Fairness at Work upheld complaints

Summary

The requester asked for details regarding disciplinary actions and personal attributes of employees involved in four upheld Fairness at Work complaints between 2021 and 2025. The Cabinet Office refused to disclose any information, citing an absolute exemption for personal data under the Freedom of Information Act 2015.

Key Facts

• The request concerned four Fairness at Work complaints with 'upheld' outcomes between January 2021 and May 2025.
• The authority refused to provide any of the requested information regarding standards letters, disciplinary actions, or employee details.
• The refusal was based on the information being classified as personal data of individuals other than the requester.
• Disclosure was deemed to contravene data protection principles under the General Data Protection Regulation as applied in the Isle of Man.
• The requester has the right to request an internal review or appeal to the Information Commissioner.

Data Disclosed

• 4782145
• 4680133
• January 2021
• May 2025
• 2025-07-08
• 2025-08-27
• section 25(2)(b)
• Article 5
• Article 6

Exemptions Cited

• Section 25(2)(b) of the Freedom of Information Act 2015 (absolutely exempt personal information)
• Data Protection (Application of GDPR) Order 2018

Original Request

· Of the four FAW complaints between January 2021 to May 2025 which you have advised [within FOI reference 4680133] resulted in a 'upheld' outcome, how many resulted in the employee they were 'upheld' against [the respondent] consequently being issued with a formal 'standards letter' instructing the employee of future expectations as per the 'teachers standards' and/or 'code of conduct' and warning none adherence with the written instructions would result in disciplinary action constituting gross misconduct ? · Of the four FAW complaints between January 2021 to May 2025 which you have advised [within FOI reference 4680133] resulted in a 'upheld' outcome, how many resulted in the employee they were 'upheld' against [the respondent] being consequentially subjected to disciplinary action ? · Of the four FAW complaints between January 2021 to May 2025 which you have advised [within FOI reference 4680133] resulted in a 'upheld' outcome, what consequential result did the employee they were 'upheld' against [the respondent] have communicated to them ? if such were not a 'standards letter' nor 'disciplinary action' as above. · Of the four FAW complaints between January 2021 to May 2025 which you have advised [within FOI reference 4680133] resulted in a 'upheld' outcome, how many of the employees they were 'upheld' against [the respondent] were also trade union representatives ? · Of the four FAW complaints between January 2021 to May 2025 which you have advised [within FOI reference 4680133] resulted in a 'upheld' outcome, what post/grade did the employees they were 'upheld' against [the respondent] hold ?

Data Tables (1)

Full Response Text

Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244
Website: www.gov.im/co

Our ref: 4782145 4 August 2025

Dear ###

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

• "Of the four FAW complaints between January 2021 to May 2025 which you have advised [within FOI reference 4680133] resulted in a 'upheld' outcome, how many resulted in the employee they were 'upheld' against [the respondent] consequently being issued with a formal 'standards letter' instructing the employee of future expectations as per the 'teachers standards' and/or 'code of conduct' and warning none adherence with the written instructions would result in disciplinary action constituting gross misconduct?

• Of the four FAW complaints between January 2021 to May 2025 which you have advised [within FOI reference 4680133] resulted in a 'upheld' outcome, how many resulted in the employee they were 'upheld' against [the respondent] being consequentially subjected to disciplinary action?

• Of the four FAW complaints between January 2021 to May 2025 which you have advised [within FOI reference 4680133] resulted in a 'upheld' outcome, what consequential result did the employee they were 'upheld' against [the respondent] have communicated to them if such were not a 'standards letter' nor 'disciplinary action' as above?

• Of the four FAW complaints between January 2021 to May 2025 which you have advised [within FOI reference 4680133] resulted in a 'upheld' outcome, how many of the employees they were 'upheld' against [the respondent] were also trade union representatives?

• Of the four FAW complaints between January 2021 to May 2025 which you have advised [within FOI reference 4680133] resulted in a 'upheld' outcome, what post/grade did the employees they were 'upheld' against [the respondent] hold?" While our aim is to provide information whenever possible, in this instance we are unable to provide any the information you have requested because it is absolutely exempt under section 25(2)(b) of the Freedom of Information Act 2015 (absolutely exempt personal information). The reasons why that exemption applies are that:

• The Cabinet Office is satisfied that the information amounts to personal data of which you are not the data subject; and • The Cabinet Office is satisfied that disclosure of the information would contravene one of the data protection principles as set out at Article 5 of the General Data Protection Regulation as it applies in the Isle of Man pursuant to the Data Protection (Application of GDPR) Order 2018, namely that the Cabinet Office can only disclose the information where it would be fair, lawful and meet one of the conditions for lawful processing in Article 6 and in this case, none of those conditions have been met. Please quote the reference number 4782145 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.