Compensation paid due to unfair dismissals

Dear Mr Ahmed

I can confirm that the College replied to your request on 15 April 2011.

I give below a copy of the information previously sent:

15 April 2011

Dear Mr Irfan Ahmed

Freedom of Information Request

I write in response to your request for information under the Freedom of
Information Act 2000 ("the FOIA").

You have requested "figures for the amount of compensation that was paid
to a former employee". More particularly, you request "(i) the figure that
was paid out to Mr Muhammad Asghar (Ali)?" And "(ii) from which funds this
payment was made?"

I can neither confirm nor deny that the college holds information falling
within the description of your requests as set out above, as I believe
that the college is exempt from the requirements of the FOIA on the
following ground:

The information constitutes third party data (of the former employee) and
is exempt under s.40 of the FOIA in that the information is (sensitive)
personal data covered by the Data Protection Act 1998 (DPA). Section 40(5)
of the FOIA provides that a public authority's duty to confirm or deny
whether requested information exists does not arise in relation to
information to the extent that providing such confirmation or denial would
breach the principles set out in the DPA including the principle that the
data must be processed fairly and lawfully.

Following careful consideration, I consider the public interest in
maintaining the exemption to neither confirm nor deny that the college
holds the information outweighs the public interest in disclosure.

If you remain dissatisfied with the handling of your request or complaint,
you have a right to appeal to the Information Commissioner at: The
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF.

Yours sincerely

Graham Monkhouse

Nelson and Colne College

From: Irfan Ahmed [mailto:[FOI #69157 email]]
Sent: Wed 18/05/2011 11:58
To: Learner Services Account
Subject: Re: Freedom of Information request - Compensation paid due to
unfair dismissals

Dear Nelson and Colne College,

I am still awaiting a reply.

Yours faithfully,

Irfan Ahmed

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Dear Mr Irfan Ahmed

Freedom of Information Request

I write in response to your request for information under the Freedom of
Information Act 2000 ("the FOIA").

You have made the following requests for information:

(i) "Figures of compensation paid to former employees of Nelson and
Colne College for unfair dismissal over the last 12 months";
(ii) "how many cases between the College and former employees have gone
to tribunals which have led to them being ruled unfair dismissals?

I can confirm that the college holds some of the information you
requested.

I have considered your request and am unable to release the information
requested as I believe that the college is exempt from the requirements
of the Act to disclose such information on the following grounds:

Some of the information requested constitutes personal third party data
and is exempt under s.40 of the FOIA in that the information is covered
by the Data Protection Act 1998. The information also constitutes
confidential and sensitive personal third party data. Disclosure of
personal data would render the college in breach of the principals
contained within the Data Protection Act 1998, namely that data must be
processed fairly and lawfully.

The college is further aware that you have previously made a request for
information in respect of a named individual that was refused on the
basis that the information requested constitutes personal data about a
named third party. I consider your request to be a revised approach to
ascertain information requested in your previous request for information
and reiterate that the exemption set out previously under section 40 of
the Act applies.

Following full consideration, I consider the public interest in
maintaining the exemption outweighs the public interest in providing the
information.

Some of the information that you request is also information that would
be reasonably accessible by other means and is therefore exempt under
section 21 of the Act. Any findings made by a Judge in a court of law,
such as a tribunal, are a matter of public record.

If you are unhappy with the way your request for information has been
handled, you can request a review by writing to: Anita Ghidotti at the
College or email [email address]

If you remain dissatisfied with the handling of your request or
complaint, you have a right to appeal to the Information Commissioner
at: The Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.

Yours sincerely

Graham Monkhouse
Nelson and Colne College

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