Reassurance on the engagement framework with workplace representatives within the MPS (a professional assessment of the environment relations contract)

65/11
16 September 2011
MPA briefing paper 65/2011

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

Summary

1. At the meeting of the Human Resources and Remuneration Sub - Committee on 14 July 2011, the committee were informed of the current employee relations challenges facing the MPS. In summary the paper referred to the ‘mood music’ shifting into anxiety and frustration from workplace representatives and their members around the amount and pace of change against a back drop of, Pay Freeze and external reviews into pay and conditions discussed in the Winsor and Hutton Reviews.

2. This briefing report seeks to provide reassurance around the framework to enable timely and positive engagement with workplace representatives and to provide a professional assessment on the employment relations climate.

Principles of engagement

3. The MPS ethos for engagement with all workplace representatives is underpinned by the following guiding principles which accords with the ACAS guidance for good employee relations.

• directing the focus and energy of partnership outward towards delivering a quality policing service to the people of London;
• developing trust through clear and effective communication;
• joint commitment to the success of the MPS;
• developing the MPS as an organisation that values its diversity and strives to differentiate between individuals solely on the basis of their competence;
• enhancing motivation and commitment at work by a commitment to the personal development of individuals;.
• encouraging a flexible workforce through supporting initiatives such as job sharing and part-time working; and
• respecting each other and the respective institutions, cultures and reputations

Engagement framework

4. The working relationship with each of the constituent representative bodies is contained in separate agreements:

• Trade Union Side - A document entitled ‘The Partnership Agreement’ signed by both TUS and Management Board which describes meeting structures, negotiation, information and consultation arrangements for terms and conditions including people policies..
• Police Officer Associations - Police Advisory Board (PAB) and Police Negotiating Board (PNB) which are both chaired by an independent member for all matters relating to terms and conditions. Within the MPS there are memorandums of understanding with each of the police officer associations which describe roles and responsibilities between individual representatives and the MPS around their performance management and welfare whilst holding office.
• SAMURAI - Whilst this body does not have any ‘statutory’ recognition rights, they are afforded the same consultation and communication protocols with management. Each association has it’s own constitution and a memorandum of understanding which describes roles and responsibilities between individuals and the MPS as well as performance management and welfare whilst holding office.

5. All of the above have a regular formal and informal meeting structure with Management Board members. Due to the significant amount of change and recent challenges facing the MPS, extraordinary meetings have been arranged with all of the associations over the last few months ‘outside of business as usual’ The purpose of these meetings has been to ensure timely and prompt communication and to guage the mood music of the associations. The most recent example has been the meeting between Management Board and the Police Officer Associations on 24th August to discuss the disorder in London (Operation Kirkin) and inviting the associations to reflect on their members experiences, acknowledge the efforts of all those involved and capture organisational learning.

6. All the associations have a blend of full time representatives as well as lead and local representatives who all have a percentage of ‘facility time’ to use away from their primary role on association duties.

Please see appendix 1 for the Escalation protocol for Employment Relations

Building on the engagement framework.

7. Both the MPS and the associations share a pivotal common objective, which is to minimise the risk of conflict in the workplace and the inherent employment issues that conflict attracts. Over the last few years, MPS has invested in the training and continuous professional development of 180 Worklife Balance Advisors and 129 FAW advisors and trained mediators. These individuals attend annual conferences with corporate HR and are acquainted with recent changes in people policies and techniques for conflict handling. The aim is to support the partnership arrangements described above by building capacity to facilitate local and timely intervention on employment issues. This network enables intervention in the ‘drama before the crisis’.

8. HR has also implemented access to a tool-kit on peoplepages which signposts the user to relevant contacts, policies and operating procedures within the employee relations sphere as well as links to relevant units where support and guidance can be sought. This site was developed taking into account issues raised by the associations.

This over-arching framework is particularly useful for employees and managers who wish to gain a better understanding of the structures in place for engagement with the representative bodies, both locally and corporately. The aim of this site is to be able to:

• Prompt and or enable a line manager to ask - Who do I need to talk to about what and when?
• Prompt and enable a member of staff to ask - who can I talk to about this?

Professional Assessment of the current Employee Relations environment.

Police Officer Associations

9. The Commissioner and Management Board have discussed aspects of the Winsor Review with the Police Officer associations. These discussions are premised on the understanding that they are held to understand and influence each others perspectives but realising that all such matters are under the remit of PNB. Management Board are committed to keeping the Police Officer associations sighted on any new or emerging information which has any relevance for the terms and conditions of their members. This has helped to maintain trust and a positive relationship.

10. There is a raised tension indicator regarding the impact on police operations following the recent events in London and the ongoing deliberations by the Police Appeals Tribunal regarding the Winsor recommendations. The review is in two parts, the first proposes a number of changes to existing payments and allowances payable to officers from September 2011.

11. A letter was sent from the Metropolitan Police Federation to the Deputy Mayor on 23 August 2011 asking for a meeting to discuss the role of the independent police arbitration tribunal (due to meet sometime in October 2011) and asking for resistance to any intervention by the Home Secretary to impose the Winsor Recommendations outside of this process.

12. The MPS Police Officer Associations acknowledge the need to review terms and conditions, and to ensure they are appropriate in a modern organisation but also want to mitigate the financial implications for those officers likely to be the most affected. Management have addressed this concern by supporting a recent initiative working alongside the Police Mutual Assurance Society to provide support mechanisms around financial education and awareness.

13. The relationship between MPS and their police officer associations continues to be mutually productive and positive and the recent efforts in the London disorder exemplified this with officers volunteering to resume from annual leave and attend work, as well as the number of officers who worked tirelessly to support Operation Kirkin. The PeopleServices Advisory Service also received over 100 calls from retired police officers asking if their voluntary services were required.

14. The professional assessment therefore of this aspect of MPS employment relations environment is that locally within the MPS, engagement is working but this is going to be severely tested towards the end of the year with the outcome of either the independent arbitration and or Home Secretary consideration as well as the judicial review outcome into police officer pension reform. There is no evidence of divergence of response between the police officer associations and rank and file officers. The MPS has an escalation protocol for police officer associations which is attached at appendix 1.

Police Staff - Trade Unions

15. There is a raised tension indicator with the Trade Union Side regarding the current early departures of police staff and proposed reforms to existing terms and conditions.

16. The Remuneration committee were informed that whilst Winsor makes recommendations for changes to pay, terms and conditions of police staff, Management Board had already agreed in principle to a 3 year programme of savings under a SIP to commence in 2011 - 12 with a cumulative saving of some 22.3m to be achieved by 2013-14.

17. Since the remuneration committee met in July, Prospect and Union disengaged from pay talks.

Management Board have agreed with the Trade Union Side that a measured approach will be adopted in achieving these savings. This has in effect removed the fear by the TUS of a ‘big bang’ approach to their members take home pay (by removing enhancements for week end working (premium pay) The measured approach will enable business led activity in achieving change. Prospect have now re-engaged with pay talks and Unite Union are due to meet with the pay team on 2 September 2011.

18. The focus remains to achieve reform by modernising terms and conditions and withdrawing out-of-date allowances. Details of these were requested by the remuneration committee. They are:

• Civilian Flight Observer Allowance
• Landline and Calls Telephone Allowance
• Footwear Allowance
• Staff Sent Home after Midnight Allowance
• Sleeping in the Office Allowance
• Finger Printing./ Searching Dead Bodies Allowance
• Typing Proficiency Allowance
• Language Allowance
• Supervisory Allowance
• Automatic Data Processing Allowance

The total cost of the above allowances is £400,182

19. Another raised tension indicator has been the ongoing implementation of the Early Departure Scheme which has so far has resulted in 405 voluntary departures from phase 1, 462 from phase 2A, and some 210 in phase 2B. Phase 2C commenced in July with an anticipated departure of 50 staff and the same number is predicted for phase 2D.

20. Unite and Prospect Union recently disengaged from the corporate consultation meetings on these departure schemes asserting that they had concerns about the scale of departures and the business planning proposals in relation to the SIP programmes. The Director of Professional Services will be meeting with Unite on 7th Sept as a basis for facilitating their re-engagement.

21. All the Trade Unions would like to secure an agreement from the MPS not to enforce any compulsory departures. The MPS response remains the same in that we are committed to avoiding compulsory departures. It is inevitable with the scale of the police staff departures as well as proposed impact on terms and conditions, the MPS relationship with the unions is strained. However it is acknowledged by the Unions that all of the above departures have been achieved on a voluntary basis. This coupled with the measured approach to reform of terms and conditions has helped us to maintain dialogue and re-engage with Unite and Prospect.

22. The recent industrial action across the public sector impacted on the MPS with regard to PCS members. Whilst PCS took part in the strike action, the PCS National Officer and their MPS Group President worked constructively with the MPS to ensure responsible conduct with regard to operational matters. Whilst the other unions did not ballot for industrial action, they also worked collaboratively with the MPS to ensure the same.

23. The professional assessment therefore of this aspect of MPS employment relations environment is that locally within the MPS, engagement is working but this is going to be severely tested in the towards the end of the year with the outcome of either the judicial reform on pension reviews for police staff which is due to be heard on 25-27 October 2011 and or any compulsory departures that may have to be effected. There is no evidence of divergence of response between the Trade Union Side and their members. The MPS has an escalation protocol for police staff associations which is attached at appendix 1.

SAMURAI - Staff Support Associations

24. As discussed above, SAMURAI do not have any statutory recognition but do have similar information and consultation arrangements as the statutory bodies above. This representative body recently transferred to the Deputy Commissioners Portfolio and their meetings are chaired by the Deputy Commissioner.

25. The primary focus of the staff associations known collectively as SAMURAI is on Recruitment, Retention and Progression of under represented groups. The MPS has engaged with the associations regarding the early departure schemes which are all subject to an Equality Impact Assessment. The associations have contributed to the development of outplacement workshops for staff.

26. From an employment relations perspective regarding terms and conditions and the purpose of this paper. SAMURAI interests are represented under the respective statutory organisations who own the collective bargaining rights.

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