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Public Appointments > Research and Reports > Complaint Reports > Unfair treatment in public appointments

Unfair treatment due to an unwritten policy to progress applicants sharing protected characteristics outlined in positive action (diversity) statements in applicant packs before those who do not

05 February 2024

 

The Office of the Ethical Standards Commissioner undertook an investigation into a stage 3 complaint. The complainant alleged that there is an unwritten policy of positive discrimination within the Scottish Government’s public appointments process. 

This investigation, entailing a detailed review of the 15 appointment rounds which the complainant was involved in, found that there is no evidence of positive discrimination within the public appointments process. A review of the details published in the Scottish Government’s news releases revealed, however, that the information about these appointees fail to demonstrate their candidacy for their roles against the requirements sought for during the appointment rounds. This can result in a misleading impression that these were not the most suitable candidates for appointment.

Ultimately, the conclusions for this investigation culminated in several recommendations for the Scottish government, which aimed to improve:

  1. the transparency of the basis on which successful appointees are identified;
  2. the respect that unsuccessful applicants are afforded when they request feedback on their applications; and,
  3. the respect that complainants are afforded when they complain to the Scottish Government.

Full details are included in the report.