Sunday 17 June 2012
grassrootsleft: About Us
grassrootsleft: About Us: Welcome to a new type of Left in the trade union "Unite". We are different. We are genuinely on the Left ( look at our policies ) unlike ...
Thursday 7 June 2012
Wednesday 6 June 2012
Black police reporting racism 'labelled troublemakers'
Black police reporting racism 'labelled troublemakers'
More black and minority ethnic officers left the police service between 2010-11 than were recruited
It says officers who file complaints are labelled as "troublemakers" and pressured to leave the force.
A separate, unpublished police report has said disproportionate numbers of minority officers in some forces end up in the disciplinary system.
The Association of Chief Police Officers says the data is "worrying".
Speaking to Radio 4's File on 4 programme, President of the NBPA Charles Critchlow said:
"I think the worst aspect is it appears that even senior officers are prepared to use instruments within the service, for example the disciplinary process, to put pressure on these officers and ultimately force them out of the organisation and that's something that we're very, very concerned about."
He added: "I think there still exists within the police service a pattern of behaviour where officers, particularly junior officers, who make a complaint or challenge inappropriate behaviour - particularly if it's got anything to do with race - seem to be labelled as troublemakers."
The BBC has also seen an internal draft report which shows police disciplinary procedures being used disproportionately against black and Asian officers in some forces.
The report was compiled by academic researchers on behalf of Greater Manchester Police and includes data from the West Midlands Police and the British Transport Police.
It acknowledges concerns from minority officers about unfair treatment and confirms that in the West Midlands, black and minority ethnic (BME) officers are almost twice as likely to be the subject of an investigation as white officers.
Findings for the British Transport Police are broadly similar.
The research also looks at officers being kept under surveillance in internal counter-corruption investigations and found that in Greater Manchester the proportion of minority officers being investigated is three times higher than that of white officers.
The authors of the report are calling for further research and say their findings suggest the problems identified are not limited to the three forces featured in the research.
Chief Constable of Bedfordshire Police Alfred Hitchcock, who is the Association of Chief Police Officers lead on equality, diversity and human rights, says he has not yet seen the internal report but says the data is "worrying".
He told the BBC he would be speaking to other chief officers about the matter, but defended the way internal complaints are dealt with.
"If there are matters relating to racist or improper behaviour, then those are investigated and people who are victims are treated as victims.
File on 4's investigation also uncovered concerns about the slow progress forces have made in recruiting and promoting BME officers.
Thirteen years after the Stephen Lawrence Inquiry recommended increased numbers of black and ethnic minority officers, the latest Home Office figures show more BME officers are leaving the police than joining.
In 2010-11, 165 BME officers were recruited, but 204 left the service.
Mr Hitchcock blames government cuts on police funding which has led to a recruitment freeze and subsequently a dip in numbers, but acknowledges the police leadership must do more:
"If some people think that we've got this sorted I think they're living in a dream world. I think there is an awful lot of work for us still to do.
"There is a danger that we put an over-negative spin on where we've come in the last decade because actually we've made fantastic progress. But that doesn't mean we stop; that means we actually need to renew and re-energise."
Listen again via the Radio 4 website or download the File on 4 podcast.
More black and minority ethnic officers left the police service between 2010-11 than were recruited
Police forces are unfairly disciplining black and Asian officers who complain about racism, says the National Black Police Association.
It says officers who file complaints are labelled as "troublemakers" and pressured to leave the force.
A separate, unpublished police report has said disproportionate numbers of minority officers in some forces end up in the disciplinary system.
The Association of Chief Police Officers says the data is "worrying".
Speaking to Radio 4's File on 4 programme, President of the NBPA Charles Critchlow said:
"I think the worst aspect is it appears that even senior officers are prepared to use instruments within the service, for example the disciplinary process, to put pressure on these officers and ultimately force them out of the organisation and that's something that we're very, very concerned about."
He added: "I think there still exists within the police service a pattern of behaviour where officers, particularly junior officers, who make a complaint or challenge inappropriate behaviour - particularly if it's got anything to do with race - seem to be labelled as troublemakers."
Continue reading the main story
“Start Quote
End Quote Charles Critchlow National Black Police AssociationEven senior officers are prepared to use instruments within the service, for example the disciplinary process, to put pressure on these officers and ultimately force them out ”
However, Mr Critchlow also stressed: "That is not to say that all officers are racist or discriminate against people, but there seems to be a problem in the police service when it comes to dealing with race issues."
The BBC has also seen an internal draft report which shows police disciplinary procedures being used disproportionately against black and Asian officers in some forces.
The report was compiled by academic researchers on behalf of Greater Manchester Police and includes data from the West Midlands Police and the British Transport Police.
It acknowledges concerns from minority officers about unfair treatment and confirms that in the West Midlands, black and minority ethnic (BME) officers are almost twice as likely to be the subject of an investigation as white officers.
Findings for the British Transport Police are broadly similar.
The research also looks at officers being kept under surveillance in internal counter-corruption investigations and found that in Greater Manchester the proportion of minority officers being investigated is three times higher than that of white officers.
Continue reading the main story
Listen to the full report on File on 4 on BBC Radio 4 on Tuesday, 5 June at 20:00 BST and Sunday, 10 June at 17:00 BST
Find out more
In the West Midlands, the rate of allegations of corruption against BME officers is more than five times higher than the rate of allegations against white officers.
The authors of the report are calling for further research and say their findings suggest the problems identified are not limited to the three forces featured in the research.
Chief Constable of Bedfordshire Police Alfred Hitchcock, who is the Association of Chief Police Officers lead on equality, diversity and human rights, says he has not yet seen the internal report but says the data is "worrying".
He told the BBC he would be speaking to other chief officers about the matter, but defended the way internal complaints are dealt with.
"If there are matters relating to racist or improper behaviour, then those are investigated and people who are victims are treated as victims.
Continue reading the main story
“Start Quote
End Quote Alfred Hitchcock Association of Chief Police OfficersIf there are matters relating to racist or improper behaviour, then those are investigated and people who are victims are treated as victims”
"The service is very keen to make sure that we deal properly and appropriately with all staff and by doing that we would hope that people see us as being fair with all, and that is the objective," he said.
File on 4's investigation also uncovered concerns about the slow progress forces have made in recruiting and promoting BME officers.
Thirteen years after the Stephen Lawrence Inquiry recommended increased numbers of black and ethnic minority officers, the latest Home Office figures show more BME officers are leaving the police than joining.
In 2010-11, 165 BME officers were recruited, but 204 left the service.
Mr Hitchcock blames government cuts on police funding which has led to a recruitment freeze and subsequently a dip in numbers, but acknowledges the police leadership must do more:
"If some people think that we've got this sorted I think they're living in a dream world. I think there is an awful lot of work for us still to do.
"There is a danger that we put an over-negative spin on where we've come in the last decade because actually we've made fantastic progress. But that doesn't mean we stop; that means we actually need to renew and re-energise."
Listen to the full report on File on 4 on BBC Radio 4 on Tuesday, 5 June at 20:00 BST and Sunday 10 June at 17:00 BST.
Listen again via the Radio 4 website or download the File on 4 podcast.
Sunday 3 June 2012
EAT Rules that Lap Dancer was an Employee
EAT Rules that Lap Dancer was an Employee.
Many employment rights - including the right to sue for unfair dismissal - are confined to employees. Defining just who is and who is not an employee has long proved something of a challenge for the courts and tribunals.
Take, for example, the recent decision of the Employment Appeal Tribunal (EAT) in Quashie v. Stringfellows Restaurants Ltd. Q worked as a lap dancer at Stringfellows. She was paid in what was described as "Heavenly Money " - vouchers paid to her by customers which Stringfellows later redeemed for real money minus deductions. Those deductions included commission payable to Stringfellows, a "house fee" and fines. Dancers were fined for such things as being off rota or late for a shift or stage dance. Dancers were also required to pay a set fee to the "House Mother", who was responsible for ensuring that the dancers were well turned out and for looking after the dancers' general wellbeing. Q's earnings came entirely from the customers. On any particular night, it was possible that her earnings might be less than the amount she had to pay out, with the result that she would earn nothing for that night.
When Stringfellows terminated Q's contract over drug dealing allegations, she sued for unfair dismissal. Stringfellows had two lines of defence. It argued, first, that Q was not an employee and, second, that Q's contract had been illegally performed by reason of her tax returns and claims for tax credit. Dealing with the employee point as a preliminary "knock-out" point, the Employment Tribunal ruled that Q was not an employee.
The EAT allowed Q's appeal. Although Q's earnings came entirely from customers, rather than Stringfellows, she was being paid for work done. Employment status is not a matter of the source, or the route, of the payment. The Employment Tribunal had been wrong to focus too narrowly on the "wage/work" bargain. Q had been obliged to turn up for work in accordance with the rota. She was not entitled to send a substitute. The imposition of fines or deductions by agreement implied an ongoing relationship.
The EAT sent the case back to the Employment Tribunal so that it could hear Q's unfair dismissal claim and deal with the illegality point.
Whether or not an individual is an employee will always depend on the facts of the particular case. Employers need to appreciate that an Employment Tribunal will always look at the substance, or reality, of the situation. It will not be bound to accept the particular label which the parties have chosen to put on their relationship. Even an individual whose contract clearly states that he or she is not an employee may, in fact, be an employee in law and have all the rights of an employee.
To find out more, please contact Nick Crook or Gareth Pobjoy.
Filed: 14/05/2012 09:07:07
Many employment rights - including the right to sue for unfair dismissal - are confined to employees. Defining just who is and who is not an employee has long proved something of a challenge for the courts and tribunals.
Take, for example, the recent decision of the Employment Appeal Tribunal (EAT) in Quashie v. Stringfellows Restaurants Ltd. Q worked as a lap dancer at Stringfellows. She was paid in what was described as "Heavenly Money " - vouchers paid to her by customers which Stringfellows later redeemed for real money minus deductions. Those deductions included commission payable to Stringfellows, a "house fee" and fines. Dancers were fined for such things as being off rota or late for a shift or stage dance. Dancers were also required to pay a set fee to the "House Mother", who was responsible for ensuring that the dancers were well turned out and for looking after the dancers' general wellbeing. Q's earnings came entirely from the customers. On any particular night, it was possible that her earnings might be less than the amount she had to pay out, with the result that she would earn nothing for that night.
When Stringfellows terminated Q's contract over drug dealing allegations, she sued for unfair dismissal. Stringfellows had two lines of defence. It argued, first, that Q was not an employee and, second, that Q's contract had been illegally performed by reason of her tax returns and claims for tax credit. Dealing with the employee point as a preliminary "knock-out" point, the Employment Tribunal ruled that Q was not an employee.
The EAT allowed Q's appeal. Although Q's earnings came entirely from customers, rather than Stringfellows, she was being paid for work done. Employment status is not a matter of the source, or the route, of the payment. The Employment Tribunal had been wrong to focus too narrowly on the "wage/work" bargain. Q had been obliged to turn up for work in accordance with the rota. She was not entitled to send a substitute. The imposition of fines or deductions by agreement implied an ongoing relationship.
The EAT sent the case back to the Employment Tribunal so that it could hear Q's unfair dismissal claim and deal with the illegality point.
Whether or not an individual is an employee will always depend on the facts of the particular case. Employers need to appreciate that an Employment Tribunal will always look at the substance, or reality, of the situation. It will not be bound to accept the particular label which the parties have chosen to put on their relationship. Even an individual whose contract clearly states that he or she is not an employee may, in fact, be an employee in law and have all the rights of an employee.
To find out more, please contact Nick Crook or Gareth Pobjoy.
Filed: 14/05/2012 09:07:07
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