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Final Report of the Morris Inquiry: The Case for Change

Final Report of the Morris Inquiry: The Case for Change

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THE CASE FOR CHANGE<br />

increased chance <strong>of</strong> resolving <strong>the</strong> dispute where <strong>the</strong> parties actively<br />

communicate with each o<strong>the</strong>r. <strong>The</strong> tendency to get on with preparing<br />

<strong>the</strong> Tribunal case and to abandon fur<strong>the</strong>r settlement discussions should<br />

be resisted.<br />

● Does <strong>the</strong> Applicant simply want an apology? In a number <strong>of</strong> <strong>the</strong> cases we<br />

looked at, <strong>the</strong> Applicant made it clear from <strong>the</strong> outset that he or she was<br />

merely seeking an apology. It is not possible to lodge a claim simply to<br />

obtain an apology. <strong>The</strong>se cases might have been settled earlier and more<br />

economically if management had been prepared to admit to errors and<br />

apologise. We found evidence <strong>of</strong> <strong>the</strong> ‘blame culture’ we have referred to<br />

elsewhere in this report.<br />

● Learning lessons from Employment Tribunal cases. We consider that it would<br />

be helpful to <strong>the</strong> MPS if a pro <strong>for</strong>ma were to be kept recording <strong>the</strong> reasons<br />

<strong>for</strong> settlement. <strong>The</strong>re is a need to monitor management practice and<br />

responses to workplace conflicts to ensure that proper steps are taken to<br />

resolve disputes at an early stage. In addition, where things go wrong<br />

(which is inevitable) lessons can be learnt. Annual reviews <strong>of</strong> trends and<br />

lessons to be learnt from Employment Tribunal cases should become<br />

common practice within <strong>the</strong> MPS. We are greatly encouraged by <strong>the</strong> MPS’<br />

response that <strong>the</strong>y already do this.<br />

4.138 We are asked in note 5 to our terms <strong>of</strong> reference to consider “whe<strong>the</strong>r<br />

<strong>the</strong>re should be arrangements <strong>for</strong> employment tribunal claims, particularly those involving<br />

allegations <strong>of</strong> discrimination or harassment, to be subject to independent review as part<br />

<strong>of</strong> <strong>the</strong> MPS handling <strong>of</strong> such cases, in order to encourage and facilitate ef<strong>for</strong>ts to achieve<br />

resolution by agreement.”<br />

4.139 While we have not received extensive evidence on this point, we are firmly<br />

<strong>of</strong> <strong>the</strong> view that <strong>the</strong> MPS should manage its own disputes and problems without<br />

involving external assistance. We are, <strong>the</strong>re<strong>for</strong>e, not persuaded that external review<br />

would assist <strong>the</strong> organisation in <strong>the</strong> long term.<br />

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