Employment tribunals/fairness at work

03/08
27 February 2008
MPA briefing paper

Author: Margaret Kelly, Performance and Learning Manager, HR ET Unit, MPS

This briefing paper has been prepared to inform members and staff. It is not a committee report and no decisions are required.

Background

1. This report contains data from 2005/2006 to the first six months of 2007/08 on the numbers of police officers and police staff who have initiated Fairness at Work (FAW) cases related to Employment Tribunal (ET) claims. Details are provided of the requirements under the statutory grievance procedure for police officers and staff.

2. The regular report to the Professional Standards & Complaints Committee (PSCC) on 18 January 2008 contained management information and performance analysis on employment tribunal (ET) claims brought against the Commissioner in the period April 2007 to September 2007. The data and trends were compared to those of the financial year 2006/07. A report was also presented containing management information and performance analysis in respect of the Fairness at Work Policy.

3. It was noted that the numbers of ET claims had risen in the last six months whereas over the last 18 months there had been a significant reduction in the total numbers of Fairness at Work (FAW) cases.

4. During the presentation of the ET report additional information was provided to the members on some analysis that had been undertaken of ET claims over the last two and a half years to identify whether police officers and staff who had lodged ETs had also raised FAW cases on the same issue. Members requested a briefing note detailing the relevant figures.

5. The total numbers of ETs lodged by police officers, police staff and members of the public since 2005/06 are detailed in Table 1 below. Table 2 details ET claims/FAWs lodged by police officers and Table 3 for police staff.

Table 1: Total numbers of ETs lodged by police officers, police staff and members of the public

Table 2: ET claims/FAWs lodged by police officers

6. The data in Table 2 shows that although there was a fall in the number of police officers raising FAW cases in 2006/07 there had been an increase (in percentage terms) in the first six months of 2007/08.

Table 3: ET claims/FAWs lodged by police staff

7. The data in Table 3 for April – September 2007 indicates a reduction in percentage terms in the number of police staff raising FAW cases prior to lodging an ET claim. It should be noted that this period includes one multiple ET case (where 12 claimants lodged 13 age discrimination claims relating to the same issue on one borough). These claimants initiated the FAW Policy but a decision was made that the issues fell outside the scope of the process. These cases were therefore closed down and were not included in the FAW cases total for that period. If one were to disregard this multiple claim, the proportion of ETs with a related FAW would be approximately 50%.

8. The Employment Act 2002 (Dispute Resolution) Regulations 2004 places an obligation on employees to raise any grievances they have with their employer before they can pursue their concerns through an employment tribunal. There is no requirement for the employee to raise a grievance if the employer has dismissed or is contemplating dismissing the employee. (These cases are covered by the statutory dismissal and disciplinary procedures.)

9. The Employment Act 2002 (Dispute Resolution) Regulations 2004 do not apply to police officers.

10. Any member of MPS personnel who feels that they have not been treated fairly or appropriately by a colleague, manager or other member of the MPS are strongly encouraged to use the FAW Policy. Where the issue however raises concerns on a matter appertaining to an existing MPS policy or procedure, any appeal machinery of that policy must be used in preference to the FAW Policy. For example, the policy cannot be used for matters that fall within the parameters of the disciplinary or inefficiency procedures.

11. Accordingly, the FAW Policy would not be initiated, for example, prior to ET claims being lodged in relation to unfair dismissal claims (police staff only), claims relating to promotion and selection issues, and a range of other matters which fall outside the scope of the FAW process.

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