Agency worker: Agreements, Contracts, pay scales

Dear Mr Blair

Freedom of Information request - Ref 1261

Thank you for your request for information about agency worker agreements,
contracts and pay scales. We received it on 9 February 2009.

I am dealing with your request under the terms of the Freedom of
Information Act 2000. Subject to any exemptions under the Act I aim to
reply in line with the statutory deadline i.e. by no later than 9 March
2009.

There may be a fee payable for information. If so, any fee must be paid
before the information can be released and the 20 working day time limit
for responding will be suspended until we receive the payment. If this is
the case with your request I will let you know.

Further advice on the Freedom of Information Act is available from the
Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire
SK9 5AF, telephone: 01625 545 700, website:
[1]http://www.informationcommissioner.gov.uk.

Yours sincerely

Joanne Summerill

Information Governance Assistant

Commissioning Division

Tel: 0121 704 6169

Email [2][email address]

Website: [3]http://www.solihull.gov.uk

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References

Visible links
1. http://www.informationcommissioner.gov.uk/
2. mailto:[email address]
3. http://www.solihull.gov.uk/

Dear Mr Blair

Freedom of Information request - Ref 1261

I am writing further to your request for information about agency worker
agreements, contracts and pay scales. We received it on 9 February 2009.

You asked for the following information.

Contracts or equivalent information/documents

1.1) Copies of any contracts you have for the provision of temporary
worker agency staff, with regards agency/temporary social care/social
worker staff/workers. Contracts you may have with individual agency staff
recruitment businesses/services, hereafter called 'Vendors'. Or contracts
you may have with organisations like, Comensura, Manpower, Reed, hereafter
called 'Managed Service Provider' who provide Master/Vendor Neutral
framework to manage all vendors on behalf of Public Authorities like
yourselves.

Hourly Pay scales/rates with regards agency/temporary social care/social
worker staff.

1.2) A list of each Vendor you use and copies of hourly pay-scales/rates
you hold for each Vendor. Whether or not you use each Vendor via a Managed
Service Provider framework. Please ensure any provided pay-scale
information provided explains how many years of experience is required to
be applicable to any specific hourly rate.

Panel Vendor Agreement or equivalent information/documents

1.3 A copy of any contract/agreement used by yourself or any Managed
Service Provider to manage individual Vendors through any Master/Vendor
Neutral framework you operate or participate in, this is sometimes called
a Panel Vendor Agreement.

I can confirm that we do have a contract for the provision of all
temporary staff. This is with Hays Resource Management. They are a
Managed Service Provider and Master Vend provider . Details of the
current contract are available on the Council's website in the list of
corporate contracts at the following link:
[1]http://www.solihull.gov.uk/tenders/corpo....

However we are not releasing a copy of this contract, or hourly pay rates,
or panel vendor agreement or equivalent documents. In not disclosing the
information the Council is relying upon exemption - section 43 of the
Freedom of Information Act - commercial interests. This exemption applies
where disclosure would, or would be likely to, prejudice the commercial
interests of any party, including the Local Authority holding it.

The Council has decided that as we are presently tendering for a second
generation of the contract, disclosing this information could seriously
compromise our position and undermine the competitive process and
therefore prejudice our commercial interests.

Section 43 is a qualified exemption. This means it is subject to the
public interest test. This means that having established that an
exemption applies we have to decide whether it is more in the interests of
the public to uphold the exemption or to disclose the information.

We have decided that it is in the public interest to uphold the
exemption. It is not in the interests of the public to release
information that could undermine the competitive process of tendering.

It may be useful to tell you that while we are unable to release this
information at this time once the tender is over we may be able to
re-consider your request. The contract will be awarded in November. If
you re-submitted your request then we would look into the matter again.
We would ask the company whose tender was successful if they are willing
for any of their information to be released.

You also asked whether any of the information requested in 1.1, 1.2, 1.3
has ever been disclosed before under the FOI Act. I have checked our
records and can confirm that we have never been asked for this specific
information before so we have not had to release it.

I hope that the explanation that I have provided is to your satisfaction.
If you are unhappy with the service that you have received in relation to
your request and wish to make a complaint or request a review of our
decision you should write to Andrew Shipway Corporate Information
Governance Manager, PO Box 18, Council House, Solihull, West Midlands B91
9QS or email [2][Solihull Borough Council request email] by 6 April 2009. I enclose a copy
of the Complaints and Appeals procedure that gives further details.

If you are not content with the outcome of your review or complaint, you
may apply directly to the Information Commissioner's Office (ICO) for a
decision. Generally the ICO cannot make a decision until you have
exhausted the complaints procedure provided by the Council. The
Information Commissioner can be contacted at Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF, telephone: 01625 545 700, website:
[3]http://www.informationcommissioner.gov.uk.

Should you have any further questions please do not hesitate to contact
me.

Yours sincerely

Joanne Summerill

Information Governance Assistant

Commissioning Division

Tel: 0121 704 6169

Email [4][email address]

Website: [5]http://www.solihull.gov.uk

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References

Visible links
1. http://www.solihull.gov.uk/tenders/corpo...
2. mailto:[Solihull Borough Council request email]
3. http://www.informationcommissioner.gov.uk/
4. mailto:[email address]
5. http://www.solihull.gov.uk/

Dear Mr Blair,

I am writing to acknowledge receipt of your request for an internal review. I will deal with this matter at stage one of the complaints / appeals procedure and aim to have completed it within 10 working days.

It would help speed up matters if you would explain what you are asking me to review. For example your request was split into three parts, part 1.1, 1.2 and 1.3. Does your appeal relate to all three parts? If you disagree with the Council's application of the section 43 exemption (commercial interests) can you provide any reasoning as to why you disagree which might help focus my investigation into the matter? Any further information would be of great help to me.

Yours sincerely,

==============================================
Mr Andrew Shipway
Corporate Information Governance Manager
Corporate Performance Policy and Information Department
Solihull Metropolitan Borough Council
Tel: 0121 704 6251
Email: [email address]
Website: www.solihull.gov.uk
==============================================

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Dear Mr Blair,

I am writing again to ask for clarification on what you are asking me to
review. Are you able to provide any further information which will help
focus my investigation into the matter?

Yours sincerely,

==============================================

Mr Andrew Shipway

Corporate Information Governance Manager

Corporate Performance Policy and Information Department

Solihull Metropolitan Borough Council

Tel: 0121 704 6251

Email: [email address]

Website: www.solihull.gov.uk

==============================================

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Dear Mr Blair,

I am writing again to ask for clarification on what you are asking me to
review. Are you able to provide any further information which will help
focus my investigation into the matter? In the meantime, I shall not
proceed with my review until I hear from you.

Regards

==============================================

Mr Andrew Shipway

Corporate Information Governance Manager

Corporate Performance Policy and Information Department

Solihull Metropolitan Borough Council

Tel: 0121 704 6251

Email: [email address]

Website: www.solihull.gov.uk

==============================================

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Dear Mr Blair

I note that I never received a response from you. Given the amount of time that has passed I now consider the matter closed.

Yours sincerely,

==============================================
Mr Andrew Shipway
Corporate Information Governance Manager
Corporate Performance Policy and Information Department
Solihull Metropolitan Borough Council
Tel: 0121 704 6251
Email: [email address]
Website: www.solihull.gov.uk
==============================================

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