Final Report of the Morris Inquiry: The Case for Change

THE CASE FOR CHANGE
process without the concern that discussions will be referred to in any subsequent
employment tribunal proceedings.”
4.107 We can see some advantage in a ‘no notes’ procedure in relation to
mediation discussions but we can also see disadvantages with disputes over who
said what occurring later in the Employment Tribunal. We think that it should be
left to the parties to the particular mediation to agree a ‘no notes’ procedure if they
consider it appropriate.
4.108 We do, however, consider that there would be an advantage in extending the
protection under the Employment Tribunals Act 1996 formally to mediation discussions.
We recommend that the Department of Trade and Industry gives
consideration to a specific provision extending the protection afforded to
discussions involving ACAS to discussions that take place between the parties
at a mediation so that the discussions become privileged.
Ombudsman
4.109 It has also been suggested that the grievance procedure would benefit from
the referral of issues not capable of early resolution “to an outside body, independent
of the Service, for swift resolution by either mediation or a determination binding on both the
complainant and the person complained against.”
(Submission from the Commissioner, Sir John Stevens)
4.110 The MBPA argues for the introduction of an ‘ombudsperson’ and suggests
that he or she would receive referrals from the FAW Co-ordinator during or after the
FAW procedure. The ombudsperson would complete a report with recommendations
and this will be made available to the Co-ordinator and his or her team. It would also
be available to the parties but only after the FAW procedure has been concluded.
4.111 The MBPA does not believe that the majority of cases would be referred to
the ombudsperson but only exceptional cases. No party would be obliged to follow
his or her recommendations.
4.112 The argument seems to be that, by going outside the MPS, to an
ombudsman figure, the parties would be involving an independent person who
could recommend a resolution.
4.113 Mr Hogan-Howe suggested such an arrangement to deal with the
perception of a lack of independence in FAW:
“This could be overcome by augmenting the standard Fairness at Work arrangements with the
potential for referral to either an external figure such as an ombudsman or a recognised
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