Employment Tribunals

Report: 7
Date: 19 July 2007
By: Director of Human Resources on behalf of the Commissioner

Summary

This regular report to the MPA Professional Standards & Complaints Committee contains management information and performance analysis on employment tribunal claims brought against the Commissioner in the financial year 1 April 2006 to 31 March 2007. The data and trends are compared to the financial year 1 April 2005 to 31 March 2006.

A. Recommendations

That members note the report.

B. Supporting information

1. This is the six monthly report to the Professional Standards & Complaints Committee providing statistical data and analysis regarding MPS performance in terms of Employment Tribunals (ETs) brought against the Commissioner. This report will concentrate on ETs lodged from 1 April 2006 to 31 March 2007. The data and trends will be compared to the period 1 April 2005 to 31 March 2006.

2. The HR Employment Tribunal Unit (HR ET Unit) is part of HR Services Directorate working alongside the HR Practice Support Managers who oversee the Fairness at Work policy and process. There are also close links with those responsible for developing HR policy and promoting good practice in people management activities. The learning from ET cases is a key part of this. The ET cases continue to be considered as part of the MPA/MPS risk management procedure. This ensures that through a variety of means, senior managers are well briefed on significant cases and that appropriate and timely decisions are made.

New and on-going employment tribunal claims

3. The number of new ET cases lodged against the Commissioner in 2006/07 was 85. This compares to 86 in 2005/06. (Appendix 1). The average number of new claims received per quarter in both 2005/06 and 2006/07 was 21. In March 2006, the total number of claims was 61, whereas in March 2007 the total has risen marginally to 66 (Appendix 2). It should be noted that this figure includes a number of multiple claims (i.e. separate claims brought by the same Claimant). As at March 2007 58 Claimants had lodged 66 cases. The increase in ongoing claims results from a number of factors i.e. Claimants not withdrawing claims early in the process, claims being stayed for long periods by the Tribunal to enable the completion of internal Fairness at Work and disciplinary processes, delays by Tribunals in listing cases and the complexity of claims, particularly multiple claims, which require a series of preliminary Tribunal hearings.

4. There was an increase in 2006/07 in the number of claims brought under the Disability Discrimination Act (DDA). There were 21 disability discrimination claims lodged by both police officers and staff in 2006/07 compared to 11 in 2005/06. Five of the claims in 2006/07 also included allegations of less favourable treatment on the grounds of race and/or sex discrimination. It is often the case that MPS Claimants fail to meet the definition of disability to bring a claim under the DDA and that part of their claim is withdrawn or struck out. Seven cases were withdrawn/struck out in 2006/07.

5. In 2006/07, eight claims were lodged under the Employment Equality (Religion or Belief) Regulations. All these claims also involved allegations of race discrimination. There were five claims alleging sexual orientation discrimination, four of which also included allegations of race discrimination and/or sex discrimination. Three such cases were withdrawn and one was awarded in our favour by the MPS at tribunal in 2006/07.

6. The Employment Equality (Age) Regulations came into force on 1 October 2006. Since that date, two claims have been received. Both also involve allegations of sex and race discrimination.

Ranks and bands of personnel lodging ETs

7. In 2006/07, police officers accounted for 63.4% of corporate strength and lodged 46 (54%) of the total 85 claims. This compares to 55 (64%) of claims in 2005/06 (appendix 3 & 4).

8. In 2006/07, police staff accounted for 36.6% of corporate strength and lodged 32 (38%) of claims. This compares to 28 (33%) of claims in 2005/06.

9. Non-employees/job applicants lodged the remaining percentages of claims. 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/sergeants and administrative staff. There were eight claims lodged by PCSOs in 2006/07 which is the same number as lodged in 2005/06 despite the increase in PCSO numbers.

Diversity information

10. Diversity Information is provided comparing those pursuing ETs in 2005/06 and 2006/07 (Appendix 5).

Gender

11. In 2006/07, 30 cases (35%) were lodged by female police officers/staff compared to 37 cases (43%) in 2005/06. Corporate strength for female police officers/staff (including PCSOs and traffic wardens) as at 31 March 2007 is 33%. For some years, females have accounted for slightly more than half of the ETs being pursued but there has been decline in the percentage of claims from female staff over each of the past four years. In 2006/07, the percentage of claims by female staff has dropped by approximately 8% compared to the previous year.

Ethnicity

12. In 2006/07 43 claims (51%) were brought by white police officers/staff, 15 claims (18%) by black police officers/staff, 16 claims (19%) by Asian police officers/staff, one (1%) by other groups and 10 (12%) were unknown.

13. This compares with 49 (57%) by white police officers/staff, 14 (16%) by black police officers/staff, 14 (16%) by Asian police officers/staff, five (6%) by other groups and four (5%) were unknown in the financial year 2005/06.

14. The actual numbers of claims have only increased by one for black officers/staff and two for Asian officers/staff. There have been a number of multiple claims from Asian officers (i.e. the 16 claims received in 2006/07 were lodged by 11 individual claimants).

15. The total percentage of all claims brought by black and minority ethnic police officers/staff in 2006/07 is 38%. BME staff accounted for 14% of corporate strength figures as at 31 March 2007.

Timeliness

16. In 2005/06, 21 cases took more than 400 days to reach a conclusion and in 2006/07 11 cases took more than 400 days to reach a conclusion (Appendix 6). The number of live claims, which are over 400 days old, is 14 in March 2007 (Appendix 7).

17. Some of the factors that have contributed to this increase are set out in paragraph 3 above. All long-standing claims are the subject of regular review to ensure that all opportunities have been explored to reach a resolution outside the tribunal process.

Location

18. In 2006/07, work was undertaken with the HR Practice Management Team to identify locations where both the numbers of ETs and Fairness at Work cases raised issues for concern. One location was identified as a potential hotspot and an analysis of the cases highlighted various trends and issues. A number of meetings and discussions have taken place with the relevant senior management to provide advice and support in addressing these points.

19. The Commander, Directorate of Professional Standards (DPS), heads a Strategic Co-ordinating and Tasking Group that regularly receives strategic intelligence reports based on the range of DPS activity to identify locations or issues warranting further examination or intervention. The ET Unit regularly provides employment tribunal data on location to DPS as part of this process.

Categories of cases

20. As of March 2007, Sex discrimination cases accounted for 23% of ongoing claims, Race discrimination claims 20%, Disability discrimination 15% and unfair/constructive dismissal 4%. A further 23% of cases were claims brought under several jurisdictions. As indicated above the trend for claims to cover more than one jurisdiction e.g. sex, race and sexual orientation is continuing. Other claims (which include, for example, breaches of the Employment Rights Act and Part-time Workers Regulations) account for the remaining 15% (Appendix 8).

Results

21. An examination of ET outcomes for 2005/06 (Appendix 9) shows that 41% of claims were withdrawn by applicants and 12% of claims were struck out by the Tribunal for want of jurisdiction. 34% of claims were settled. 8% of claims were won at tribunal and 5% (1 case) were lost. In fact, the single case comprised of four claims and was lost in 2005/06 relating to one consolidated hearing involving three claimants.

22. In 2006/07 (Appendix 10), 34% of cases concluded were withdrawn, 17% struck out by the Tribunal and 38% of claims were settled. 10% of claims were won at tribunal and 1% (1 claim) was lost. It should be noted that some of these figures comprise multiple claims by a single claimant.

Settlements

23. Information on settlements and the financial implications arising from these is contained in Appendix 11 (exempt).

Significant cases

24. In March 2007 there were 48 exceptional/significant cases in progress. These cases have been categorised as A, B or C under the terms defined in the MPS/MPA protocol. Weekly reports of all the categorised cases are provided to the MPA Chief Executive and the Deputy Chief Executive with further briefings and information provided when required. Regular meetings now take place with the Deputy Chief Executive and the Chairman of the PSCC to review all current significant cases. Details of high risk and significant cases ongoing as at of 25 May 2007 are attached at exempt Appendix 12.

Early resolution and learning

25. On receipt of new employment tribunal claims, the head of the HR ET Unit and the relevant case manager make an assessment of the claim to consider whether there is any capacity for early resolution or whether some form of intervention strategy might be appropriate to resolve the case. If resolution is not possible at this early stage, the cases are subsequently regularly reviewed to identify any opportunity to reach a resolution without the need to go before a Tribunal panel. In many cases at the time the ET is received there is often already some form of intervention in progress. This could be a Fairness at Work procedure or an internal investigation. Mediation has been successfully used in some cases, which has avoided matters progressing to a tribunal hearing.

26. Learning from ET cases is a key aspect in the work of the HR ET Unit. The Performance and Learning Manager works closely with the ET case managers to identify and draw out local and organisational learning from ET claims. Good practice advice and learning is identified for inclusion on the HR ET Unit intranet site, which is available to the entire MPS workforce. A range of means are utilised to share organisational learning, in addition to the website. This has included input to training events and seminars for key personnel. Learning material will be provided to the Leadership Academy for inclusion as appropriate within the Leadership Programme for first and second line managers. Recently some learning material on disability has been provided to the Recruit Training School. Case specific learning may in some cases be fed back through line management as a developmental need for individuals or teams. Policy matters are pursued with the relevant policy portfolio holder and the ET Unit is regularly consulted for input during reviews and revision of MPS policies. Data is also provided to Business Groups or OCUs if trends or issues relating to their locations are identified.

27. Debriefings of the Commissioner’s witnesses and senior management have been undertaken by the HR ET Unit in certain cases to identify and draw out local and organisational learning. The Performance and Learning Manager has also met with claimants and their representatives to afford them an opportunity to share their experience for the purpose of greater organisational learning.

Communications strategy

28. Paragraphs 22 and 23 above provide information on how lessons learnt from employment tribunals are disseminated internally. External media interest is managed in a number of ways. The DPS Risk Management System identifies all cases (including employment tribunals) that may pose a risk to the MPS and this will include the potential for damaging publicity. The Directorate of Public Affairs (DPA) attends the regular meetings of the Silver Risk Management Committee. Significant police staff disciplinary cases are also discussed in this forum. Where extensive media interest can be anticipated, and a corporate MPS response may be needed, the DPA must be involved to ensure that any information is disclosed appropriately.

29. The HR ET Unit provides press briefings to DPA on all employment tribunal cases which are due for full merits hearings and provides subsequent briefings regarding outcomes. This information is available to members of the press and media on an ‘if asked basis’. Briefings are also provided for other tribunal hearings where there is the possibility that the case could attract media attention or where there has been previous media coverage. Further briefings are prepared where necessary to answer press and media enquiries or to respond to inaccurate press reporting. Articles are occasionally published on the MPS Intranet in order to ensure that the MPS position in respect of particular claims is clarified for officers and staff.

30. Where employees involved ask for support in relation to adverse media interest, they should be referred to the HR Press and Communications Unit, who will provide confidential media support to individuals, on request. The HR Press and Communications Unit will inform DPA, as appropriate, of this action to ensure no conflict of interest arises and proper communication is maintained between all those involved in the process.

C. Race and equality impact

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. It is recognised that early intervention at an appropriate level is a key factor in managing conflict resolution. A wide range of activities takes place to ensure that the MPS learns lessons from ET cases.

D. Financial implications

See Appendix 11 (exempt).

E. Background papers

None.

F. Contact details

Report author(s): Esme Crowther, Head of HR ET Unit, MPS

For more information contact:

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

Appendix 3

New Employment Tribunals by Rank/Band - April 2005 to March 2006

Appendix 4

New Employment Tribunals by Rank/Band - April 2006 to March 2007

Appendix 5

New Employment Tribunals claims by ethnicity & gender

Key:

MPS Categories
White = H S T
Black = I J K U E V W
Asian = L M N P X
Other Groups = Y OQ Z 3

Appendix 9

Results of Employment Tribunal Cases April 2005 – March 2006

Appendix 10

Results of Employment Tribunal Cases April 2006 – March 2007

Send an e-mail linking to this page

Feedback