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WRITTEN QUESTION TO THE CHIEF MINISTER BY DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT
ANSWER TO BE TABLED ON TUESDAY 14th FEBRUARY 2006
Would the Chief Minister –
( a ) advise whether he will be discussing the matter of long term suspension from public service and the
effects this has on the individual and the employer with his fellow Ministers?
( b ) id e n tify and explain the reasons why some suspensions are so lengthy? and,
(c ) put in place measures to ensure that lengthy suspensions are confined to complex financial or
international investigations and do not happen for clearly less complicated cases?
Answer
- Yes, the issue of long termsuspensions,including their effects,was discussed at a meeting of the Council of Ministers on9thFebruary2006.
- There are a number of reasons why some suspensions are lengthy.
I n dividual cases may require police investigation, and this can take some time in the more complex cases.
Depending on the outcome of an investigation, it may then be necessary to refer a case file to the Law Officers' Department for a decision on a possible prosecution.
A ny decision by the employer to suspend a member of staff is subject to an agreed disciplinary framework.
This framework has been developed over an extended period and is compliant with the ACAS Code of Practice. This means that disciplinary procedures are subject to a process of investigation and hearings, with provision being made for the right of representation and appeal. Whilst this process may take some time, it is important that such matters are dealt with properly and do not expose the employer to the risk of legal challenge and claims for compensation.
- The Councilof Ministers fully shares my deep concernabout the numberof long term suspensions,and wishes to ensure that all cases are dealt with as expeditiously aspossible. I haveaccordingly asked my Chief Executive to carry out an urgent investigation into the matter, and to report back to me with recommendationsasto how thecurrent situation can beimproved.