Final Report of the Morris Inquiry: The Case for Change
Final Report of the Morris Inquiry: The Case for Change
Final Report of the Morris Inquiry: The Case for Change
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PEOPLE ISSUES<br />
external conciliation service, such as ACAS. ACAS … could provide a valuable independent<br />
step. <strong>The</strong>re might be o<strong>the</strong>r bodies which could also provide such a facility.”<br />
(Submission from AC Bernard Hogan-Howe, MPS.)<br />
4.114 We are, however, not attracted to <strong>the</strong> idea. We strongly believe that<br />
managers should be responsible <strong>for</strong> resolving grievances. We think <strong>the</strong> best way <strong>for</strong><br />
<strong>the</strong> MPS to deal with grievances is to enable managers to own and resolve <strong>the</strong>m<br />
quickly on <strong>the</strong> ground by providing <strong>the</strong>m with a sound grievance procedure and<br />
proper support, ra<strong>the</strong>r than bringing in outsiders such as ombudsmen, or even<br />
insiders such as FAWAs.<br />
4.115 Staff confidence in both <strong>the</strong> procedures and those who are responsible <strong>for</strong><br />
applying <strong>the</strong>m is crucial. We believe that <strong>the</strong> way to create that confidence is <strong>for</strong><br />
managers to be seen to manage fairly and transparently, treating issues that arise<br />
on <strong>the</strong>ir merits. We are, <strong>the</strong>re<strong>for</strong>e, not persuaded by <strong>the</strong> arguments proposed in<br />
favour <strong>of</strong> an ombudsman.<br />
4.116 Note 4 to our terms <strong>of</strong> reference ask us specifically to consider <strong>the</strong> use <strong>of</strong> an<br />
internal ombudsman. <strong>The</strong> evidence we have referred to above deals solely with an<br />
external ombudsman. However, <strong>the</strong> reasoning we have used to reject <strong>the</strong> notion <strong>of</strong><br />
an external ombudsman applies with equal <strong>for</strong>ce to an internal one.<br />
Employment Tribunal claims<br />
4.117 We would emphasise <strong>the</strong> need to adopt strategies to attempt to resolve<br />
issues be<strong>for</strong>e <strong>the</strong> employee feels he or she needs to take legal proceedings, whe<strong>the</strong>r<br />
that is through a sound grievance procedure, mediation or some o<strong>the</strong>r route.<br />
4.118 However, it may not always be possible to avoid an Employment Tribunal<br />
claim and it is important that <strong>the</strong> lodging <strong>of</strong> <strong>the</strong> claim does not mean that those<br />
involved focus on handling <strong>the</strong> legal proceedings, to <strong>the</strong> exclusion <strong>of</strong> continuing to<br />
attempt to resolve <strong>the</strong> issues involved. We endorse <strong>the</strong> following extract from<br />
Learning <strong>the</strong> Lessons from Employment Tribunals, a joint publication from <strong>the</strong> Home<br />
Office, <strong>the</strong> Police Federation, ACPO and <strong>the</strong> PSAEW, which was published during<br />
<strong>the</strong> course <strong>of</strong> <strong>the</strong> <strong>Inquiry</strong>:<br />
“By asking an Employment Tribunal to determine a workplace dispute a Force will have failed<br />
its work<strong>for</strong>ce. Although people appear be<strong>for</strong>e an Employment Tribunal in order to get an<br />
acknowledgment that <strong>the</strong>y were right, <strong>the</strong>re are no real winners. Appearing at an Employment<br />
Tribunal is a traumatic experience <strong>for</strong> all concerned, and is costly in terms <strong>of</strong> money, publicity<br />
and careers … <strong>The</strong>re should be a duty on everyone to come to <strong>the</strong> table to resolve complaints.”<br />
4.119 It is also important to understand what an Applicant may be seeking by way<br />
<strong>of</strong> resolution. It is sometimes assumed that <strong>the</strong> motivation <strong>for</strong> lodging a claim is<br />
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