Fairness at work policy 

Report: 7
Date: 17 January 2008
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 in respect of matters raised through the FAWP. It concentrates on FAWP cases submitted in the 12-month period 1 October 2006 – 30 September 2007. Trends and data are compared to the corresponding period 1 October 2005 - 30 September 2006. Significant reductions in case numbers and timeliness have been achieved and the launch of the Mediation Pilot Scheme has made a positive impact within dispute resolution.

In this report, new information is supplied of the work done by HR to ensure that individual, local and organisational learning from FAWs is captured and implemented. This learning is at the heart of effective dispute resolution and a section within the report is dedicated to the positive impact of the ‘Learning Log’.

Finally, as a result of previous dialogue with the MPA, HR embarks in early 2008 upon an exciting research project with other stakeholders within the MPS including the Directorate of Professional Standards and the Diversity and Citizen Focus Directorate.

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 based at Empress State Building. The team advises staff on conflict management and oversees the implementation of recommendations and outcomes. At a local level Human Resources (HR) units manage FAW cases mainly at Stage 1 level. The newly formed central dedicated team of FAW advisors deals with complex Stage 1 cases and most appeals (Stage 2).

New FAW Cases

2. The number of recorded FAW cases has fallen significantly. A reduction of 34% has been recorded in the 12-month period 1 October 2006 to 30 September 2007. A total of 167 cases were recorded in the 12-month period 1 October 2006 and 30 September 2007. This equates to an average of 14 cases per month. 253 FAW cases were recorded between 1 October 2005 and 30 September 2006. This equates to an average of 21 cases per month – a drop of 7 cases each month.

3. An encouraging trend identified over the past 18 months has been for the total number of cases to fall. This can be attributed to the following: -

• The launch of The Mediation Pilot Scheme as an option in dispute resolution.
• An improved central system of recording FAW cases.
• Enhanced local informal intervention.
• Improved training for managers.

Profile of staff initiating the Policy

4. Police staff (including PCSOs) make up 37% of the current workforce strength and account for 51% (85 cases) compared with 40% (102 cases) for 2005/6 of FAW cases recorded. An increase is noted in the percentage of cases from police staff but the total cases brought by police staff has dropped by 17.

5. Police officers make up 63% of the current workforce strength and account for 49% (82 cases) compared with 60% (151 cases) for 2005/6 of FAW cases. A very encouraging reduction is noted in the percentage and total number of cases registered from police officers.

Diversity Information

Gender – female black and minority ethnic police staff

6. In the 12-month period 1 October 2006 to 30 September 2007, female black and minority ethnic police staff initiated 16 FAW cases, accounting for 10% of total cases recorded. Female black and minority ethnic police staff during this period represented 5.1% of the total police workforce (compared with 13 cases for 2005/6).

7. There remains a statistical over-representation of cases recorded from female black and minority ethnic police staff. It should be noted, however, that the case numbers are very small relative to the size of the workforce – eight less cases over the year will lead to a statistical balance. In the last MPA report, the figures equated to one case per 153 female black and minority ethnic police staff – now it is one case per 155 as the total workforce percentage has increased by 0.6%.

Gender – female white police staff

8. In the 12-month period 1 October 2006 to 30 September 2007, female white police staff initiated 31 FAW cases. This accounts for 19% of the total cases recorded. Female white police staff during this period represented 15% of the total police workforce.

9. In the 12-month period 1 October 2005 to 30 September 2006, female white police staff initiated 42 FAW cases. This accounted for 17% of the total cases recorded. Female white police staff during this period represented 14.5% of the total police workforce.

10. The trend remains the same with a slight statistical over representation of cases recorded from female white police staff. It should be noted, however, that the case numbers are very small relative to the size of the workforce – six less cases over the year will lead to a statistical balance. In the last MPA report the figures equated to one case per 169 female white police staff – now it is one case per 235 as the total workforce percentage has increased by 0.25% and the total number of cases dropped this year by 11.

Ethnicity

11. In the 12-month period 1 October 2006 to 30 September 2007, black and minority ethnic police officers initiated 16 FAW cases. This accounts for 10% of the total cases recorded. Black and minority ethnic police officers during this period represented 5% of the total police workforce.

12. In the 12-month period 1 October 2005 to 30 September 2006, black and minority ethnic police officers initiated 37 FAW cases. This accounted for 15% of the total cases recorded. Black and minority ethnic police officers during this period represented 4.9% of the total police workforce.

13. A statistical over representation remains but a 57% drop in cases over the year is significant.

14. In the 12-month period 1 October 2006 to 30 September 2007, black and minority ethnic police staff initiated 34 FAW cases. This accounted for 20% of the total cases recorded. Black and minority ethnic police staff during this period represented 9.3% of the total police workforce.

15. In the 12-month period 1 October 2005 to 30 September 2006, black and minority ethnic police staff initiated 24 FAW cases. This accounted for 9.5% of the total cases recorded. Black and minority ethnic police staff during this period represented 8.7% of the total police workforce. A statistical over representation remains but, again, the figures are small compared to the workforce size. Only 16 fewer cases from police staff over the year would give a statistical balance.

Disproportional Impact

16. Monitoring of OCU dispersal of black and minority ethnic cases has revealed no significant trends or patterns that would trigger direct intervention. The drop in cases from black and minority ethnic police officers is encouraging. The HR Practice Support Team will continue to assess data for any significant trends or patterns.

Timeliness

17. Timescales remain at 28 working days to completion at each stage. The new element of a mediation service has proved to be increasingly popular and effective – it has led to a marked reduction in FAW investigations and, by definition, speedier resolutions. This service is designed to add a timely and less formal intervention to the handling of FAW cases.

18. The 28 working-day target for investigations is proving a challenge as many factors bring in unavoidable delays. During this reporting period, a new team of four dedicated FAW advisors was established. Two staff joined in April this year and two more followed in August. A key remit of this team is to impact on timeliness of FAW cases. Early results are very positive.

19. The average time for Stage 1 case completion by non-dedicated advisors in the period 1.10.06 to 30.9.07 is 86 working days. The average time for Stage 1 case completion by the dedicated team is 66 working days. This equates to an encouraging 23% time reduction.

20. The average time for Stage 2 case completion by non-dedicated advisors in the period 1.10.06 to 30.9.07 is 82 working days. The average time for Stage 2 case completion by the dedicated team is 60 working days. This equates to an encouraging 27% reduction.

Impact of Dedicated Team

21. The significant impact of the team on case turnaround has been noticed over the short time that it has been up to full strength. The dedicated team is showing a reduction of at least 20 working days (4 working weeks) on Stage 1 and Stage 2 cases. This is an average reduction in timeliness of 25% for both stages. This will be further improved as the team embeds and builds up expertise.

22. The team members perform an advisory role to non-dedicated advisors. This, in turn, will improve the expertise of all advisors and will impact on timeliness too.

23. The workload of non-dedicated advisors will drop as a consequence of the dedicated team becoming established. There will, however, be sufficient stage 1 cases and a few appeals for the non-dedicated advisors to remain active.

Location

24. All FAW cases continue to be recorded against the Operational Command Unit (OCU) of the originator. However, when originator locations are recorded it is not always a true reflection of issues at that place as, sometimes, an originator raises concerns regarding a person or policy from another location within the MPS.

25. Borough Operational Command Units (BOCUs) account for 84 or 50% of cases. Central Operations (CO) accounts for 32 or 19% of cases. Specialist Crime (SC) is next on 18 or 11% of cases followed by HR with 15 or 9% of cases.

26. The Practice Support Team (PST) has identified one Borough that is over-represented in FAW cases within Territorial Policing (TP). A joint meeting is planned for early 2008 to discuss the issues and method of intervention. The intervention is likely to focus on educating managers on leading and managing staff and demonstrating the MPS Values and Behaviours within this process.

Categories of Cases

27. Line management action continues to be the main category of FAW cases. In the current reporting period, this accounts for 33% of cases. This shows a significant reduction on the previous year’s figure of 43%. In the previous MPA report, line management action was the main issue and the analysis showed a reduction from 47% to 40% of cases.

28. Analysis shows a steady decline in FAW cases relating to line managers. A reduction from 47% to 33% over an 18-month period is significant and is a credit to the Leadership Academy in promoting MPS Values and working directly with staff through Leadership Programmes.

29. The second highest category in the current reporting year is selection and promotion procedures. These account for 14% or 23 cases. A number of these relate to the 2006 promotion process for Sergeant to Inspector. This promotion process attracted significant media attention and criticism. In the previous year, the figure for selection and promotion was 27% of cases.

30. The third category in the current reporting year is local policies. These account for 11.5% or 19 cases. In the previous year, the figure for local policies was 6 cases or 2.4%.

Case Outcome Data

31. Of the 167 cases recorded in the current reporting year, 69 were still open at stage 1 at 30 September 2007. A total of 36 cases progressed to stage 2 (appeal). Of the 98 cases complete these are the outcome results:

• 34 cases (35%) – originator agrees with findings and is satisfied.
• 13 cases (13%) – originator does not agree with findings but does not wish to appeal.
• 43 cases (44%) - originator does not agree with findings and intends to appeal (only 36 originators eventually lodged an appeal).
• 8 cases (8%) – originator withdrew.

32. In the current reporting year, 22 of the 36 appeal cases are complete. 10 of these had insufficient grounds for an appeal so only 12 were investigated and completed. Out of these 12 appeals, in three cases (25%) the originator was satisfied. The rest indicated the originator was either unhappy with the process and/or outcome. Some of these will progress to an Employment Tribunal (ET). The reality is that certain FAW cases will end up at an ET as it is expected by Tribunals that internal grievance handling processes will be exhausted before a full hearing takes place. Some staff are committed to having an ET hearing despite what the FAWP can provide for them.

33. The HR Practice Support team continue to capture organisational and local learning identified within the FAW reports. Support staff within the Practice Support Team engage with local HR units and monitor the completion of recommendations and implementation of local learning. Organisational learning is taken up directly by a Practice Manager with the relevant policy lead department.

Learning Logs

34. The capturing and subsequent dissemination of learning is pivotal to the success of the FAW process. The Practice Support Team therefore, through the use of ‘learning logs’, ensures that recommendations and learning from completed FAWs are successfully implemented

35. Highlighted below are three recent examples of where individual, local and organisation learning has been captured and successfully implemented.

1. ndividual Learning – Two separate cases resulted in two different SMT members of staff being recommended and being provided with feedback and advice on how their conduct and behaviour is perceived by staff.
2.  Local Learning – On an east London OCU, local systems to monitor completion of MSC PDRs were totally absent – the HR unit had missed this. Systems were put in place to rectify this. On a west London OCU, FAW cases were being delayed and submitted greatly in excess of the stated timescales. An intervention resulted in grievance issues becoming a standing SMT agenda item and timeliness improved as a result.
3. Organisational Learning – Two cases brought by serving officers whilst on duty on an International posting led to a complete review of the Standard Operating Procedures (SOP) involving MPS staff posted to duties abroad. As a result of the FAW investigation, gaps were identified within existing working protocols that were a potential risk to staff.

Building Capability

36. The revised FAW policy, issued in September 2006, put greater emphasis on prompt and informal local intervention. An option to move directly to mediation without lodging a stage 1 FAW case was a new option with the policy. These changes have partly led to a reduction in the number of formal cases recorded.

37. Mediation has been used on 24 occasions during this reporting year and the results are as follows:

• 18 cases classed as successful (75% success rate)
• 3 cases unsuccessful.
• 3 cases ongoing.

38. During the previous year, mediation was used on nine occasions but it was only launched part way during this period.

39. Mediation is seen to be such a successful option to conflict resolution that another 50 mediators are currently being selected. Successful candidates will be trained in 2008.

40. A number of initiatives have already been mentioned which have equipped staff to better manage people issues and conflict in the workplace. Other activity includes:

• The Leadership Academy first and second line managers’ Leadership Modules.
• The Human Resource Manager (HRM) Development Programme. Two modules within this programme are delivered by the PST and the Department of Legal Services (DLS) – both cover effective grievance handling.
• The Transforming HR additional training delivery to first and second line managers.

41. The dedicated team of four FAW advisors will, as previously stated, continue to impact on timeliness, build on local and organisational learning and professionalise FAW case handling.

42. The Practice Support Managers continue to work closely with the Employment Tribunal Performance and Learning Manager to identify trends and patterns leading to an intervention.

43. A ‘refresher’ training day for non-dedicated FAW advisors is planned for February 2008. Staff from Legal services, Mediation and the Dedicated Team will all take part in the day.

44. A newsletter is produced by the Practice Support team on FAW best practice and updates. This is sent to HR managers every 3 months and place on the relevant HR website.

C. Race and equality impact

1. The FAWP is complementary to the MPS Values and Behaviours. In addition, it supports the concept of equality of opportunity, dignity at work and respect. The FAWP is the vehicle to inform the MPS of improvements and learning in working with and managing staff. This all contributes to helping make the MPS a safer place to work and a key employer of choice.

2. The Practice Support Team in early 2008 will embark upon a wider research project with other stakeholders within the MPS including the Directorate of Professional Standards and the Diversity and Citizen Focus Directorate. Looking at the whole discipline and FAW arena, this research project will focus primarily on the issues of disproportionality.

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 Practice Support Team and Geoff Brydon, Fairness at Work Advisor.

For more information contact:

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

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