Employee suspensions

Summary

A request for suspension statistics, templates, and guidance from the Department of Education, Sport and Culture resulted in the disclosure of disciplinary procedures for teachers and lecturers, while statistical data was withheld due to privacy exemptions and no standard template was found.

Key Facts

• Suspension statistics were withheld because they constitute personal data of five or fewer individuals.
• The department does not hold a standard template for suspension letters as they are tailored to individual circumstances.
• Disciplinary procedure documents were provided for both teachers and lecturers.
• The public interest test determined that staff privacy outweighed the benefit of transparency for the statistical data.
• The response was issued on 8th May 2025 regarding a request received on 8th April 2025.

Data Disclosed

• January 2022
• 2025-04-08
• 2025-05-08
• five or less individuals
• section 8 of the Data Protection Act 2002
• section 39
• section 20
• Freedom of Information Act 2015

Exemptions Cited

• Section 8 of the Data Protection Act 2002 (Personal Data)
• Section 39 (Qualified Exemption/Public Interest Test)
• Section 20 (Information already reasonably accessible)

Original Request

I would like to request information under the Freedom of Information Act regarding the Department of Education, Sport and Culture's procedures for employee suspensions. Specifically, I would like to request: 1. The total number of suspension letters issued by DESC from January 2022 to date. 2. A breakdown of these suspensions categorised by the stated reason for suspension (e.g., gross misconduct, safeguarding concerns, etc.), without including any personally identifiable information. 3. A copy of the standard template, model, or boilerplate letter that is currently used by DESC when issuing suspension notifications to employees. 4. Any departmental guidance documents that outline the procedures to be followed when suspending an employee.

Data Tables (1)

Full Response Text

Policy, Strategy and Governance Division Department of Education, Sport and Culture Thie Slieau Whallian Foxdale Road St Johns IM4 3AS

Telephone: (01624) 685808 Website: www.gov.im/dec Email: dec@foi.gov.im

8th May 2025 Our ref: 4567681

Dear ###,

We write further to your request, received 8 April 2025, which states:

"I would like to request information under the Freedom of Information Act regarding the Department of Education, Sport and Culture's procedures for employee suspensions.

Specifically, I would like to request:

1. The total number of suspension letters issued by DESC from January 2022 to date.

2. A breakdown of these suspensions categorised by the stated reason for suspension (e.g., gross misconduct, safeguarding concerns, etc.), without including any personally identifiable information.

3. A copy of the standard template, model, or boilerplate letter that is currently used by DESC when issuing suspension notifications to employees.

4. Any departmental guidance documents that outline the procedures to be followed when suspending an employee."

Our response to your request is as follows:

1. The total number of suspension letters issued by DESC from January 2022 to date. & 2. A breakdown of these suspensions categorised by the stated reason for suspension (e.g., gross misconduct, safeguarding concerns, etc.), without including any personally identifiable information.

While our aim is to provide information whenever possible, in this instance the information is exempt as it constitutes personal data of a person other than you and under section 8 of the Data Protection Act 2002 the data subject would be entitled to prevent disclosure of the information to a member of the public otherwise than under that Act.

As section 39 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large. The matters which were considered in applying the public interest test are as follows:

Factors in favour of disclosure

To promote transparency

Factors in favour of withholding

The information held relates to a small number of individual staff members (five or less individuals).
- Staff members have an expectation that their personal information relating to a suspension will remain confidential. Disclosure of this information would contravene that expectation and cause an intrusion into the privacy of the data subject which may lead to some distress. - Whilst the Freedom of Information Act 2015 promotes transparency and accountability and therefore there may be limited public interest in details of individual staff members suspensions being disclosed, it is not sufficient to outweigh a staff member’s right for this information to remain private.

In assessing the weight to be attributed to each of the factors in favour of disclosing the information and maintaining the exemption, the Department of Education, Sport and Culture has taken the following into consideration:
- The severity of the prejudice
- The age of the information - How far disclosure would further the public interest identified above - Whether there is any similar information the public domain and whether this affects the public interest.

In taking these factors into account the Department of Education, Sport and Culture have determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

1. A copy of the standard template, model, or boilerplate letter that is currently used by DESC when issuing suspension notifications to employees.

While our aim is to provide information whenever possible, in this instance the Department of Education, Sport and Culture do not hold or cannot, after taking reasonable steps to do so, find some of the information that you have requested.

Each suspension notification letter issued by the Department is tailored to the individual’s contractual terms and conditions, as well as the specific circumstances surrounding the suspension.

1. Any departmental guidance documents that outline the procedures to be followed when suspending an employee.

Teachers: Please find enclosed a copy of the disciplinary procedure held.

Lecturers: Please find enclosed a copy of the disciplinary procedure held.

While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee.

By way of advice and assistance the following disciplinary procedures that relate to public services commission staff and include information about suspension are available to view via the following weblink -

Public Services Commission - https://hr.gov.im/media/2718/psc-disciplinary- procedure-july-2024-final-uploaded-080824.pdf

Please quote the reference number 4567681 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded. If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.
I will now close your request as of this date.

Yours sincerely,