The Police Service of Scotland (Performance) Regulations 2014

Appeal against finding at performance hearing

44.—(1) If at a performance hearing or a further performance hearing, the chairing constable finds that the constable’s performance is unsatisfactory and orders dismissal or demotion in rank, the constable may appeal against—

(a) the finding of unsatisfactory performance; and

(b) the disposal ordered.

(2) An appeal under paragraph (1) may be made only on one or more of the grounds of appeal specified in paragraph (3).

(3) The grounds of appeal are—

(a) that the finding of unsatisfactory performance is unreasonable;

(b) that the disposal ordered is unreasonable;

(c) that there is evidence that could not reasonably have been considered at the performance hearing or further performance hearing (as the case may be) which could have affected materially—

(i) the finding of unsatisfactory performance; or

(ii) the disposal ordered; and

(d) that there was a breach of the procedures set out in these Regulations or any other unfairness which could have affected materially—

(i) the finding of unsatisfactory performance; or

(ii) the disposal ordered.

(4) An appeal under paragraph (1) is to be commenced by the constable submitting a written appeal notice to the deputy chief constable not later than 30 working days from the date on which the constable receives the notice under regulation 39(2) of the decision in relation to which the appeal is made.

(5) A notice under paragraph (4) must—

(a) set out the finding or the disposal (or both) against which the appeal is made;

(b) set out the grounds of appeal;

(c) specify whether the constable requests an appeal hearing; and

(d) be accompanied by any evidence on which the constable intends to rely.

(6) The chief constable may, on the application of the constable, extend the period mentioned in paragraph (4) if satisfied that it is appropriate to do so.