A Politically Restricted Post is a role with limits placed on the postholder's ability to engage in political activities, both inside and outside work. These restrictions are designed to maintain political neutrality in key positions.

• Legal Basis: Defined under the Local Government and Housing Act 1989 and related regulations. 
• Purpose: To ensure that employees in influential or advisory roles remain impartial and do not use their position to promote political views. 

The full guidance is available at LGPREAS - Local Government Political Restrictions Exemptions Adjudicator for Scotland.

The post holder cannot:

• stand for election to:
• UK Parliament
• Scottish Parliament
• Any local authority
• act as an election agent or canvass for a political party. 
• hold office in a political party or publish material intended to influence public support for a party. 
• speak publicly with the intention of promoting or opposing a political party. It is not permissible to publish, or have published by another, work where it appears the intention is to affect public support for a political party. This restriction extends to include messages and materials that are published on social media and available to the public (see Falkirk Council's Social Media Guidance available on the Intranet).

The legislation outlines 4 categories of Politically Restricted Posts, as noted below:

Statutory roles: Category A

• Chief Executive
• Monitoring Officer
• Chief Finance Officer
• Chief Social Work Officer

Non statutory Chief Officers: Category B

• Directors
• Heads of Service
• Service Managers
• individuals who report directly to the Chief Executive
• individuals who are directly accountable to one or more of the Chief Officers.

Roles involving duties: Category C 

• Regularly giving policy advice to the Council or its committees.
• Acting as a spokesperson to the media on behalf of the Council.

A list of job titles that fall into this category are attached at Appendix A. This list is reviewed by HR on an annual basis.

Delegated authority roles: Category D

• Employees exercising powers normally held by politically restricted posts for more than 6 months. 

Statutory Exemptions

Teaching Posts

These posts are not politically restricted, even if their duties might otherwise qualify. 

• Head Teachers
• Principals
• Teachers
• Lecturers 

Secretarial, Clerical, and Support Staff

These roles are exempt unless their duties involve:  

• Regularly giving policy advice to the Council or its committees.
• Acting as spokespersons to the media on behalf of the Council.

• Employees whose posts are politically restricted because of duties (eg giving advice or media contact) can appeal. 
• Statutory posts (eg Chief Executive, Monitoring Officer, Chief Finance Officer, Political Assistants) cannot appeal.

In line with the legislation, applications should be made either to the Adjudicator or via Falkirk Council's HR Helpdesk.

Please note this is distinct and separate to the internal grievance process.