Employment tribunals

Report: 6
Date: 17 January 2008
By: the 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 six month period 1 April 2007 to 30 September 2007. The data and trends are compared to the financial year 1 April 2006 to 31 March 2007.

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 2007 to 30 September 2007. The data and trends will be compared to the period 1 April 2006 to 31 March 2007.

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 for the six month period 1 April 2007 to 30 September 2007 was 72. In the equivalent six month period in 2006/07 41 cases were lodged and 85 cases were lodged in the full financial year 2006/07. The average number of new claims received per quarter in 2006/07 was 21 and in the first six months of 2007/08 the average was 36 (Appendix 1, Chart 1).

4. In September 2006 the total number of ongoing claims was 75, whereas in September 2007 the total had risen to 103 (Appendix 1, Chart 2). It should be noted that this figure includes several multiple claims (i.e. separate claims brought by the same Claimant). As at September 2007 88 Claimants had lodged 103 cases.

5. A brief analysis of the new claims received in the first six months of 2007/08 compared with the equivalent period in 2006/07 was undertaken to examine whether there was any significant reason for the increase. The analysis of the claims highlighted increases in the levels of claims in three areas i.e. age discrimination, disability discrimination and unfair dismissal. No other significant issue has been identified to explain the increase. Statistics from the Tribunals Service show that the numbers of cases brought to employment tribunals have been increasing over the last two years. In 2005/06 employment tribunals rose by 33% and in 2006/07 by 15% over the previous years.

6. The Employment Equality (Age) Regulations came into force on 1 October 2006 and in 2006/07 two claims were received (which also included allegations of race and/or sex discrimination). From 1 April 2007 to 30 September 2007 16 claims were lodged relating to age discrimination. Twelve claimants lodged 13 of these claims, which all relate to one multiple case (i.e. where a number of claimants have lodged claims relating to the same issue on one particular borough). The claimants allege discrimination on the grounds of age, in respect of the decision to disband a specific role on the borough.

7. The trend for the number of claims brought under the Disability Discrimination Act (DDA) continues to increase There were 16 claims which included allegations of disability discrimination lodged by both police officers and police staff in 2007/08 and in the equivalent period in 2006/07 there were seven. Police officers lodged eleven of the disability claims in 2007/08. Many of the claims also include 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 and 3 cases in 2007/08.

8. From 1 April 2007 to 30 September 2007, five claims were lodged under the Employment Equality (Religion or Belief) Regulations compared to four claims in the equivalent period in 2006/07. All the 2007/08 claims also involved allegations of race discrimination. There were three claims alleging sexual orientation discrimination lodged from 1 April 2007 to 30 September 2007 compared to four claims in the equivalent period in 2006/07.

Ranks and bands of personnel lodging ETs

9. From 1 April 2007 to 30 September 2007, police officers lodged 30 (42%) of the total 72 claims. This compares to 46 (54%) of the total 85 claims lodged in total in 2006/07. Police officers accounted for 63% of corporate strength figures as at September 2007 (Appendix 1, Table 1 & 2).

10. From 1 April 2007 to 30 September 2007 police staff lodged 38 (53%) of the total 72 claims. This compares to 32 (38%) of the total 85 claims lodged in 2006/07. Police staff accounted for 37% of corporate strength figures as at September 2007. The multiple case referred to at paragraph six has significantly increased the total of police staff claims in 2007/08.

11. 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. In the first six months of 2007/08, there were a significant number of claims (thirteen) lodged by Band Ds but all these relate to the multiple age discrimination claim. The numbers of claims from Band Es lodged in the first six months of 2007/08 already exceeds the total lodged in the whole of 2006/07. A brief analysis of these claims shows a higher level of unfair dismissal claims being lodged this year. Data from the HR Practice Support Team however does not indicate a higher level of dismissals during this period for this band. Numbers of claims from PCSOs remain at similar levels i.e. four claims lodged in the first six months of 2007/08 and eight claims lodged in total in 2006/07.

Diversity information

12. Diversity information is provided at Appendix 1, Table 3.

Gender

13. From 1 April 2007 to 30 September 2007 24 claims (33%) were lodged by female police officers/staff compared to 30 cases (35%) in 2006/07. Corporate strength for female police officers/staff (including PCSOs and traffic wardens) as at 30 September 2007 is 33%. In percentage terms claims from females have continued to decrease over the last five years.

Ethnicity

14. Details of the ethnicity of claimants for the first six months of 2007/08 are as follows: 43 claims (60%) were lodged by white police officers/staff, seven claims (10%) by black police officers/staff, nine claims (12%) by Asian police officers/staff, three (4%) by other groups and 10 (14%) were unknown.

15. The ethnicity profile of claimants in 2006/07 is 43 claims (51%) by white police officers/staff, 15 (17%) by black police officers/staff, 16 (19%) by Asian police officers/staff, one (1%) by other groups and 10 (12%) unknown.

16. In percentage terms, there has been an increase in the number of claims from white officers and staff in the first six months of 2007/08. During the same period the total percentage of all claims brought by black and minority ethnic police officers/staff was 26%. This compares to 37% in 2006/07. BME staff accounted for 14% of corporate strength figures as at 31 March 2007.

Timeliness

17. From 1 April 2007 to 30 September 2007, 10 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 1, Chart 3 & 4). The number of live claims, which were over 400 days old, was 10 in September 2007 (Appendix 1, Chart 5 & 6).

18. 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. A new process has been introduced to formalise these reviews and is discussed at paragraph 26.

Location

19. One location was identified as having a particularly high level of claims. However, this relates to the multiple case referred to in paragraph 6 above.

20. 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

21. As of September 2007, race discrimination cases accounted for 16% of ongoing claims, sex discrimination claims 15%, disability discrimination 15%, age discrimination 14% and unfair/constructive dismissal 7%. Claims brought under several jurisdictions (grounds for complaint) accounted for the largest percentage of claims (27%). There is an increasing trend for claims to cover more than one jurisdiction e.g. sex, race and sexual orientation. Other claims (which include, for example, breaches of the Employment Rights Act and Part-time Workers and Flexible Working Regulations) account for the remaining 6% (Appendix 1, Table 4).

Results

22. An examination of ET outcomes for the first six months of 2007/08 (Appendix 1, Table 5) indicates that 25% of claims were withdrawn by claimants and 17% of claims were struck out by the Tribunal for want of jurisdiction. 50% of claims were settled. 8% of claims were won at tribunal and no claims were lost.

23. In 2006/07 (Appendix 1, Table 6) 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% (one claim) was lost. It should be noted that some of these figures comprise multiple claims by a single claimant.

Settlements

24. Information on settlements and the financial implications arising from these is contained in Appendix 2 (exempt).

Significant cases

25. In September 2007, there were 66 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 21 December 2007 are attached at exempt Appendix 3

Early resolution and learning

26. All new and ongoing employment tribunal claims are the subject of regular assessment to consider whether there is any capacity for early resolution outside of the tribunal process. A new procedure has been introduced by the HR ET Unit to formalise this review in the form of a resolution checklist. On receipt of the claim, the head of the HR ET Unit and the relevant case manager consider whether there is any capacity for early resolution at that point and/or whether some form of intervention strategy might be appropriate to resolve the case. The resolution checklist is now completed to formally record the issues identified as potential resolution proposals or those issues which prevent resolution at that time e.g. ongoing disciplinary proceedings. Each case is formally considered and the resolution checklist completed on receipt of the claim and thereafter every three months. In many cases at the time the ET is received, there is often already some form of intervention in progress e.g. the Fairness at Work procedure.

27. Mediation has been successfully used in some cases, which has avoided matters progressing to a tribunal hearing. One MPS case was the subject of judicial mediation, which is part of the early dispute resolution scheme being piloted by the Tribunals Service. The HR ET Unit also contributed extensively to the DTI consultation document ‘Resolving disputes in the workplace’ in June 2007.

28. 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. 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.

29. 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.

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 take place to ensure that the MPS learns lessons from ET cases.

D. Financial implications

See Appendix 2 (exempt).

E. Background papers

None

F. Contact details

Report author(s): Esme Crowther, Head of HR ET Unit, and Margaret Kelly, Performance and Learning Manager, HR ET Unit.

For more information contact:

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

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