Disciplinary cases brought against staff: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.

FOI reference: FOI/17/02003
Date received: 24 August 2017
Date responded: 14 September 2017

Information requested

The following information:

Please provide me with details of all disciplinary cases brought against Scottish Government staff from 1 April 2016 to the present day.

For each case, I would be grateful if you could supply:

  1. The Directorate or Agency of the staff member

  2. The nature of the case, for example (but not exclusively) harrassment, theft, productivity, fraud, unauthorised disclosure of information, etc

  3. Details of any hearing/tribunal

  4. The outcome of any hearing/tribunal

  5. Whether an appeal was made or heard

  6. (If applicable) The outcome of that appeal, i.e. Upheld or dismissed

  7. In the event of an upheld appeal, what subsequent actions were taken by the Scottish Government, e.g. reinstatement, redeployment, additional investigation of other staff, etc


You have requested information for Scottish Government staff. Our response therefore covers staff who are subject to Scottish Government Main and Scottish Government Marine terms and conditions of employment and Senior Civil Servants in the organisations listed in Annex A.

Under the Scottish Government's discipline policy, managers deal with minor misconduct as part of their day to day management responsibilities. There is no requirement to report verbal warnings for minor misconduct to Human Resources. As information about these cases is not held centrally, our response does not include cases of minor misconduct which have resulted in a verbal warning.

While our aim is to provide information wherever possible, I am unable to provide all of the information you have requested. An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

Our response to your request is set out at Annex B.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses

FOI-17-02003 Annexes A and B.pdf


Please quote the FOI reference

Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road

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