Appeals
Officers in the sensitive-post category may apply for exclusion from political restriction.
The appeal may be because their post is not politically-sensitive.
Officers in a post which we have not determined as politically-sensitive may be included by the chief executive upon challenge by any person.
Appeal procedure
There is a four-stage procedure.
Stage 1 - decision-making (by the executive director)
When a post up to the head of service level is established, changed or filled, the executive director will determine:
- whether the post is politically-restricted
- if the post is politically-restricted, which category (specified or sensitive) applies
Service area managers and HR will support the executive director as required.
The head of HR will operate this stage for posts at these levels:
- assistant chief executive
- executive director
- assistant director
- head of service level
If the post is identified as politically restricted, then move to Stage 2.
Stage 2 - immediate action (operated by the executive director)
In the case of an existing post or person, the executive director is responsible for notifying the post holder of the:
- modification to their terms and conditions of employment
- effective date
- effect of the designation
- right of appeal, if applicable
When seeking to fill a post which is politically restricted or a new post, the executive director should:
- action the vacancy in the normal way and clearly mark the PoRP status of the post
- highlight to the recruitment team that the further particulars need to reflect the PoRP status
- ensure that during the interview process, the PoRP status is confirmed to candidates
- ensure that the terms and conditions document incorporates the PoRP status
- provide details of any right of appeal, if applicable
- cover the practical effect of the restriction and the arrangements to deal with (potential) breaches in the induction process
Service area managers and HR will support the executive director as required.
Stage 3 - appeal
Officers who occupy specified posts have no right of appeal.
Officers in a sensitive post may apply directly to the head of HR to be removed from the list.
The chief executive, as head of paid services, will consider this appeal. As an example, this procedure is appropriate if an employee wishes to stand for election.
Officers in the sensitive post category can appeal against inclusion on the list. They will need a certificate of opinion issued by the head of HR to lodge this appeal with the chief executive.
This procedure is appropriate when a post is a new addition to the PoRPs list.
The certificate of opinion must:
- be accompanied by a current description of duties and responsibilities
- indicate whether we believe that the post or person should be retained or deleted from the list
- show which of the tests (if any) have led the head of HR to take that view
The certificate of opinion is part of the appeal form PO2. The head of HR will issue the PO2 form to those who wish to register an appeal.
The head of HR will receive requests for a certificate of opinion direct. They must:
- respond within 14 days
- consult the appropriate executive director regarding the view included in each certificate
The employee will send the completed form to the chief executive who may arrange a meeting with them. The chief executive will decide whether to uphold the appeal of the employee or not.
The chief executive will pass their direction to the appropriate executive director who is then responsible for:
- amending personnel records
- changing or confirming the contractual position in writing to the officer
The chief executive may request additional information to make a decision. The head of HR will provide that information after consultation with the relevant executive director.
Stage 4 – recording (operated by all officers involved)
The people management systems hold the official list of PoRPs.
Executive directors should:
- record the status of posts and people
- ensure retention of any relevant correspondence about PoRP status on the employee's personal file
Appeal process
Employees in a sensitive post who wish to appeal should:
- complete parts 1, and 2a of the appeals form and form PO2
- send the appeals form to the head of HR
The head of HR will send the employee the appeals form with the duly completed certificate of opinion within 14 days.
The form will indicate whether or not the head of HR considers the post to be politically sensitive and, if it is, give the reason.
The head of HR will also supply the employee with a copy of their job description.
The employee will:
- complete Parts 3 and 4 of the appeals form
- send the completed appeals form to the chief executive
Employees have the opportunity to meet with the chief executive
Following that meeting, the chief executive will notify the employee of their decision.