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ref: 04 28 10 foi request 2 d smith
28 April 2010
Dear Ms Smith
Request for information from Acas made on 29 March 2010 under the Freedom of Information Act (FoIA)
Thank you for your request, purportedly made under the Freedom of Information Act, for details of the number of post Tribunal claim conciliations undertaken by Acas involving certain local authorities between 2006 and 2009, broken down by year, in circumstances where the claimant was alleging unfair dismissal. You also asked that, if possible, we should provide information as to the outcome of those conciliations.
On a strict reading of the provisions of the FoIA, Acas is not a 'public authority' and as a consequence any information which Acas holds is not susceptible to FoIA disclosure. However, as a mainly publicly funded body, Acas seeks generally to act as if it were subject to the FoIA and to comply with obligations on public authorities subject to the Act, as long as to do so would not breach any reasonable expectations of confidentiality individuals and organisations with whom Acas deals in its dispute resolution and other work might have, or where the release of information would be prejudicial to the conduct of public affairs, or where it was obtained in confidence.
We believe that if we were to say whether or not we had conciliated in regard to a particular local authority (or any employer or individual, come to that), reasonable expectations of confidentiality which that local authority, employer or individual had would be breached: customarily, Acas seeks neither to confirm or deny whether or not individuals and/or organisations have been or are availing themselves of its services. This is because we are concerned that to do otherwise might act as a disincentive to individuals and organisations to seek to resolve employment and workplace differences and disputes other than through judicial determination, which we believe would be contrary to public policy and not in the public interest.
However, in order to be as helpful as possible, whilst not beaching reasonable expectations of confidentiality, I can say the following:
in 2006, Acas brokered settlements in 34 net* unfair dismissal claims brought against the local authorities named in your request, 38 net claims were withdrawn in conciliation and 32 were determined by the Employment Tribunals;
in 2007, Acas brokered settlements in 42 net* unfair dismissal claims brought against the local authorities named in your request, 44 net claims were withdrawn in conciliation and 21 were determined by the Employment Tribunals;
in 2008, Acas brokered settlements in 40 net* unfair dismissal claims brought against the local authorities named in your request, 38 net claims were withdrawn in conciliation and 20 were determined by the Employment Tribunals;
and in 2009, Acas brokered settlements in 22 net* unfair dismissal claims brought against the local authorities named in your request, 26 net claims were withdrawn in conciliation and 11 were determined by the Employment Tribunals.
* in counting conciliations undertaken, Acas nets down multiple claims where the claims arise out of the same circumstances and where the claimants are commonly represented (e.g. by a lawyer or trade union official).
Nevertheless, it does not follow, and neither should it be inferred, that Acas conciliated in claims brought against any or all of the local authorities named in your request.
I hope you find the above helpful and do please contact me again if I can be of further help. As you may be aware, information and advice on these matters can also be obtained from the Information Commissioner at:
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 08456 306060 or 01625 545745
and at http://ico.gov.uk
With best wishes
PP Neil Edwards, sent on behalf of:
Keith Mizon
Director, Individual Dispute Resolution
Acas National
22nd Floor
Euston Tower
286 Euston Road
London NW1 3JJ
Tel: +44 (0)1284 774514
Mobile: +44 ( 0)7770522005
Fax: +44 (0)1284 765173
email: [email address]
www.acas.org.uk
By email: [FOI #30528 email]
Acas National
22nd Floor
Euston Tower
286 Euston Road
London NW1 3JJ
t 020 7210 3613