Fairness at Work Policy

Report: 13
Date: 14 December 2006
By: Director of Human Resources on behalf of the 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 – 30 September 2006 (a six month period). The data and trends will be compared to the period 1 April 2005 to 31 March 2006.

A. Recommendations

That members note the report.

B. Supporting information

1. The Fairness at Work Policy (FAWP) is overseen by the HR Practice Support Managers. Responsibilities include monitoring use of the policy, ensuring its integrity and overseeing the implementation of outcomes. Management of individual Fairness at Work (FAW) cases is undertaken at local level through the HR units.

New FAW cases

2. The FAWP has been initiated on 95 occasions in the six-month period between 1 April and 30 September 2006. On average 16 new cases are registered per month. There were 159 FAW cases registered in the same period of the last financial year (1 April to 30 September 2005). FAW case numbers have fallen by 43% in the first half of this financial year.

Ranks and bands of personnel initiating the FAWP

3. Police staff made up 35% of the workforce strength and account for 52 (55%) of the total number of 95 FAW cases recorded in the first six months of the current financial year (April – September 2006).

4. Police officers made up 65% of the workforce strength in the first quarter of this financial year (April – September 2006) and account for 43 (45%) of the total number of 95 FAW cases.

5. In the financial year 2005/06 177 FAW cases (61%) were initiated by police officers and 115 (39%) by police staff.

Diversity information

Gender – BEM Female

6. In the six months April 2006 – September 2006 the number of female Black and minority ethnic police staff registering a FAW case (nine) were moderately over-represented by five cases (against an anticipated four cases) based on proportionality. However, the case frequency numbers are extremely small relative to the size of the workforce (one case per 234 BME female staff full time equivalent).

Gender – White Female

7. In the first 6 months of this financial year (April – September 2006) there have been 3 FAW cases linked to sexual discrimination made by white females; one linked to gender discrimination as a part time worker, one to racial discrimination by BME male co-workers and a third to pay equality across gender and ethnicity.

Ethnicity

8. Despite the small sample sizes, the disproportional over representation of male BME police officers as complainants still appears present, with seven cases in April – September 2006, against an anticipated three cases based on proportionality. Only one of these cases was on the rounds of race.

9. In the financial year 2005/06, analysis of the total cases recorded (292) suggests that black and minority ethnic police officers are proportionally over-represented as case originators relative to their proportion in the overall workforce. Proportionally, 11 cases would have been statistically expected from BME male officers, and three from BME female officers. Recorded totals were 23 and eight respectively, a proportional over representation of 12 male and eight female BME officer cases.

Disproportional Impact

10. In the first six–month period from April to September 2006, one FAW was brought for every 503 full time employees of the workforce. The disproportional over representation of male black and minority police officers as complainants still appears present with seven FAW cases recorded against anticipated case load of three based on statistical proportionality. In real terms, the difference is marginal. However, this trend will be monitored by the HR Practice Support Team to assess if any hot spots occur or if there is intelligence to enable meaningful intervention.

Timeliness

11. The MPS revised the FAWP in September 2006. The timescales now include a 28-day provision at each stage (where it is necessary to invoke the formal procedure). This has been an increase from 14 days to 28 days. The revised policy includes the provision of a mediation service. This service is designed to add an informal, and almost instantaneous dimension to the process of grievance resolution. In the first six-month period of this financial year, the mediation service has been successful in resolving a grievance without recourse to the actual FAWP on one occasion.

12. As at close October 2006, only 23% of cases initiated (22 cases) have been closed within the revised 28-day target. If the revised target is applied retrospectively to cases initiated April 2005 – March 2006, 28% of cases are closed to target. Performance on case closure within targeted time has decreased by 5% in the first half of financial year 2005-2006.

13. It is anticipated that the revised policy and the initiatives discussed under paragraphs 21 - 28 will enable policy timescales to be achieved.

Location

14. All FAW cases are recorded against the Operational Command Unit (OCU) of the originating officer and any data in this respect is likely to be very misleading. It is sometimes the case that the source of an originator’s concern is a person/policy from another location in the MPS therefore; the number of cases registered against each unit does not necessarily provide an accurate health check for that OCU.

15. For the first six months of this financial year the small sample size and wide distribution reveals no significant disproportionalities at this stage with the exception of a central location, which has a concentration of 19 cases, registered in the six month period under review. Intervention practices are now being deployed to examine local HR practices in relation to implementation of flexible working practices.

Categories of cases

16. The trend for FAW cases to be primarily caused by line manager actions has been sustained and accounts for 44% of cases reported in April – September 2006. The HR Practice Support Team are working with the Leadership Academy to identify any trends, which need to be reflected in the ongoing training programme of new managers.

17. In the financial year 2005/06 47% of cases recorded were sighted as actions/behaviours/decisions by line management. These 136 cases included a wide range of specific grievances, with 28 allegations of bullying by line managers being the most common cause. These cases were evenly split (14 each) between officers and staff. There were 16 cases in financial year 2005-06 of grievances against managers refusing to support transfer, promotion or training applications – 10 of these came from officers, of whom eight were at the constable level. In April – September 2006, these remained the most common causes of manager related grievances, with nine of 42 cases alleging bullying by line managers, and eight allegations of unwarranted refusal to support career development.

Outcomes

18. Of the 95 FAW cases recorded in the first six months, 20 were still open at stage one at the end of October 2006. A total of 15 cases progressed to stage two (appeal) one of these was closed by the HR Practice Support Team, two were rejected by the FAW Coordinator and four were resolved in favour of the original decisions. The other eight cases remain open.

19. In September 2006, the HR Practice Support Team adopted a monitoring system to record the outcomes of FAW cases in relation to organisational and local learning. This was enabled through the templating of reports from FAW Advisors, which makes the information easier to capture. The support staff for the Practice Support Team contacts local HR Units, three months after completion of the FAW to confirm if recommendations made in FAW reports and learning outcomes have been implemented. If they are not, then local managers are asked to give a business justification for not doing so.

Building Capability

20. The revision of the FAW policy in September 2006 places greater emphasis on informal and prompt intervention by line management. This review involved consultation with the staff associations. It is anticipated that a further review of the revised policy and working implementation will occur in September 2007.

21. As stated earlier there has been a 42% reduction in FAW cases based on an analysis for the period April – September 2006. This reduction can be attributed to the focused energies of the HR Directorate Practice Support Team and the local HR Community to maximise early intervention protocols such as mediation.

22. The pilot scheme on restorative conferencing (mediation) was introduced in April 2006. The initiative is aligned to the FAWP and is aimed at resolving matters of concern prior to the FAWP being initiated. Since it’s inception it has been invoked on 14 occasions.

23. The Diversity and Citizen Focus Directorate and the Human Resources Directorate are sponsoring the pilot. Whilst the pilot is in its infancy, the HR Practice Support Team is encouraging local HR managers to utilize the scheme to its full benefit.

24. There has also been a raised awareness by HR Managers and the FAW Advisor community regarding the inappropriate use of the FAW procedure when the conflict issues in question have already been addressed through an alternative avenue such as an appeal process, which is common practice in selection, and promotion processes.

25. A selection procedure is currently underway for the creation of a dedicated team of Four FAW advisors to deal with complex, sensitive and protracted cases. This is key to the aspirations of the practice support team in professionalising FAW case management, reducing timescales and minimizing the risks of Employment Tribunals.

26. The core function of the Practice Support Team is to build the capability of local HR Practitioners by providing professional advice and practical support in the practice areas of HR policy implementation. Workshops were run by the HR Directorate Practice Support Team for HR Managers in December 2005 and January 2006 and included practical sessions on early intervention protocols for FAW. Follow up workshops are being planned for January 2007; this will focus on building and maintaining excellence and sharing good practice.

27. The Practice Team is developing an evaluation and intelligence framework to identify particular trends on FAWP. This activity has helped to inform a professional Development Training Programme for HR Practitioners, which has a core module around conflict resolution. First delivery of this programme will commence in first quarter of 2007. The Practice Support Team has also worked with the Leadership Academy to deliver a similar conflict resolution package for first line supervisors.

28. It is also intended to hold a workshop in January 2007 to engage with staff associations in how they can assist in promoting knowledge and awareness of MPS work life balance policies and minimising conflict in these areas.

29. The Practice Support Managers also work closely with the Employment Tribunal Performance and Learning Manager. This dialogue identifies any trends on potential high-risk cases.

30. A protocol is now in place with the Metropolitan Police Authority to enable an overview on FAW cases, which will enable the MPA to fulfil its governance responsibilities in relation to the Morris Enquiry and determining learning outcomes from internal conflict.

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 that 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(s): Eleanor Ryan, Assistant Director HR Services, MPS.

For more information contact:

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

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