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FOI/202500448493 · FOI · already published

Scottish Government employment policies: FOI release

Published
2025-02-20
Received
2025-01-16
Responded
2025-02-13
Directorate
People Directorate
Topic
Public sector
Exemptions
25(1), 30, 38(1), 34(1)

Information requested

Copies of the following:

Annual leave policy Maternity leave policy Travel, subsistence and expenses policy (including limits for accommodation and subsistence) Pay policy Working outside UK / International remote working policy.

Response

In response to your request, please note the following employment policies in the table below have previously been published as part of past FOI requests, on that basis this is a formal notice under section 25(1) of FOISA that the information you have requested is otherwise accessible. I have included links to the previously published policy documents in the table.

Policy Documents submitted as part of previous FOI requests:

Policy Area Policy Name Previously Submitted FOI Number Maternity leave Maternity Leave Policy 202400432133 Maternity Pay Policy 202400432133 Travel, Subsistence and Expenses T&S Rules 202400422166 Expense Type Limits 202400422166 Working outside UK / International remote working Hybrid Working Terms and Conditions 202400440288

As per your request please see below the list and document numbers of the following employment policies covering the requested policy topic areas.

Topic Area Document Number Policy Name Annual Leave 1 Annual Leave – a guide for Managers 2 Annual Leave Entitlement 3 Annual Leave for Flexible or Non-standard Working 4 Annual Leave when Leaving the Scottish Government 5 Payment for Untaken Leave 6 Recall to Work During Annual Leave 7 Sickness and Annual Leave 8 Take Annual Leave when Suspended from Duty Maternity Leave 9 Antenatal Care Appointments 10 Returning to Work After Maternity Leave Travel, Subsistence and Expenses 11 Travel & Subsistence Advances 12 Travel & Subsistence Charge Card Working outside UK / International remote working 13 International Travel

Please note that with regards to the International Travel Policy we have had to apply two exemptions under FOISA. While our aim is to provide information whenever possible, in this instance an exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to your request. Disclosing this information would substantially prejudice our ability to carry out the effective conduct of public affairs. Providing details about the information you have requested into the public domain could, for example, subsequently be used by threat actors, building a picture of our security capability, to evade any controls we might or might not have in place. This could therefore enable them to target specific types of attack or data exfiltration methods and would constitute substantial prejudice to the effective conduct of public affairs.

In addition, an exemption under section 38(1)(b) of FOISA applies to the International Travel Policy because it contains personal data of a third party (i.e. names/contact details of individuals) and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. 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.

Please also note that in terms of pay policy, further information can be found on the Scottish Government website at: Public sector pay policy 2024 to 2025 - gov.scot.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

Detected exemption language

Response In response to your request, please note the following employment policies in the table below have previously been published as part of past FOI requests, on that basis this is a formal notice under section 25(1) of FOISA that the information you have requested is otherwise accessible. Topic Area Document Number Policy Name Annual Leave 1 Annual Leave – a guide for Managers 2 Annual Leave Entitlement 3 Annual Leave for Flexible or Non-standard Working 4 Annual Leave when Leaving the Scottish Government 5 Payment for Untaken Leave 6 Recall to Work During Annual Leave 7 Sickness and Annual Leave 8 Take Annual Leave when Suspended from Duty Maternity Leave 9 Antenatal Care Appointments 10 Returning to Work After Maternity Leave Travel, Subsistence and Expenses 11 Travel & Subsistence Advances 12 Travel & Subsistence Charge Card Working outside UK / International remote working 13 International Travel Please note that with regards to the International Travel Policy we have had to apply two exemptions under FOISA. While our aim is to provide information whenever possible, in this instance an exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to your request. In addition, an exemption under section 38(1)(b) of FOISA applies to the International Travel Policy because it contains personal data of a third party (i.e. names/contact details of individuals) and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.

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