Fairness at Work policy

Report: 9
Date: 19 July 2007
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 in the financial year 1 April 2006 – 31 March 2007 (a 12 month period). The data and trends will be compared to the previous financial year 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 Team. 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 a local level through the Human Resources (HR) units.

New FAW cases

2. Of the 204 FAW cases registered in the 12-month period between 1 April 2006 – 31 March 2007 (an average of 17 per month), 150 cases continued to proceed under the FAWP. Of the 293 FAW cases registered between 1 April 2005 and 31 March 2006 (an average of 24 per month), 250 cases continued to the FAW procedure. The volume of formal FAW cases has, therefore, fallen by 40% in the financial year 1 April 2006 to 31 March 2007.

Profile of personnel initiating the FAWP

3. Police staff made up 37% of the current workforce strength and account for 48% (97 cases) of the total number of FAW cases registered.

4. Police officers made up 63% of the current workforce strength and account for 52% (107 cases) of the total number of FAW cases registered.

5. In the financial year 2005/06 178 FAW cases (61%) were initiated by police officers and 115 (39%) by police staff.

Diversity information

Gender – female black and minority ethnic police staff

6. In the 12 month period 1 April 2005 – 31 March 2006, female black and minority ethnic police staff initiated 22 FAW cases. This accounted for 7.6% of the total 293 [1] cases registered. Female black and minority ethnic police staff during this period represented 4.3% of the total police workforce.

7. In the 12 month period 1 April 2006 – 31 March 2007, female black and minority ethnic police staff initiated 14 FAW cases. This accounted for 7.3% of the total 204 [2] cases registered. Female black and minority ethnic police staff during this period represented 4.4% of the total police workforce.

8. Whilst there remains a minor statistical over-representation of cases registered by female black and minority ethnic police staff, the data shows a year-on-year reduction. It should be noted that the case frequency numbers are extremely small relative to the size of the workforce, one case per 153 female black and minority ethnic police staff full time equivalent across a 12 month period.

Gender – white female police staff

9. In the 12 month period 1 April 2005 – 31 March 2006, white female police staff initiated 44 FAW cases. This accounted for 15.2% of the total 293 cases registered. White female police staff during this period represented 12.8% of the total police workforce.

10. In the 12 month period 1 April 2006 – 31 March 2007, white female police staff initiated 36 FAW cases. This accounted for 18.6% of the total 204 cases registered. White female police staff during this period represented 12.5% of the total police workforce.

11. Whilst there remains a minor statistical over-representation of cases registered by white female police staff, the data shows a year-on-year decrease in absolute terms. It should be noted that the case frequency numbers are extremely small relative to the size of the workforce (one case per 169 white female police staff full time equivalent across a 12 month period).

Ethnicity

12. In the 12 month period 1 April 2005 – 31 March 2006 black and minority ethnic police officers initiated 34 FAW cases. This accounted for 11.8% of the total 293 cases registered. Black and minority ethnic police officers during this period accounted for 4.8% of total police workforce.

13. In the 12 month period 1 April 2006 – 31 March 2007 black and minority ethnic police officers initiated 14 FAW cases. This accounted for 7.2% of the total 204 cases registered. Black and minority ethnic police officers during this period accounted for 4.8% of the total police workforce. Whilst there remains a statistical over representation of cases registered by black and minority ethnic police officers, the data shows a significant year-on-year reduction.

14. In the 12 month period 1 April 2005 – 31 March 2006 black and minority ethnic police staff initiated 30 FAW cases. This accounted for 10.4% of the total 293 cases registered. Black and minority ethnic police staff during this period accounted for 6.3% of total police workforce.

15. In the 12 month period 1 April 2006 – 31 March 2007 black and minority ethnic police staff initiated 20 FAW cases. This accounted for 10.4% of the total of 204 cases registered. Black and minority ethnic police staff during this period accounted for 6.6% of the total police workforce. Whilst there remains a statistical over representation of cases registered by black and minority ethnic police staff the data does show a year-on-year reduction.

Disproportional impact

16. Monitoring of OCU dispersal of black and minority ethnic cases has revealed no trends or patterns that would trigger direct intervention. The HR Practice Support Team will nevertheless continue to assess the data and should any trends or patterns emerge they will instigate and support suitable intervention strategies.

Timeliness

17. 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. The revised policy includes the provision of a mediation service. This service is designed to add an informal, and almost immediate intervention to the process of grievance resolution.

18. As of 31 March 2007, 30% of cases initiated (61 cases) have been closed within the revised 28-day target. If the revised target is applied retrospectively to cases initiated between 1 April 2005 – 31 March 2006, 28% of cases are closed to target.

19. Initiatives discussed under paragraphs 9.1-9.11 (and in particular paragraph 9.2) will enable a higher percentage of FAW cases to meet the timescales.

Location

20. All FAW cases are recorded against the Operational Command Unit (OCU) of the originator. It is sometimes the case that the source of an originator’s concern is a person/policy from another location within the MPS. Therefore, the number of cases recorded against each OCU does not necessarily provide an accurate reflection of concerns originating at that OCU.

21. There is only one location within the MPS where data identified the need for targeted intervention by the Practice Support Team. Specifically this intervention focused on educating line managers about flexible working.

Categories of cases

22. Line management action accounts for 40% of FAW cases reported from 1 April 2006 – 31 March 2007. The Practice Support Team are working with the Leadership Academy to ensure that ongoing training and development for new line managers addresses issues of concern identified by the FAW data, specifically modules within their leadership development programmes are focused on grievance handling and conflict management.

23. In the financial year 2005/06 47% of cases registered were cited 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. This pattern has been maintained with a high degree of consistency; in financial year 2006/07 40% of cases remained linked to management action. Of these 81 cases, 22 alleged bullying and 15 failure to support career progression.

Outcomes

24. Of the 204 FAW cases registered in 2006/07, 60 were still open at stage one at 31 March 2007. A total of 12 cases progressed to stage two (appeal) – one of these was closed by the HR Practice Support Team, two were rejected by the FAW Coordinator. Three were resolved in favour of the original decisions. The other six cases remain open.

25. 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 within 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 have not, then local managers are asked to give a business justification for not doing so to the relevant Practice Support Manager.

Building Capability

26. The revised FAW policy, issued in September 2006, places greater emphasis on informal and prompt intervention by line management. The policy 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.

27. As stated in paragraph 2.1, there has been a 40% reduction in FAW cases based on an analysis for the period 1 April 2006 – 31 March 2007. This reduction can be attributed to the focused energies of the Practice Support Team and the local HR community to maximise early intervention protocols such as mediation.

28. The pilot scheme on restorative conferencing (mediation) was introduced in April 2006 and completed March 2007. The initiative was aligned to the FAWP and is aimed at resolving matters of concern prior to the FAWP being initiated. Since its inception, it has been invoked on 28 occasions. The availability of mediation reduced the number of FAW concerns raised – 62% of users of the scheme stated that they would have instigated the FAW procedure had mediation not been available.

29. The Diversity and Citizen Focus Directorate and the Human Resources Directorate sponsored the mediation pilot. Both have found the scheme to be benefit. The HR Practice Support Team continue to encourage local HR managers to use mediation whenever appropriate.

30. The Practice Support Team have raised awareness amongst HR Managers and the FAW Advisor community regarding the inappropriate use of the FAW procedure. Inappropriate use was particularly prevalent in cases where the conflict issues in question had already been addressed through an alternative avenue such as an appeal process. This has resulted in an increase from 14.7% of registered cases rejected in 2005/06 to 26.5% rejected in 2006/07.

31. Four full time FAW advisors have been selected. Two took up post in April 2007. The other two will join within the next two months. They will deal with complex, sensitive and protracted cases as well as focusing on implementation of learning outcomes discussed earlier in paragraph 8.2 These roles are key to the objective of the Practice Support Team to professionalising FAW case management, reduce timescales, build on organisational learning and minimise the risks of Employment Tribunals.

32. 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 Practice Support Team for HR Managers in January and February 2007. The Fairness at Work session focused on risk assessing and managing activity which may attract conflict, building and maintaining excellence, sharing good practice and early conflict resolution.

33. The Practice Team is developing an evaluation and intelligence framework to identify particular trends on FAWP. This activity has helped to inform the professional Development Training Programme for HR Practitioners, that has a core module around conflict resolution. Delivery of this programme commenced during the 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 managers. This will be launched in September 2007.

34. In February 2007, a seminar was held to with engage with staff associations, unions, Federation and Borough representatives. The seminar addressed how they can assist in promoting knowledge and awareness of MPS work/life balance policies and minimising conflict in these areas.

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

36. A protocol is now in place with the Metropolitan Police Authority (MPA) to allow an overview of 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): Darren Bird, T/Assistant Director HR Services and Simon Hockley, HR Practice Support Manager, MPS

For more information contact:

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

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