Any employee, when questioned about an action under disciplinary process, is made aware of his/her rights. They ask. Their employer tells.
You're interviewed by a cop, any cop - except Frank Smith of course - and you ask what your rights are, you'll be told. That's the Tulliallan way (I could imagine Sir Sean saying it in the movie.)
You find yourself in court, and you ask a judge what your rights are, and the trial won't proceed until the court is certain that you're up to speed with what your rights are.
But then you get dragged before the council's gopher, or its kangaroo court, you ask them what your rights are and they will tell you. Straight away. No problem. In fact they'll direct you to your licensing conditions where you're rights are clearly detailed.
You meet gopher "woman cabbie crying" Higgy boy and he'll wax lyrical about your rights. He will not proceed until he is certain that you know fully what they are. Every step of the process will be advised to you, and in writing, so you can take them away and bring yourself up to speed.
In Edinburgh, when new taxi drivers are going through the induction modules, a complete module exists to explain what a driver's rights are under the council's licensing system.
So, when you ask a council what your rights are, all they have to do is smile, reach onto the shelf where the rights are stored, pull them down, dust them off, and say in their usual superior way, "There you are pal. There's you're rights," and then sit back with a large smirk on their faces.
Er, NO!!!!
So, why can't they show how they considered our rights? Why is there no audit trail showing how they investigated what those rights are, and how they've considered all of their licensing processes in respect of them, and how they've ensured that our rights are being accorded to us?
Very curious.
Can't wait for SPSO's answer. If the council has administered licensing properly, then SPSO has to identify all of the above and require the council to show us all this information. Council wins, although the rights identified would then be subject to scrutiny and complaint, and the question would be asked why these "rights" have never been accorded in past cases, big compo the order of the day for past councillor stiffings
.
If CEC hasn't administered the matter properly, hasn't identified real rights and advised us of them, and SPSO can't show us how the council did so, then big compo on the way.
And, if SPSO, decide they will do all they can to protect the council and find some lame excuse as to why the council doesn't have to show us how it administered our rights into their process, then SPSO will be signing its own demise warrant. Supposed to be independent of public authorities, and supposed to protect the public, such bias would be its death knell.
SPSO is taking its time to "get it right". Can't wait for their latest wheeze.
Meanwhile here's a competition for all taxi drivers. Not just in Edinburgh, but EVERY cabbie in the United Kingdom.
How did your council advise you of what your rights are under their licensing investigation and disciplinary process?
Answers on the back of a fag packet please
It truly is great fun to see undemocratic, unaccountable government getting its knickers in a twist.
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