Classification: NOT PROTECTIVELY MARKED

Dear Sir

Freedom of Information (Scotland) Act 2002 – Request for Information

Thank you for your information request dated 12 January 2025 and received on 13 January 2025. Our reference is FOI 2025-0038. This is being dealt with under the Freedom of Information (Scotland) Act 2002.

We are considering your request. We may be in touch soon to ask for further clarification or to offer advice and assistance if we are not able to fulfil your request in its present form.

The legislation allows us up to 20 working days from the date that we receive a valid request, including any clarification we need to make a final response. We will be in touch within 20 working days of receipt of your initial request to provide our response or to seek clarification where necessary. We hope to give you the information you are looking for at an earlier date if possible.

Regards

Leona Scott
Information Administrator | Strategy, Performance & Business Solutions
Orkney Islands Council | Council Offices | Kirkwall | Orkney | KW15 1NY
Telephone: (01856) 873535 | Extension: 3377

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Classification: NOT PROTECTIVELY MARKED

Dear Sir/Madam

Freedom of Information (Scotland) Act 2002 – Request for Information

I refer to your email dated 12 January 2025 and received on 13 January 2023; our reference is FOI 2025-0038.

I am pleased to give the information you requested and hope that it meets your requirements. Our response is detailed below:

1. Since the 2022 financial year how many cases of misconduct have there been by trade union reps?

The following exemption has been applied to this question: 'Section 38(1)(b) – Figures less than 5'.

We are unable to disclose an exact figure to you as the figure is low. Disclosure of this information would be unfair for the purpose of the first data protection principle and is exempt in terms of Section 38(1)(b) read in conjunction with s.38(2A)(a) of the Freedom of Information (Scotland) Act 2002. We hope you understand our position.

2. What is your policy in dealing with misconduct by trade union reps?

This information can be found within our 'Disciplinary Policy/Procedure' (please see attached).

3. Is the data you are supplying for all misconduct cases or those which are formerly recorded?

The data provided is formerly recorded as per our disciplinary policy/procedure.

Under FOISA, if you are dissatisfied with our response, you may ask the Council to review its handling of your request. If you wish to do this, you should make your request for review within 40 working days of receiving this email. Please make your request for review to Service Manager (Governance), Council Offices, School Place, Kirkwall, Orkney, KW15 1NY or email to [Orkney Islands Council request email]. Your request must be in permanent form (letter, email, audio tape etc) and should state:

That you are asking for a review of this decision, and
Why you are unhappy with the response you have received.

We will issue a full response to your request for review within 20 working days of our receiving it.

Where the outcome of the review fails to resolve the matter to your complete satisfaction, you then have the right to apply to the Scottish Information Commissioner for a decision. You have six months in which to do so following receipt of our review outcome – see www.foi.scot/appeal.

Regards

Paul Kesterton
Information Governance Officer
Strategy, Performance & Business Solutions
Orkney Islands Council, Council Offices, Kirkwall, Orkney, KW15 1NY
Telephone: 01856 873535 Extension: 2241
www.orkney.gov.uk

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