Information regarding Scottish Government employees: FOI release

Information requested

Between January 1, 2016 to date:

1) The number of Scottish Government staff who have been disciplined for drug-related incidents.
1a) The number of Scottish Government staff terminated for drug-related incidents.

2) The number of Scottish Government staff who have been disciplined for harassment-related incidents.
2a) The number of Scottish Government staff terminated for harassment-related incidents.

3) The number of Scottish Government staff who have been disciplined for bullying-related incidents.
3a) The number of Scottish Government staff terminated for bullying-related incidents.

4) The number of Scottish Government staff who have been disciplined for alcohol-related incidents.
4a) The number of Scottish Government staff terminated for alcohol-related incidents.

5) The number of Scottish Government staff who have been disciplined for poor performance.
5a) The number of Scottish Government staff terminated for poor performance.

Response

In your request, you have asked for information about Scottish Government staff. Our response therefore covers permanent staff employed in Scottish Government Core Directorates - see Annex A.

Between 1 January 2016 and 16 September 2021 (the date of your request):
1) No Scottish Government staff were disciplined for drug-related incidents

2) 4 Scottish Government staff were disciplined for harassment-related incidents

3) 7 Scottish Government staff were disciplined for bullying-related incidents

4) 2 staff were disciplined for alcohol-related incidents

In response to your request for figures for poor performance (questions 5 and 5a), I can confirm that poor performance is dealt with under the Performance Management policy rather than the Discipline policy. This is, therefore, a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested because members of staff are not disciplined for poor performance.

You have also requested information about the number of Scottish Government staff terminated for each of the incidents described above (i.e. the information requested in questions 1a to 4a). While our aim is to provide information wherever possible, in this instance we are unable to provide the information you have requested because an exemption under section 38(1)(b) of FOISA (personal information) applies to that information. This exemption applies because the information is the personal data of third parties (the members of staff in question) and disclosing it would contravene the data protection principles set out in Article 5(1) of the UK General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. We have concluded that the information is personal data because there is a realistic prospect that the data subjects would be identified given the very small numbers in question. 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.

Outwith FOISA, I can, however, confirm that between 1 January 2016 and 16 September 2021, 3 staff were dismissed following disciplinary action for harassment related incidents, bullying related incidents or alcohol related incidents.

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.

FOI202100240659 - Annex A

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