Public Sector Management (Breaches of Public Sector Standards) Regulations 2005

When the Commissioner is given a report under regulation 19 resulting from the review of a claim, the Commissioner is to consider —

the claim, the report and any documents provided under these regulations that relate to the claim, other than a document considered confidential by the conciliation and review officer under regulation 18(2); and

any other information or document that the Commissioner obtains and considers relevant to the claim.

On the basis of the material considered under subregulation (1) the Commissioner is to determine —

that the public sector body or its employing authority has breached a public sector standard and, if so, whether to recommend or, instead of making a recommendation, to direct that relief or no relief be given by the public sector body to the claimant; or

that the public sector body and its employing authority have not breached a public sector standard and the claim is to be dismissed.