IGO/10-7088 and 10-6950
Mr B Rodgers
Sent via email to email@example.com Tel:
0115 876 3855
22nd July 2010
Dear Mr Rodgers Re: Your appeal (IGO Ref: 10-7088) against our lack of response to your
original request (IGO Ref: 10-6950).
Thank you for your email dated 10th June 2010 in which you requested clarity
surrounding your two separate requests, one made under the Freedom of Information
Act 2000 (IGO Ref: 10-6950) and one made under the Data Protection Act 1998 (IGO
Initially, I would like to take this opportunity to apologise for the delay in responding to
your request. This is due to difficulties obtaining the information from the departments
concerned. Please be assured we are currently carrying out a thorough review of all
our office procedures to minimise the possibility of any future delays.
The questions you asked in your original request (10-6950) were: Please provide;
1. The number of employees who have left the authority for any reason since the
1st April 2006. Please split this into financial years.
2. The total cost of providing back pay or 'compensation' to these employees
under the Single status proposals that were offered in Autumn of 2009 (I
believe this offer that was made in October).
3. The total cost of providing back pay or 'compensation' to these employees
under the Single status proposals offered in April 2010 as agreed at the
Appointments and Conditions of Service Committee of March 26 2010 and
resolved at the Executive Board meeting of April 1st 2010.
4. The papers circulated and options considered at the above two meetings. I
understand up to now these have been kept confidential. Reasons given for
this are that this is in accordance with Section 100A(4) of the Local
Government Act 1972. I wish to challenge the validity of this due to the fact that
some of the options considered may be illegal and therefore believe public
interest in disclosing this information outweighs maintaining this exemption.
5. The cost to the council so far in respect of Single Status or Job Evaluation
including any compensation or future re-grading of jobs. Please break this
down into wages, legal fees, consultancy, publicity and other costs and to each
6. Any council strategies current or past that relate to Single Status and its
7. The council's current plans for communication and implementation of Single
Status and Names and Titles of Officers responsible for specific roles.
8. Copies of any legal advice offered to the authority relating to single status from
2002 to current date.
I can now provide the following information by way of response;
1. Please see table below detailing the number of leavers per financial year.
2. and 3. The Council is no longer paying ‘back pay’ or ‘compensation’ payments,
therefore and in accordance with section 1 of this Act, this information cannot be
provided as it is not held by the Authority.
Calculations were not undertaken to pay compensation to former employees to a
point of October 2009. At April 2010, proposals had changed with regard to payment
of compensation. It was proposed to pay incentive payments to those who agreed to
vary their terms and conditions of employment, but to qualify there must be an
employment relationship at 1st November 2010. Therefore former employees would
not qualify. Calculations were however made in March 2010 that should
compensation be paid to former employers to a point of 31st January 2010, the cost
would have been £2.241m.
4. and 8. On the issue of access to the exempt reports and access to the relevant
legal advice, I can advise that unfortunately it is my view that these reports and all of
this legal advice are covered by the legal advice exemption in Section 42 of the Act
and by the Section 44 exemption of prohibited by another enactment. In addition I
believe this information will remain so covered for some time yet, given the potential
for historical claims, and the fact that these matters are still current. Section 44 is an
absolute exemption and therefore requires no public interest test to be applied to its
application. Section 42 however is qualified and does require that a public interest test
to disclosure be applied.
I can advise having considered this information and the fact that it was exempted from
disclosure to the public in first instance, and that this matter is live and remains
ongoing, that I am of the view that the original reasons for exemption remain current
and valid, as does the public interest tests which were applied at the time. I will
therefore re-iterate for you below the original reasoning used and upon which I now
rely to exempt this information from disclosure.
“This information is exempt from disclosure under paragraphs 4 and 5 of Part I
Schedule 12A of the Local Government Act 1972 because they contain information
relating to any consultation or negotiations or contemplated consultations or
negotiations in connection with any labour relations matter arising between the
Authority or Minister of the Crown and employees of or officers holders under the
Authority, information I respect of which a claim to legal professional privilege could
be maintained in legal proceedings.
Furthermore and having regard to all circumstances, the public interest in maintaining
the exemption outweighs the public interest in disclosure. This is because information
relates to any individual and/or is likely to reveal the identity of an individual. In
addition disclosure of information could prejudice any resultant consultation on the
issues that are the subject of the report and could waive legal professional privilege in
any legal proceedings arising from the issues that are the subject of the report”.
5. See spreadsheet attached entitled ‘Q5 answer FOI 09-6950 SS breakdown FINAL’.
6. See Single Status documents attached. These documents are entitled ‘Single
Status Strategy job’, ‘booklet 1’, ‘booklet2’, ‘booklet 3’, and ‘booklet4’. If you require
any further information, please can you specify a time period covering how far back
you would like us to search, and exactly what types of documentation you require, i.e.
that which went to a committee, that which has been given to current employees, etc?
I have also conducted a search of the Committee Online system on your behalf and it
has revealed only the following report which is in the public domain:
33/SingleStatusImplementation.doc Executive Board 22 May 2007
As you may already be aware, there have been a number of reports which have been
considered by the Appointments and Conditions of Service Committee and the
Executive Board but these are and remain exempt from publication, so are not
publicly available for the reasons given above in response to questions 4 and 8.
7. See Single Status documents attached which detail the Councils current proposals
and timescales and the contact details for the Single Status team. The most up-to-
date booklet is booklet 4. If there are any specific posts within the Single Status team
structure that you are particularly interested in having contact details for, then please
let me know, but the most relevant persons responsible for this project are:
Angela Probert, Director, HR and Organisational Transformation
Gareth Harries now replaced by Stuart Walls, Single Status Project Manager
Della Sewell, HR Strategy and Employee Relations Manager
Richard Henderson, Head of HR Management and Strategy
Richard Hughes, HR Consultant
Lucelia Peterson, Remuneration Manager
Kirsty Spencer, Job Evaluation Manager
Nicola Wild and Lindsey Trueman, Senior HR Officers
Damian Greaves, Senior Job Analyst
The above are supported by several job analysts, equal pay officers and data
analysts and administrative assistants.
8. See answer given above for question 4 as all reasoning also applies to question 8.
As a result of the delays encountered in both your original request, leading to you
receiving no response at all within the statutory timeframe, and the delay in th
issuing of this reply in response to your appeal, I uphold your complaint.
I sincerely apologise for the delays encountered and any inconvenience this may
have caused you.
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
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 Loxley House, Station Street, Nottingham, NG2 3HX or by
telephoning us on (0115) 8763168. For information where the copyright is owned by
another person or organisation, you must apply to the copyright owner to obtain their
If you remain dissatisfied after receiving my response to your complaint you can
request an independent review from the Information Commissioner's Office at DPA
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
Mrs S Pearson
Information Governance Office