. The mere fact that an originator does not receive the resolution they are seeking does not in-itself indicate a failure in the FAWP.

19. Of the 220 cases recorded in the first nine months, 28 cases have been resolved through local resolution, withdrawn or closed down by HR. Reasons for closure can be that the FAWP is not the appropriate mechanism i.e. there is a distinct appeal process or the matter can be resolved through other procedures such as Health and Safety. A total of 71 cases have been concluded at stage one, eight cases have been suspended at stage one and 36 cases have gone to appeal. The remaining 77 cases are still ongoing stage one live cases.

Building capability

20. As discussed earlier in paragraph 11, the timescales set out in the FAWP (i.e. 28 days overall) are sometimes breached though not without reason. This minimizes the chances of success in resolving conflict as attitudes become entrenched. The revised FAWP policy places greater emphasis on informal and prompt intervention by line management. The revised policy addresses this directly through the provision of a mediation service and a designated team of four FAW advisors to deal with complex and protracted cases. This is key to the aspirations of HR in building capability into conflict resolution and minimizing HR risks to the MPS.

21. The core function of HR is to provide professional advice and practical support to HR Managers who are responsible for HR Policy implementation practices and procedures. Workshops were held for HR Managers in December 2005 and included practical session on early intervention protocols for FAWP.

22. HR is developing an evaluation and intelligence framework through live casework to identify particular trends on FAWP. Early learning is identified to HR Managers with regard to informal local resolution and intervention measures in liaison with staff associations.

23. FAWP casework is shared with the Employment Tribunal Performance and Learning Manager. This dialogue identifies any potential for high-risk cases.

24. A pilot scheme on restorative conferencing (mediation) will be introduced from April 2006. The initiative will be aligned to the FAWP and will be aimed at resolving matters of concern prior to the FAWP being initiated. The Diversity and Citizen Focus Directorate and the Human Resources Directorate are sponsoring the pilot.

C. Race and equality impact

The Fairness at Work Policy embraces the ethos of the MPS Values and Behaviours. Furthermore, it compliments all initiatives aimed at supporting equality of opportunity, respecting diversity and ensuring dignity at work. The learning, which derives from the use of FAW, has given our staff a better understanding of the needs of others. The FAWP will continue to inform the MPS of the required improvements in how it treats and manages it staff. This will assist with our aim to remain an employer of choice and will support the recruitment/retention of staff from diverse backgrounds.

D. Financial implications

There are no specific financial considerations arising from this report.

E. Background papers

None

F. Contact details

Report author: Eleanor Ryan, Assistant Director HR Services.

For more information contact:

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

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