NHS Scotland Once for Scotland Workforce: FOI review

Information requested

1. In an Appeal against dismissal, does the Scheme of Delegation apply only to the appointment of the panel Chair?
2. Would the Panel Chair, so appointed, be responsible for appointing other panel members?
3. Would the Panel Chair, so appointed be required to include a Non Executive Director on the panel?
4. Can compliance with the Policy be achieved without a Non Executive Director being included in a panel dealing with an appeal against dismissal?
5. Do individual NHS Boards have the authority to modify Workforce Policies?
6. Has any NHS Board highlighted any issue with the interpretation of the above requirements since publication?

Response

I have concluded that the original decision should be confirmed with modifications.

1

Yes, the Scheme of delegation is around the authority to dismiss and refers to the Panel Chair.

3

I cannot provide a definitive 'yes / no' response to this question. We can confirm that as advised on the 'Once for Scotland' Workforce Policies webpage these policies set the standard that our Boards must follow. In current iteration of the Formal Hearing Guide this standard is that: In the case of appeals against dismissal the panel will consist of:

• Non-Executive Director
• Executive Director
• HR Representative not previously involved

However, the ‘Once for Scotland’ Workforce Policies advocate a person centred approach where factors pertaining to the individual and the situation are fully considered on a case by a case approach to inform the appropriate practice. It therefore cannot be stated definitively that the inclusion of a Non-Executive Director will be required in every instance in order to achieve compliance with this policy.

4

We can confirm that as advised on the 'Once for Scotland' Workforce Policies webpage these policies set the standard that our Boards must follow. In the Formal hearing guide this standard is that: In the case of appeals against dismissal the panel will consist of:

• Non-Executive Director
• Executive Director
• HR Representative not previously involved

However, the ‘Once for Scotland’ Workforce Policies advocate a person centred approach where factors pertaining to the individual and the situation are fully considered on a case by a case approach to inform the appropriate practice.

About FOI

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