‘Grievance processes need to be more timely’

16 October 2020

The Federation is calling for the Force to ensure that it handles grievance complaints in a more timely manner.

Cliff Tomkinson, West Midlands Police Federation’s personnel and equality lead, says he has had a number of concerns about the grievance processes but timeliness is top of the list.

“We are having cases that are dragging on far too long but also during the process the Force is failing to update officers or the Federation and that just causes untold stress for those involved,” says Cliff.

Force figures show that in the financial year from April 2018 to March 2019 51 grievances were made within the Force. Of those submissions four are still unresolved. Within the financial year of April 2019 to March 2020 53 grievances were submitted. More concerning is that 16 of those are still unresolved.

But Cliff is also concerned because he believes sometimes grievances are being made by officers because they are left with very little alternative.

He explains: “Officers need to be heard and there is a common misconception that officers want to progress their issues this way. Active engagement from the Force to consider informal resolution or sometimes shifting position on a matter would actually see the issues being resolved without the matter having to go down the formal grievance process.

“With regards to timeliness, I really do appreciate that some of the issues are down to the pressures that the HR team are under. However, I am also aware of delays in responding to HR requests from individuals subject to the grievance. This, in turn, results in the officer making the grievance feeling

Cliff continues: “Grievance cases become even more complicated should the Professional Standards Department (PSD) be involved in any element of the case with the grievance often getting ‘stayed’ in the process and resulting in even fewer updates on progress. I think in some instances we are also missing things which should really be classed as whistleblowing or should be treated as protected disclosures. Even with conduct matters linked within the process, sometimes an initial assessment of the whole case can allow the grievance or elements of the grievance to be dealt with separately.

“But even if that is not the case, those involved need to have more information about the progress of any investigation.”

In the 2018 to 2019 financial year there are still two grievances ‘stayed’ because of PSD involvement. From the 2019 to 2020 financial year there are four grievances ‘stayed’ for the same reason.

“The Force needs to really take notice of these grievances and ensure that processes are fairly followed for all and in a timely fashion. It is not appropriate to receive a decision to uphold a grievance after a significantly lengthy delay as this adds even more resentment to the entire issues raised,” says Cliff.

The most common issues leading to grievances being lodged include flexible working applications, supervision, disability and other matters of discrimination.

But Cliff has also found that there are far more legal challenge considerations against the Force beyond the grievance procedure being brought to his attention.

He believes the Force could ease the pressure it faces due to these challenges and the grievance procedures by investing in more training for supervisors.

“In order to retain the confidence of our members, the communities we serve and continue to attract good applicants, the Force must deal with workplace disputes fairly, timely and confidentially,” he explains, “The Force needs to instil confidence in supervisors that they can, and should, confront inappropriate behaviour but can also resolve workplace disputes at the earliest opportunity.”

Cliff advises officers to familiarise themselves with the Force grievance policy.

The Force policy documents detail what should be followed and this is always a good starting point for any individual concerned about their treatment or considering submitting a grievance. The most often referred to policy documents are the Grievance, Dignity at Work and Whistleblowing Policies. All can be readily found on the Force Intranet system via the ‘policy portal’ link or via the ‘MY SERVICE’ App.

“With regular and current training, supervisors would be better equipped to handle some of the incidents that end up being subjected to grievances and could prevent issues from escalating and causing so much extra work and anxiety in the first place,” says Cliff.

“We are sometimes finding that second line managers are getting involved unnecessarily and the whole thing is just snowballing out of control. An early intervention by a suitably trained supervisor or HR advisor could stop this; just as taking advice from HR if a supervisor is unsure of any process or requirement.”

But he adds: “First and foremost, I really think officers need to give serious thought to whether they can seek to resolve an issue themselves. I would encourage an officer to identify at an early stage what they want in order to obtain a practical and achievable resolution to the problem, if not, and if they feel they need to submit a grievance, I would encourage all Federation members to speak to a Federation representative before submitting any paperwork and talk through the process because it is not for the faint- hearted.

“We can properly guide and advise them but also make sure that we help protect their position should it be necessary to take legal action an area where there are strict timescales to adhere to. However, there are no winners at Employment Tribunals. The single lesson to be learnt from tribunal cases is that complaints are better resolved early. By asking an Employment Tribunal to determine a workplace dispute a Force will have failed its workforce. The Force admitting if things have gone wrong goes a long way to rebuilding working relationships within the Force and repairing the personal lives of officers involved.

“Going forward, we are currently using a new system that will allow us to now record grievance matters directly on a members’ database. This will allow the Federation to monitor and support members better. Additionally, there is a regular change of workplace Federation representatives, but planning more in-depth and regular training for equality and employment law is top of our list.”

• Since the Federation initially raised its concerns on this issue, the Force has employed two people to work solely on grievances, in addition to those who work on these cases as part of their role.