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Final Report of the Morris Inquiry: The Case for Change

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EXECUTIVE SUMMARY AND RECOMMENDATIONS<br />

to our consideration <strong>of</strong> <strong>the</strong> MPS’ Fairness at Work procedure, which replaced <strong>the</strong><br />

previous grievance procedure.<br />

1.16 We consider that <strong>the</strong> Fairness at Work procedure is fundamentally flawed in a<br />

number <strong>of</strong> ways. Firstly, <strong>the</strong>re is concern about <strong>the</strong> impartiality <strong>of</strong> <strong>the</strong> Fairness at<br />

Work Advisors and, secondly, <strong>the</strong> Advisors can only give advice; <strong>the</strong>y do not have<br />

<strong>the</strong> power to resolve <strong>the</strong> issue, except where <strong>the</strong> parties agree. In addition, we are<br />

concerned at evidence which indicates that, in some cases, people wishing to raise<br />

a Fairness at Work issue have not been allowed to invoke <strong>the</strong> procedure.<br />

1.17 Managers must take responsibility <strong>for</strong> managing and resolving workplace<br />

disputes. We favour a grievance procedure based on <strong>the</strong> recent ACAS Code <strong>of</strong><br />

Practice on Disciplinary and Grievance Procedures to cover all workplace conflicts.<br />

1.18 We are also in favour <strong>of</strong> <strong>the</strong> increased use <strong>of</strong> mediation and note <strong>the</strong> work <strong>the</strong><br />

MPS is already undertaking in this area. We recommend that <strong>the</strong> MPS examines<br />

best practice elsewhere and ensures that this in<strong>for</strong>ms <strong>the</strong> organisation’s own<br />

approach to mediation.<br />

1.19 <strong>The</strong> final recommendation we make in this area is directed at <strong>the</strong> Department<br />

<strong>of</strong> Trade and Industry, which is <strong>the</strong> Government department responsible <strong>for</strong><br />

Employment Tribunals. <strong>The</strong> Employment Tribunals Act 1996 ensures that<br />

discussions with a conciliation <strong>of</strong>ficer during <strong>the</strong> course <strong>of</strong> a mediation process<br />

cannot be used in evidence be<strong>for</strong>e an Employment Tribunal. We consider that it<br />

would be very helpful if this protection were to be extended to discussions between<br />

<strong>the</strong> parties to a mediation process. We consider that this would act as an incentive<br />

to <strong>the</strong> greater use <strong>of</strong> mediation and thus, we hope, to earlier resolution <strong>of</strong><br />

workplace disputes.<br />

Managing Difference<br />

1.20 We have heard much about <strong>the</strong> approach <strong>of</strong> <strong>the</strong> MPS to ‘diversity’. Indeed, it<br />

dominated <strong>the</strong> evidence we received. We appreciate that extensive work has been<br />

undertaken in developing <strong>the</strong> policies <strong>of</strong> <strong>the</strong> MPS in this area and in trying to<br />

implement <strong>the</strong>m across <strong>the</strong> organisation.<br />

1.21 However, we were left with <strong>the</strong> concern that <strong>the</strong>re is no common<br />

understanding <strong>of</strong> diversity within <strong>the</strong> organisation and that it is not embedded in<br />

<strong>the</strong> culture <strong>of</strong> <strong>the</strong> MPS. We fear that it remains, at worse, a source <strong>of</strong> fear and<br />

anxiety and, at best, a process <strong>of</strong> ticking boxes.<br />

1.22 We fear that some <strong>of</strong> <strong>the</strong> ef<strong>for</strong>ts <strong>the</strong> MPS has made to promote <strong>the</strong> message<br />

<strong>of</strong> diversity across <strong>the</strong> organisation have been counterproductive and that <strong>the</strong><br />

organisation may now be seeing <strong>the</strong> beginnings <strong>of</strong> a backlash. This would be<br />

13

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