FAIR TREATMENT SUITE

London Council’s Pay and Employee Relations Network

9 September 2009

Lesley Clarke, HRD Strategy Manager

‘Fair Treatment’ suite – what is it?

A collection of 3 procedures and toolkits for managers covering:

•Dignity at Work - staff grievances and harassment

claims

•Capability - underperformance and sickness absence

issues

•Conduct - misconduct including behavioural

misconduct

Fair Treatment Suite – what we used to have

A collection of 6 policies and procedures for managers covering:

•Grievance procedure

•Harassment procedure

•Capability procedure – covered underperformance only

•Absence procedure

•Disciplinary Procedure

•Probationary procedure

The other issues

• IDeA Peer Review in 2007 – continuous improvement, consistency (in management decision-making) and culture change

•Inconsistencies in process between procedures

•User-friendliness – some had detailed guidance, some did not – felt as if you were caught up in a complex process

•Not enabling – written from a policy / Employment law perspective and not from a managers perspective

•Complexities – if more than one procedure was being used

Fair Treatment Suite –so why change?

Ms Harrow spotted playing golf whilst on sick leave

Disciplinary procedure instigated

Ms Harrow has further sickness absence

Absence procedure instigated

Ms Harrow feels aggrieved and lodges a Grievance Complaint (at least one)

Grievance procedure instigated

Fair Treatment Suite –so why change?

OUR CHALLENGE TO OURSELVES

•How can we design processes that provide development to managers and focus HRD role?

•How can we present policy and procedure in a way that managers will find helpful?

•How can we provide continuous improvement in people management practice?

•How can we support the outcomes of the 2007 Peer Review – innovation and culture change?

COUNCIL IMPROVEMENT PROGRAMME

Enabling – continuous improvement

‘Taking

stock’

Meeting

Same process

Appeal – one or more

Enabling – continuous improvement

‘Taking

stock’

Meeting

’Step by step’

toolkit

Same process

Appeal – one or more

Enabling – continuous improvement

Best Practice

Notes

‘Taking

stock’

Meeting

’Step by step’

toolkit

Same process

Appeal – one or more

Conduct – the user’s experience

Event Action to be taken by Action Required Links to other documents

6. DECISION

6.1 Consideration and decision

Manager graded SPM5 or above (or Manager with delegated authority)

In cases of gross misconduct/potential dismissal, Panel must comprise Manager graded SPM3 or above, (or Manager with delegated authority) advised by HRD.

Having considered all the information presented , mitigation and any warnings currently in force, determines the appropriate course of action, ie no further action / issues Warning / Dismissal as appropriate.

Link to BPN 9 - Disciplinary Actions

Link to BPN 4 - Guidance Meeting

Link to BPN 5 - Misconduct/Gross Misconduct

Link to BPN 1 - Conduct Rules

6.2 Verbal notification of decision

Manager graded SPM5 or above (or Manager with delegated authority)

In cases of gross misconduct/potential dismissal, Panel must comprise Manager graded SPM3 or above, (or Manager with delegated authority) advised by HRD.

Conduct Meeting reconvened and employee informed of decision immediately or as soon as possible thereafter.

Link to BPN 9 - Disciplinary Actions

Link to BPN 4 - Guidance Meeting

Link to BPN 1 - Conduct Rules

Conduct – an example page

Dignity at Work – grievance and harassment

Major Changes:1. One procedure for both issues2. Focus on mediation3. Focus on resolution outside of formal process4. One hearing and one appeal hearing5. Dealt with at officer level6. HRD only involved at appeal stage

Capability

Major Changes

1. One procedure covering performance and absence issues

2. Focus on support to individuals in day-to-day management

3. Compounding effect of warnings

4. HRD role limited to potential dismissal and appeal hearings

Conduct

Major Changes

1. Removed first stage investigation – now part of day-to-day management

2. Minor misconduct dealt with through guidance

3. Process will not be delayed if unions unable to attend

4. Removed a warning – now first, final and dismissal

5. HRD’s role limited to potential dismissal and appeal hearings

Current CIP and other related projects

Council Improvement Programme projects:

•CIP1 - Managing People’s Performance – last milestone to focus on toolkits with manager’s toolkits out by 31/12/09

Other projects:

•Member toolkit on people processes by 31/12/09

•Staff toolkit – 31/3/10

•Impact of new intranet – Spring 2010?

•Staff webpages