Our ref: FoI Review 2009/116 –F0063478
17 July 2009
Mr Louis Seaman
[email address]
Dear Mr Seaman,
Freedom of Information (Scotland) Act 2002 – Review Outcome
I write with regard to your request for a review of the University’s response to your
Freedom of Information request (Our Ref FoI 2009/92-F0060903). Your areas of
concern relate to:
The accuracy of the response “The Director of Student Services is a new title
that has been conferred on an existing member of staff who is undertaking
additional management responsibilities. This is not a new post and therefore
was not advertised.”
You have asked “Based on what criteria have you judged this post not to be
new? What criteria determine whether a position is a new post or is simply
granted a new title?”
In 2006 the University of Glasgow implemented the Framework Agreement for the
Modernisation of Pay Structures. At that time, a “best fit” approach was agreed with
the recognised trades unions. This approach uses a 75-80% criterion in relation to
the grading of posts which straddle two grades. This criterion is also applied when
roles and responsibilities are redefined. Moreover, the list of duties set out in job
descriptions for Management, Professional and Administrative posts at the University
of Glasgow commonly includes a reference to the post holder being required to carry
out “any other duties commensurate with the role”. This allows managers the
necessary discretion to redefine roles as service requirements and provision evolve.
The supply of documents under the terms of the Freedom of Information (Scotland)
Act 2002 does not give the applicant or whoever receives the information any right to
re-use it in such a way that might infringe the Copyright, Designs and Patents Act
1988 (for example, by making multiple copies, publishing or otherwise distributing the
information to other individuals and the public). The Freedom of Information
(Scotland) Act 2002 (Consequential Modifications) Order 2004 ensured that Section
50 of the Copyright, Designs and Patents Act 1988 (“CDPA”) applies to the Freedom
of Information (Scotland) Act 2002 (“FOISA”).
Breach of copyright law is an actionable offence and the University expressly
reserves its rights and remedies available to it pursuant to the CDPA and common
law. Further information on copyright is available at the following website:
http://www.ipo.gov.uk/copy.htm
I confirm that this letter signifies the end of the University’s internal procedures. If
you remain dissatisfied with the outcome of this review you can appeal to the Office
of the Scottish Information Commissioner at the following address:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St. Andrews
Fife KY16 9DS
Tel: 01334 646610
Email: [email address]
Please be advised there is a right of appeal to the Court of Session against the
Commissioner's decisions, but only on a point of law.
Yours sincerely,
Dr Anne B Mitchell
Corporate Projects Manager