Fairness at work policy

Report: 9
Date: 10 July 2008
By:  Director of Human Resources on behalf of The Commissioner

Summary

This regular report to the MPA Professional Standards and Complaints Committee contains management information and performance analysis in respect of the Fairness at Work Policy (FAW). It provides statistical data in respect of matters raised through the FAW and concentrates on cases submitted in the financial year 1 April 2007 – 31 March 2008.

Trends and data are compared to the financial year 1 April 2006 - 31 March 2007. Most notably, the report notes the success of Mediation, which is up from 70% to 87%, FAW cases have increased by 61. Appeal case handling timeliness has improved significantly by an average of 25%.

This report also contains an update on work achieved by HR to ensure individual, local and organisational learning from FAWs is captured and implemented. A section within the report is dedicated to the positive impact of ‘Learning Logs’.

A. Recommendations

That Members note the report

B. Supporting information

1. The Fairness at Work Policy (FAW) is overseen by the HR Practice Support Team (PST). A specialist team (Focus Desk 2) advise on conflict management and oversee the implementation of recommendations and outcomes of FAW cases. Locally, Human Resources (HR) units manage FAW cases mainly at Stage 1. The HR dedicated team of FAW advisors deal with most appeals (Stage 2) and complex Stage 1 cases.

New FAW Cases

2. The number of recorded FAW cases has risen. An increase of 61 cases (up 46.6%) is noted in the 12-month period 1 April 2007 to 31 March 2008. A total of 192 cases were recorded. This equates to an average of 16 cases per month. In particular:

• 192 cases indicate that less than 0.5% of the total workforce lodged a workplace grievance.
• 131 FAW cases were recorded in the previous year - an average of 11 cases per month. The rise equates to an extra 5 cases per month.
• Factors for an increase this year include:
• Cases with multiple originators – one case this reporting year had 13 originators. If this case was recorded as a single matter the increase is reduced by nearly 10% to 37%.
• The Department of Legal Services (DLS) advised the PST that a wide interpretation is now to be taken of what is defined as FAW. Notably any written grievance should be recorded and actioned as such.
• Wider publicity of FAW through HR forums and training days for local advisors.
• Staff have greater confidence in the FAW process (see para 28)

Profile of staff initiating the FAW process

3. Police staff (including PCSOs) make up 37% of the current workforce strength and account for 55% (106 cases) compared with 41% (54 cases) in 2006/07. A significant increase is noted in the number of cases raised by police staff. The majority of cases are raised by staff in Band E or D posts (most police staff are employed in these bands). 11 cases were raised by PCSOs – this is up from 3 cases in the previous year.

4. Police officers make up 63% of the current workforce strength and account for 45% (86 cases) compared with 59% (77 cases) in 2006/07. A reduction is noted in the percentage of cases raised by police officers albeit the total number of cases has risen by 11.

Diversity Information

Gender – female black and minority ethnic police staff

5. In the 12-month period profiled, female black and minority ethnic police staff initiated 20 FAW cases, accounting for 10.5% of total cases recorded. Female black and minority ethnic police staff during this period represented 13.7% of the total police-staff workforce. 11 cases were recorded the previous year.

6. Encouragingly there appears to be no issues of disproportionality amongst this group.

Gender – female white police staff

7. In the 12-month period profiled, female white police staff initiated 37 FAW cases. This accounts for 19% of the total cases recorded. Female white police staff during this period represented 39% of the total police-staff workforce.

8. In the previous year female white police staff initiated 21 FAW cases. This accounted for 11% of the total cases recorded.

Ethnicity

9. In the 12 -month period profiled, black and minority ethnic police officers initiated 19 FAW cases. This accounts for 10% of the total cases recorded. Black and minority ethnic police officers during this period represented 8.2% of the total police-officer workforce.

10. In the previous year black and minority ethnic police officers initiated 12 FAW cases. This accounted for 9% of the total cases recorded.

11. Positively although still statistically over represented there has been a year on year reduction and 2 fewer cases from black and minority police officers would have provided a statistical balance this year.

12. In the 12-month period profiled black and minority ethnic police staff initiated 39 FAW cases. This accounted for 20% of the total cases recorded. Black and minority ethnic police staff during this period represented 24.8% of the total police-staff workforce.

13. In the previous year black and minority ethnic police staff initiated 18 FAW cases. This accounted for 14% of the total cases recorded. Although there is recognition statistically of an increase in the number of cases, this trend is being closely monitored by the PST. However, positively as a group, black and ethnic minority police staff are not over represented.

Disproportional Impact

14. Monitoring of OCU handling of black and minority ethnic cases, PCSOs or disabled staff has revealed no significant trends or patterns that would trigger direct intervention. The HR Practice Support Team will continue to assess data for any significant trends or patterns.

Timeliness

15. Timescales remain at 28 working days to completion at Stage 1 and Stage 2. The existing element of a mediation service continues to be popular and effective. This service enables a timely and less formal intervention to the handling of FAW cases.

16. The 28 working-day target for investigations is a challenge as many factors bring in unavoidable delays. In 2007 a team of four dedicated FAW advisors was established within the PST. From the outset the impact of this team was very positive. This year they have concentrated on appeals and complex and entrenched cases at Stage 1.

17. The average time for Stage 1 case completion by non-dedicated advisors is 89 working days. The average time for Stage 1 case completion by the dedicated team is 98 working days. In the last MPA report the results were 86 days and 66 days respectively. (see para 28)

18. At Stage 2 the average time for case completion by non-dedicated advisors is 62 working days. The average time for case completion by the dedicated team is 43 working days. Both sets of advisors have improved significantly– by 24% and 28% respectively.

Impact of Dedicated Team

19. The significant impact of the team on case turnaround was noticed since it was fully resourced in August 2007. The dedicated team has worked to full capacity this year.

20. A key component of the dedicated team is to provide support, advice and guidance to non-dedicated advisors. They during this period have also mentored a number of non-dedicated advisors. This, support has enhanced the requisite skill-set of advisors and will impact on case timeliness over the forthcoming year.

21. The PST has developed a strong network of non-dedicated advisors who manage most of the less contentious Stage 1 cases.

Location

22. 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.

23. The Practice Support Team (PST) continues to work with one Borough that is over-represented in FAW cases within Territorial Policing (TP). The PST are supporting managers in interventions to address the underlying factors, this includes engagement with the trade union side.

Categories of Cases

24. First line management action continues to be the main category of FAW cases. In the current reporting period this accounts for 31% of cases. The previous year’s figure was 30%.

25. The second highest category in the current reporting period is behaviour by colleagues. These account for 10% of cases. This category has replaced from last year issues concerning selection and promotions. (See Para 33)

26. Concerns with local policies are now the third main category of FAW cases and account for 9% of total cases. This has reduced from 11.5% in the previous year.

Case Outcome Data

7. FAW cases fall into three outcome categories: A – the originator is satisfied, B – the originator does not agree with the findings but accepts them and takes the matter no further and C – the originator does not agree with the findings and takes the matter further (appeal). The results for this year are as follows:

• The Dedicated Advisor Team – achieved 42% of case outcomes at either A or B.
• Non- Dedicated Advisors – achieved 31% of case outcomes at either A or B.

Although the dedicated team have not been fully operational for twelve months, it is clear that they are achieving higher customer resolution / satisfaction levels than their non-dedicated colleagues. This success is particularly significant considering a higher level of complexity of cases undertaken by the dedicated team. It is envisaged that through the work that the dedicated team are now undertaking with the non-dedicated team this margin of resolution / satisfaction between the two will be reduced.

Learning Logs

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

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

• Individual Learning – Several cases have been processed whereby individuals have been perceived as being overbearing (see case category section). Where behaviour is considered to be overbearing but not disciplinary, the individual is seen by a line manager and the MPS Values and Behaviours are revisited to remind them of their responsibilities as effective members of the MPS.
• Local Learning – An OCU revised a local system whereby staff that join with special needs or requiring workplace adjustments under the DDA have them electronically recorded. This learning arose out of a case whereby a police recruit had his personal workplace DDA specific needs passed to the Borough by telephone from Training School. This information was subsequently lost. The PST are working with the Transforming Human Resources Team to ensure that this becomes a future feature within their Management Information IT based solution.
• Organisational Learning – A corporate FAW leaflet has been produced and distributed to HR managers for dissemination to potential FAW originators. This learning was identified in a number of cases. If originators of cases had been aware from the outset of grievance options (and what exactly can be achieved by the FAW), then matters might have taken a different course. For example, the matter could have moved directly to mediation.

30. A multi- originator case within TP led to all Boroughs being required to follow a Local Consultation Framework to manage significant change projects.

31. Due to a number of FAW cases linked to promotion processes this year a review of the Police Promotion Standard Operating Procedure (SOP) has been completed. This has provided a more aligned and corporate approach in the management of promotion appeals. This success is demonstrated at Paragraphs 24 – 26 where promotions no longer feature as one of the top FAW concerns.

32. One case led to the MPS considering clarifying how modified officer safety training applies to staff on recuperative or restricted duties.

Building Capability

33. The revised FAW policy, issued in September 2006, placed 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 within the policy.

34. Mediation has been completed on 15 occasions during this financial year and the results are as follows:

• 13 cases classed as successful. (87% success rate)
• 2 cases unsuccessful.

35. During the previous year mediation was used on 20 occasions achieving a 70% success rate.

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

37. The Practice Support Managers continue to work closely with the Employment Tribunal Performance and Learning Manager to identify trends and patterns leading to positive interventions.

38. Two ‘refresher’ training sessions were held for a total of 30 non-dedicated FAW advisors in February 2008. Staff from Legal Services, Mediation and the Dedicated Team took part in the day. Following on from this success another event is planned for later this year.

Acronyms and Abbreviations:

FAWP

Fairness at Work Policy

DLS

Department of Legal Services

OCU

Operational Command Unit

PCSO

Police Community Support Officers

PST

HR Practice Support Team

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 has embarked upon a wider research project with other stakeholders within the MPS including the Directorate of Professional Standards and the Diversity and Citizen Focus Directorate. Disproportionality within discipline processes has been recognised amongst BME PCSOs – this work will be complete in the autumn of 2008.

D. Financial implications

There are no specific financial considerations arising from this report.

E. Background papers

None

F. Contact details

Report authors: Geoff Brydon T/Practice Manager, MPS,  Simon Hockley – Practice Manager, MPS and. Darren Bird – Assistant Director Practice Support Team, MPS.

For more information contact:

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

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