18/12/08

Dear Syd Shaw

Re: Your request for information

Thank you for your request regarding the Single Status Job Evaluation exercise. Your request has been processed in accordance with the Freedom of Information Act 2000.

Initially, I would like to take this opportunity to apologise for any delay in responding to your request. This is due a clerical error within this section, and the Single Status team being inundated with requests and looking at ways of how best to respond to the enquiries they have received. Please be assured that despite the delay encountered in the release of this information it has never been the Authority's intention not to respond to these enquiries.

As you may be aware, the Information Governance team has been providing continued advice and assistance to the Single Status team on how best to resolve the requests that have been generated under the Freedom of Information Act 2000. The Single Status team has now resolved how best to respond to requests and the final job reports and scores for every job evaluated will be published both on the Intranet and the Internet on or before the 19^th December 2008. On this basis, we are applying a section 22 `future publication' exemption to all new grades within the Environment and Regeneration Department.

As we have relied on section 22 of this act to exempt information we are also required to carry out a Public Interest Test as defined in section 2 of this act. This is a test of whether the public interest in withholding the information is greater than in releasing it. In this case we feel it is in the best interests of the public that the information you have requested is withheld as the final scores, grades and reports for every job will be published before implementation and will be made available to employees so that they can have the necessary information for the appeals process. Therefore the delay in publication is not disadvantaging individuals in any way.

For the above reason we feel it is appropriate in this case to maintain the exemption and withhold the information.

Please find attached the document '08-4185 Attachment.XLS' which lists all posts in the Environment and Regeneration Department and their current grade. This information is taken from the Authority's Delphi payroll system.

In addition you have requested amount of back pay due for each post within the Environment and Regeneration Department. As this information relates to the employment history of the individual in post, I can advise that the Authority considers this personal information as it relates to an individual's salary details and therefore their personal finances and not to the post. With this in mind we are required by section 40(2) of this act to take into account the principles of the Data Protection Act 1998. The amount of back pay any individual(s) may receive as part of the job evaluation process has not had any bearing on the outcome of the job evaluation process, but is merely a by-product of it. The Authority can see no legitimate interest (as per Schedule 2 paragraph 6(1) of the Data Protection Act 1998) in disclosing this information and therefore we believe that to do so would constitute a breach of the Data Protection Act 1998. For the above reasons we believe it is appropriate to maintain the section 40 exemption and withhold the amount of back pay (if any) each employee within the Environment and Regeneration has received.

Owing to the fact that this authority is applying an exemption to all or part of the information you have requested, please accept this letter as a refusal notice issued in accordance with section 17 of this Act.

Most of the information that we provide in response to Freedom of Information Act 2000 requests will be subject to copyright protection. In most cases the copyright will be owned by Nottingham City Council. The copyright in other information may be owned by another person or organisation, as indicated in the information itself.

You are free to use any information supplied for your own use, including for non commercial research purposes. The information may also be used for the purposes of news reporting. However, any other type of re-use, for example, by publishing the information or issuing copies to the public will require the permission of the copyright owner.

For information where the copyright is owned by the Council details of the conditions on re-use can be obtained by contacting the Information Governance Office of Nottingham City Council at The Guildhall, Nottingham, NG1 4BT or by telephoning us on (0115) 9154155. For information where the copyright is owned by another person or organisation, you must apply to the copyright owner to obtain their permission.

If you should have any questions please do not hesitate to contact me on the above number quoting your personal case reference which is IGO/08-4185.

In your email dated 18^th December 2008 you have requested an internal review of your request. If on receipt of this information you still wish to pursue this course of action please inform us and we will acknowledge and process accordingly. If you remain dissatisfied after receiving a response to your initial review you can request an independent review from the Information Commissioner's Office at FOI/EIR Complaints Resolution, Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. You may also contact the Information Commissioner's Office by telephone on 01625 545745 or by email at [email address].

Yours sincerely

Aidan Blenkinsopp

Senior Information Governance Officer

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