Bullying and Harassment

Vicky Gray made this Freedom of Information request to West Berkshire Council

The request was successful.

From: Vicky Gray

Dear Sir/Madam

I would like to know how many employees of the city council have
been absent from work due to either stress, anxiety, depression or
any combination of those ailments between 1st August 2004 and 31st
October 2008.

Please also confirm how many complaints of bullying have been made
by employees of the council against managers or colleagues during
the same period.

Please confirm how many employees have claimed constructive
dismissal within the same period for bullying/harassment.

Please confirm how many claims have been filed against the city
council at the Employment Tribunal within the same period for
bullying/harassment.

I would ask that you remember the statutory duty imposed upon
public authorities by virtue of Section 16 of the Freedom of
Information Act to provide advice and assistance to requesters. If
for any reason you are leaning toward rejecting any part of this
request or if you plan to argue that it is unmanageable or
unanswerable in any way then I would expect you to contact me
promptly to find ways to answer this request to our mutual
satisfaction.

Yours sincerely

Vicky Gray

Link to this

From: Sue Broughton
West Berkshire Council

I am out of the office on Thursday and Friday 4th and 5th December
returning on Monday 8th December. Staff will be monitoring my emails for
the duration and will deal with complaints and requests . I will respond
to other emails on my return.

Link to this

From: Vicky Gray

Dear Sir or Madam,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of West Berkshire
Council's handling of my FOI request 'Bullying and Harassment'.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/bu...

Yours sincerely,

Vicky Gray

Link to this

From: Sue Broughton
West Berkshire Council

FoI/2008/315

Dear Ms Gray,
Thank you for your request. We have received previous requests about staff
taking sick leave because of stress, anxiety or depression. However,
information about a member of staff's health (which is sensitive personal
data under the Data Protection Act 1998) is not collected or collated
separately in this format. It is only held within officers personnel
files, and I am afraid that to look through the personnel files for in
excess of 5,000 staff (I have assumed you are including schools staff)
over four years would exceed the 'appropriate limit' under section 12 of
the Freedom of Information Act 2000. However, you may find our published
staff statistics which give details of general sickness returns of
interest. These also list % of staff sickness returns attributed to
anxiety, stress and depression (so for example, the % of sickness returns
in 2006-7 which were attributed to stress, anxiety and depression was 7%
- Annual Employment Report 2006-7 Section 9). Please note that the
Employment Reports do not include schools staff.
[1]http://www.westberks.gov.uk/index.aspx?a...

However, the other information may be retained separately and I will
discuss this with colleagues and see what 'recorded information' is held
to respond.

Yours Sincerely

Sue Broughton
Information Management Officer
Policy & Communication
Council Offices
Market Street
Newbury
Berkshire RG14 5LD

Tel: 01635 519747
Email: [2][West Berkshire Council request email]

You should be aware that all emails received and sent by this Council are
subject to the Freedom of Information Act 2000 and therefore may be
disclosed to a third party.

--------------------------------------------------------------------------

From: Vicky Gray [mailto:[FOI #4541 email]]
Sent: Thu 04/12/2008 16:59
To: Sue Broughton
Subject: Freedom of Information request - Bullying and Harassment

Dear Sir/Madam

I would like to know how many employees of the city council have been
absent from work due to either stress, anxiety, depression or any
combination of those ailments between 1st August 2004 and 31st October
2008.

Please also confirm how many complaints of bullying have been made by
employees of the council against managers or colleagues during the same
period.

Please confirm how many employees have claimed constructive dismissal
within the same period for bullying/harassment.

Please confirm how many claims have been filed against the
city council at the Employment Tribunal within the same period for
bullying/harassment.

I would ask that you remember the statutory duty imposed upon public
authorities by virtue of Section 16 of the Freedom of
Information Act to provide advice and assistance to requesters.
If for any reason you are leaning toward rejecting any part of this
request or if you plan to argue that it is unmanageable
or unanswerable in any way then I would expect you to contact me
promptly to find ways to answer this request to our
mutual satisfaction.

Yours sincerely

Vicky Gray

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Link to this

From: Sue Broughton
West Berkshire Council

FoI/2008/315

Dear Mrs Gray,
Thank you for your email request for a review of the handling of your FoI
request on bullying and harassment. Given that we have only just
acknowledged your request today and haven't actually progressed it further
yet (apart from directing you to some readily available statistics on our
website) perhaps you could advise me what part of this you actually want
reviewed?

Thank you

Sue Broughton
Information Management Officer
Policy & Communication
Council Offices
Market Street
Newbury
Berkshire RG14 5LD

Tel: 01635 519747
Email: [1][West Berkshire Council request email]

You should be aware that all emails received and sent by this Council are
subject to the Freedom of Information Act 2000 and therefore may be
disclosed to a third party.

--------------------------------------------------------------------------

From: Vicky Gray [mailto:[FOI #4541 email]]
Sent: Thu 04/12/2008 16:59
To: Sue Broughton
Subject: Freedom of Information request - Bullying and Harassment

Dear Sir/Madam

I would like to know how many employees of the city council have
been absent from work due to either stress, anxiety, depression or
any combination of those ailments between 1st August 2004 and 31st
October 2008.

Please also confirm how many complaints of bullying have been made
by employees of the council against managers or colleagues during
the same period.

Please confirm how many employees have claimed constructive
dismissal within the same period for bullying/harassment.

Please confirm how many claims have been filed against the city
council at the Employment Tribunal within the same period for
bullying/harassment.

I would ask that you remember the statutory duty imposed upon
public authorities by virtue of Section 16 of the Freedom of
Information Act to provide advice and assistance to requesters. If
for any reason you are leaning toward rejecting any part of this
request or if you plan to argue that it is unmanageable or
unanswerable in any way then I would expect you to contact me
promptly to find ways to answer this request to our mutual
satisfaction.

Yours sincerely

Vicky Gray

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Link to this

From: Vicky Gray

Dear Ms Broughton

Thank you for your prompt response. Slight error I ticked the wrong
box by mistake. As the request has just been submitted it is
apparent there is no need for a review.

Thank you for your understanding and assistance.

Yours sincerely

Vicky Gray

Link to this

From: Vicky Gray

Dear Sue Broughton

Thank you for you query concerning the FOI on bullying and
harassment. I would like to clarify a few points

1) As a council you will have to record sickness absence in a
format to send from HR to Payroll in order for SSP to be calculated
(even for cases where staff still receive full pay) So there will
be some sort or record detailing absence.

2) As a council one would expect you would employ a welfare
officer, who would be advised of all staff absent due to stress or
those who had said they were being bullied, it would be part of
your duty of care under both the Health & Safety At Work Act 1974
and also under most contracts of employment. Details would have to
be passed to that person or an appointed person in HR.

3) One would assume that a council would have a welfare officer,
who would be advised of all staff absent due to stress or those who
had said they were being bullied, it would be part of their duty of
care under both the Health & Safety At Work Act 1974 and also under
most contracts of employment. So details would have to be passed to
that person or an appointed person in HR.

4) Schools are public authorities in their own right and have their
own publication schemes under FOI.

5) Also, school staff are employees of the governing body, not the
local authority. Even if a school buys into the Service Level
Agreement for HR or Payroll from the local authority, legally and
contractually, staff are not council employees.

6) How many people are employed by the council excluding School
Staff

7) Your mention of the data being "Sensitive Personal Data Under
the Data Protection Act" is irrelevant. I am asking for information
regarding ailment and staff numbers not personally identifiable
information.

8) Your suggestion that to search through the files over four years
is slightly puzzling as one would imagine each file would have a
section dealing with sickness absence. If the files are manual
files held in what the Data Protection Act refers to as a "Manual
relevant structured filing system," one would expect it would take
at most a minute to extract a file from a cabinet, open it, turn up
the sickness tab and glance at the sheet and scribble a note if the
file refers to stress/depression and put it back again. The
"relevant cost limit" from Section 12 is £450 or two and a half
days work. By those figures, one would expect you to be able to
review 1000 files in that time. If you ran a query on your
database, you could identify all employees who had been off sick in
the period I have requested (minus school staff) and then look at
these files.

9) I would also clarify when I mentioned constructive dismissal, I
was referring to the employee directly, similar point about
bullying and harassment complaints, there is no Employment Tribunal
claim called "bullying and harassment. This will usually form part
of a claim for unfair dismissal or one (or more) of the various
discrimination claim and/or under the Protection from Harassment
Act. Could you provide the information on the aforementioned.

Could you provide the information in electronic format via this
website.

Thank you for your full co-operation and assistance

Yours sincerely

Vicky Gray

Link to this

From: Sue Broughton
West Berkshire Council

Dear Ms Gray,
Thank you for this. I will discuss the other information (sickness data
for numbers of staff) with the HR service. We've only just set up a
database so I'm not sure what other information it can extract. It's
possible that for later data we might be able to obtain this even if we
haven't published it already - I'll pursue this.

And do come back to me with any queries about the published data - happy
to help!

Yours Sincerely

Sue Broughton
Information Management Officer
Policy & Communication
Council Offices
Market Street
Newbury
Berkshire RG14 5LD

Tel: 01635 519747
Email: [1][West Berkshire Council request email]

You should be aware that all emails received and sent by this Council are
subject to the Freedom of Information Act 2000 and therefore may be
disclosed to a third party.

--------------------------------------------------------------------------

From: Vicky Gray [mailto:[FOI #4541 email]]
Sent: Fri 05/12/2008 18:00
To: Sue Broughton
Subject: Re: Freedom of Information request - Bullying and Harassment

Dear Ms Broughton

Thank you for your prompt response. Slight error I ticked the wrong
box by mistake. As the request has just been submitted it is
apparent there is no need for a review.

Thank you for your understanding and assistance.

Yours sincerely

Vicky Gray

show quoted sections

Link to this

From: Vicky Gray

Dear Sue Broughton

Thank your for prompt response and for your full co-operation. I
look forward to receiving the relevant information from you.

Kind Regards

Vicky Gray

Link to this

From: Sue Broughton
West Berkshire Council

FoI/2008/315

Dear Ms Gray
Thank you for this clarification. I will discuss this with the staff in
HR. We have around 1,600 council staff at present I believe (full stats
will be in the annual employment reports on the Disclosure Log) -
obviously this number has varied over the years.

In respect of this query:

7) Your mention of the data being "Sensitive Personal Data Under the Data
Protection Act" is irrelevant. I am asking for information regarding
ailment and staff numbers not personally identifiable information.

This is a common misunderstanding. The Data Protection Act 1998 limits
'processing' of personal data to what is permissible under the eight Data
Protection Principles, and for the purposes of the first Principle, to
what is also permissible under a condition in Schedule 2 and for sensitive
personal data under a condition in Schedule 3. This means that when we
process personal data we must always do so 'fairly and lawfully' and since
this is sensitive personal data we must ensure that conditions in Schedule
2 and Schedule 3 apply. The end result, even if anonymised, must be
achieved legitimately under the Act, since accessing the data to obtain
the statistics is also 'processing' under the Act. Accessing this data
purely to answer a Freedom of Information request, if we don't collate
this data ourselves for a statutory purpose, may not be fair and lawful or
fulfil a Schedule 2 and Schedule 3 condition. The Freedom of Information
Act 2000 Section 40 (3) (a) (i) provides for an absolute exemption where
the processing of personal data would breach any of the Principles. It
also makes provision for an absolute exemption (Section 40 (3) (a) (ii)
) if the processing would be likely to cause damage or distress. To put
this in layman's terms, would you feel happy if your employer authorised a
member of administrative staff to look through your confidential medical
records?

I have noted your point about the amount of time taken to look through
individual files but I think you may be rather conservative in your
estimate here, given that many staff will have worked for the authority
for some considerable time. It''s an interesting point however, and if,
after discussion with the HR staff, we are agreed that this is not in
breach of the Data Protection Act I will scope this with a set of records.
Although, in the four years you have mentioned, I suspect almost all staff
would have been off sick at some time, so as a statistical limiter this
may not be a lot of help. Did you have an interest in one particular group
of records?

However, as noted I will discuss with the HR staff whether we have
extracted this data (but not published it) since we obtained the HR
database. In respect of the information on Tribunals, bullying etc, I
haven't had a chance to discuss this with HR yet so I don't know what
information we can supply.

If you want to contact our schools you can find details here:
[1]http://www.westberks.gov.uk/index.aspx?a...

Yours Sincerely

Sue Broughton
Information Management Officer
Policy & Communication
Council Offices
Market Street
Newbury
Berkshire RG14 5LD

Tel: 01635 519747
Email: [2][West Berkshire Council request email]

You should be aware that all emails received and sent by this Council are
subject to the Freedom of Information Act 2000 and therefore may be
disclosed to a third party.

--------------------------------------------------------------------------

From: Vicky Gray [mailto:[FOI #4541 email]]
Sent: Sat 06/12/2008 17:35
To: Sue Broughton
Subject: Re: Freedom of Information request - Bullying and Harassment

Dear Sue Broughton

Thank you for you query concerning the FOI on bullying and
harassment. I would like to clarify a few points

1) As a council you will have to record sickness absence in a format
to send from HR to Payroll in order for SSP to be calculated (even for
cases where staff still receive full pay) So there will be some sort or
record detailing absence.

2) As a council one would expect you would employ a welfare officer,
who would be advised of all staff absent due to stress or those who had
said they were being bullied, it would be part of your duty of care under
both the Health & Safety At Work Act 1974 and also under most contracts of
employment. Details would have to be passed to that person or an appointed
person in HR.

3) One would assume that a council would have a welfare officer, who
would be advised of all staff absent due to stress or those who had said
they were being bullied, it would be part of their duty of care under both
the Health & Safety At Work Act 1974 and also under most contracts of
employment. So details would have to be passed to that person or an
appointed person in HR.

4) Schools are public authorities in their own right and have
their own publication schemes under FOI.

5) Also, school staff are employees of the governing body, not
the local authority. Even if a school buys into the Service
Level Agreement for HR or Payroll from the local authority, legally
and contractually, staff are not council employees.

6) How many people are employed by the council excluding School Staff

7) Your mention of the data being "Sensitive Personal Data Under the
Data Protection Act" is irrelevant. I am asking for information regarding
ailment and staff numbers not personally identifiable information.

8) Your suggestion that to search through the files over four
years is slightly puzzling as one would imagine each file would have
a section dealing with sickness absence. If the files are manual files
held in what the Data Protection Act refers to as a "Manual relevant
structured filing system," one would expect it would take at most a minute
to extract a file from a cabinet, open it, turn up the sickness tab and
glance at the sheet and scribble a note if the file refers to
stress/depression and put it back again. The "relevant cost limit" from
Section 12 is *450 or two and a half days work. By those figures, one
would expect you to be able to review 1000 files in that time. If you ran
a query on your database, you could identify all employees who had been
off sick in the period I have requested (minus school staff) and then look
at these files.

9) I would also clarify when I mentioned constructive dismissal,
I was referring to the employee directly, similar point about
bullying and harassment complaints, there is no Employment
Tribunal claim called "bullying and harassment. This will usually form
part of a claim for unfair dismissal or one (or more) of the
various discrimination claim and/or under the Protection from Harassment
Act. Could you provide the information on the aforementioned.

Could you provide the information in electronic format via this
website.

Thank you for your full co-operation and assistance

Yours sincerely

Vicky Gray

show quoted sections

Link to this

From: Vicky Gray

Dear Sue Broughton

Thank you for your prompt response detailing your position in
relation to Sensitive Personal Data.

With regard to the point that you have made that “we process
personal data we must always do so 'fairly and lawfully' and since
this is sensitive personal data we must ensure that conditions in
Schedule 2 and Schedule 3 apply” I would submit the following:

Of the six possible conditions in Schedule 2, conditions 1, 3 and
5b are met in terms of responding to this request.

1. The data subject has given consent to processing. As a simple
consequence of employment, a data subject has to consent to the
processing of personal data (including sensitive personal data) to
enable the employer to correctly deal with their remuneration and
to provide information to central government departments such as
HMRC and the DWP.

3. The processing is necessary for compliance with a legal
obligation to which the data controller is subject. The data
controller is legally bound to respond to requests for information
made under the Freedom of Information Act. If an employee does not
wish anonymised data about them being disclosed under FOI, then
they have the choice not to work for a ‘public authority’. Choosing
to remain a ‘public authority’ employee, signifies their consent to
be bound by and subject to anonymous disclosures which could be
made under FOI.

5b. The processing is necessary for the exercise of any functions
conferred upon any person by or under any enactment. Again, it can
be argued that complying with an FOI request is a function
conferred upon a council under and enactment – namely the Freedom
of Information Act.

Under Schedule 2, the processing must be necessary for the
legitimate interests of the data controller and will only be
unwarranted where it is prejudicial to the rights, freedoms and or
legitimate interests of the data subject. As the information is
anonymized, the data subject cannot be identified from it therefore
it cannot be demonstrated that the disclosure is prejudicial to
their rights, freedoms or legitimate interests.

Of the ten conditions governing the disclosure of Sensitive
Personal Data, conditions 1 and 7 are met in responding to this
request.

1. The data subject has given explicit consent to processing. Again
as a consequence of employment, a data subject has to consent to
the processing of personal data (including sensitive personal data)
to enable the employer to correctly deal with their remuneration
and to provide information to central government departments such
as HMRC and the DWP. As ‘public authorities’ are subject to FOI,
public authority employees are usually made aware that disclosure
of information (with appropriate safeguards for their rights and
freedoms such as those conferred in Section 40) are met. Of course,
if you do not inform your employees that information in relation to
their work or data derived as a consequence of their employment can
be disclosed under FOI, then that is another matter which the
Information Commissioner may wish to explore further.

7. The processing is necessary for the exercise of any functions
conferred upon any person by or under any enactment. Again, it can
be argued that complying with an FOI request is a function
conferred upon a council under and enactment – namely the Freedom
of Information Act.

The exemptions in Section 40 of the FOIA are in relation to
personal data. I have asked for a simple number, not anyone’s
personal data. The information cannot possibly cause damage or
distress to anyone. You have asked if I would be happy with a
member of administrative staff looking through my confidential
medical records? Each employer must have an appointed person
(usually in HR) to deal with sickness absence and medical records
and every employee understands this. Therefore, all that is
necessary is for that person to do the looking based on the fact
that they will already have seen the information in order to
compile the record, no one else need be involved. To suggest that a
member of administrative staff would be the person tasked with
collating the information is unreasonable and does not have regard
to the Data Protection Principles.

I am somewhat concerned by your comment that “if, after discussion
with the HR staff, we are agreed that this is not in breach of the
Data Protection Act…” I hardly think that anyone’s HR staff are in
a position to provide expert advice on Data Protection legislation,
a Data Protection Officer of solicitor perhaps, or better still the
Information Commissioner’s Office. HR are likely to be biased in
favour of their employer and will clearly have a desire to provide
support for their employers wish to conceal the extent of bullying
within their organisation so they are not in my view ‘objective’. A
perfectly acceptable source of independent advice and guidance
regarding the provisions of the Data Protection Act is the
Information Commissioner’s Office, so why not seek advice from
them?

You have asked if I have an interest in one particular group of
records? As I do not currently know what information you will
advise me is available, I feel it would be more appropriate to
defer answering this question until you have had a chance to advise
me of the information which you do have.

Once you have collated the available information, I shall look
forward to hearing from you and we can proceed from there.

Yours sincerely

Vicky Gray

Link to this

S. James left an annotation ()

Dear Vicky;
I believe I'm looking for similar information to you,
Hopefully one of us will get it. Please have a look at my request and help me if I have issues too.

Regards

Mrs S.James.
http://www.whatdotheyknow.com/request/th...

Link to this

From: Sue Broughton
West Berkshire Council

Dear Ms Gray,
Just a quick query. My colleague in HR has pointed out that you have
referred to the city council in your request. Just checking whether this
is a terminology error - West Berkshire Council is a small unitary
authority, not a city council.

Yours Sincerely

Sue Broughton
Information Management Officer
Policy & Communication
Council Offices
Market Street
Newbury
Berkshire RG14 5LD

Tel: 01635 519747
Email: [1][West Berkshire Council request email]

You should be aware that all emails received and sent by this Council are
subject to the Freedom of Information Act 2000 and therefore may be
disclosed to a third party.

--------------------------------------------------------------------------

From: Vicky Gray [mailto:[FOI #4541 email]]
Sent: Thu 04/12/2008 16:59
To: Sue Broughton
Subject: Freedom of Information request - Bullying and Harassment

Dear Sir/Madam

I would like to know how many employees of the city council have
been absent from work due to either stress, anxiety, depression or
any combination of those ailments between 1st August 2004 and 31st
October 2008.

Please also confirm how many complaints of bullying have been made
by employees of the council against managers or colleagues during
the same period.

Please confirm how many employees have claimed constructive
dismissal within the same period for bullying/harassment.

Please confirm how many claims have been filed against the city
council at the Employment Tribunal within the same period for
bullying/harassment.

I would ask that you remember the statutory duty imposed upon
public authorities by virtue of Section 16 of the Freedom of
Information Act to provide advice and assistance to requesters. If
for any reason you are leaning toward rejecting any part of this
request or if you plan to argue that it is unmanageable or
unanswerable in any way then I would expect you to contact me
promptly to find ways to answer this request to our mutual
satisfaction.

Yours sincerely

Vicky Gray

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From: Vicky Gray

Dear Sue Broughton

Thank you for email. Yes it was a slight "terminology error" as you
colleague quite correctly pointed out.

I hope you are as meticulous at providing the information I have
asked for as you have been with your queries and comments.

Your sincerely

Vicky Gray

Link to this

From: Sue Broughton
West Berkshire Council

FoI/2008/315

Dear Ms Gray,
In your recent request you asked:

I would like to know how many employees of the unitary authority
have been absent from work due to either stress, anxiety, depression
or any combination of those ailments between 1st August 2004 and
31st October 2008. - 264 people

Please also confirm how many complaints of bullying have been made by
employees of the council against managers or colleagues during the same
period. 5 complaints

Please confirm how many employees have claimed constructive dismissal
within the same period for bullying/harassment. 2 claims

Please confirm how many claims have been filed against the unitary
authority at the Employment Tribunal within the same period
for bullying/harassment. 1 tribunal claim that was not upheld

Please note that this does not include data for schools staff.

If you are unhappy with the way your request has been handled, you may ask
for an internal review. You should contact David Lowe, Policy & Scrutiny
Manager, Policy & Communication, Council Offices, Market Street, Newbury
RG14 5LD if you wish to make a complaint. If you are not content with the
outcome of the internal review, you have the right to apply directly to
the Information Commissioner for a decision. The Information Commissioner
can be contacted at:

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF

If you have any queries about this letter, please contact me.

Yours Sincerely

Sue Broughton
Information Management Officer
Policy & Communication
Council Offices
Market Street
Newbury
Berkshire RG14 5LD

Tel: 01635 519747
Email: [1][West Berkshire Council request email]

You should be aware that all emails received and sent by this Council are
subject to the Freedom of Information Act 2000 and therefore may be
disclosed to a third party.

--------------------------------------------------------------------------

From: Vicky Gray [mailto:[FOI #4541 email]]
Sent: Thu 04/12/2008 16:59
To: Sue Broughton
Subject: Freedom of Information request - Bullying and Harassment

Dear Sir/Madam

I would like to know how many employees of the city council have
been absent from work due to either stress, anxiety, depression or
any combination of those ailments between 1st August 2004 and 31st
October 2008.

Please also confirm how many complaints of bullying have been made
by employees of the council against managers or colleagues during
the same period.

Please confirm how many employees have claimed constructive
dismissal within the same period for bullying/harassment.

Please confirm how many claims have been filed against the city
council at the Employment Tribunal within the same period for
bullying/harassment.

I would ask that you remember the statutory duty imposed upon
public authorities by virtue of Section 16 of the Freedom of
Information Act to provide advice and assistance to requesters. If
for any reason you are leaning toward rejecting any part of this
request or if you plan to argue that it is unmanageable or
unanswerable in any way then I would expect you to contact me
promptly to find ways to answer this request to our mutual
satisfaction.

Yours sincerely

Vicky Gray

-------------------------------------------------------------------
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published on the internet. Our privacy and copyright policies:
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Link to this

From: Vicky Gray

Dear Sue Broughton

Thank you for your prompt response. There is no Employment Tribunal
claim called "bullying and harassment" . This will usually form
part of a claim for unfair dismissal or one (or more) of the
various discrimination claim and/or under the Protection from
Harassment Act, can you confirm how many employees have claimed on
these ground for either constructive dismissal or one(or more) of
the various discrimination claim and/or under the Protection from
Harassment Act?

Please confirm how many employees have claimed constructive
dismissal within the same period 1st August 2004 and 31st October
2008 for bullying/harassment, unfair dismissal or one (or more) of
the various discrimination claims and/or under the Protection from
Harassment Act.

You said: TWO. Did this include the aforementioned?

Please confirm how many claims have been filed against the city
council at the Employment Tribunal within the same period for
bullying/harassment or one (or more) of the various discrimination
and/or under the Protection from Harassment Act.

You said: ONE. Did this include the aforementioned.

Thank you for your assistance and full co-operation

Yours sincerely

Vicky Gray

Link to this

From: Sue Broughton
West Berkshire Council

Dear Ms Gray,
The data was collected by my colleagues in Human Resources as a response
to the specifics of your request (so for example you asked about claims to
the Employment Tribunal which cited bullying and harassment and they have
identified one such claim). I am afraid I don't quite understand what else
you are asking - aforementioned what?

Yours Sincerely

Sue Broughton
Information Management Officer
Policy & Communication
Council Offices
Market Street
Newbury
Berkshire RG14 5LD

Tel: 01635 519747
Email: [1][West Berkshire Council request email]

You should be aware that all emails received and sent by this Council are
subject to the Freedom of Information Act 2000 and therefore may be
disclosed to a third party.

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From: Vicky Gray [mailto:[FOI #4541 email]]
Sent: Thu 18/12/2008 15:53
To: Sue Broughton
Subject: Re: Freedom of Information request - Bullying and Harassment

Dear Sue Broughton

Thank you for your prompt response. There is no Employment
Tribunal claim called "bullying and harassment" . This will usually form
part of a claim for unfair dismissal or one (or more) of the various
discrimination claim and/or under the Protection from
Harassment Act, can you confirm how many employees have claimed
on these ground for either constructive dismissal or one(or more) of
the various discrimination claim and/or under the Protection
from Harassment Act?

Please confirm how many employees have claimed constructive dismissal
within the same period 1st August 2004 and 31st October
2008 for bullying/harassment, unfair dismissal or one (or more)
of the various discrimination claims and/or under the Protection from
Harassment Act.

You said: TWO. Did this include the aforementioned?

Please confirm how many claims have been filed against the
city council at the Employment Tribunal within the same period for
bullying/harassment or one (or more) of the various
discrimination and/or under the Protection from Harassment Act.

You said: ONE. Did this include the aforementioned.

Thank you for your assistance and full co-operation

Yours sincerely

Vicky Gray

show quoted sections

Link to this

From: Sue Broughton
West Berkshire Council

Dear Ms Gray

My colleague in HR has responded with the information below - is this what
you required?

Please confirm how many employees have claimed constructive dismissal
within the same period 1st August 2004 and 31st October 2008 for
bullying/harassment, unfair dismissal or one (or more) of the various
discrimination claims and/or under the Protection from Harassment Act.

You said: TWO. Did this include the aforementioned? One for
Discrimination and one for Harassment

Please confirm how many claims have been filed against the authority
at the Employment Tribunal within the same period for bullying/harassment
or one (or more) of the various discrimination and/or under the Protection
from Harassment Act.

You said: ONE. Did this include the aforementioned? One for
Discrimination

Yours Sincerely

Sue Broughton
Information Management Officer
Policy & Communication
Council Offices
Market Street
Newbury
Berkshire RG14 5LD

Tel: 01635 519747
Email: [1][West Berkshire Council request email]

You should be aware that all emails received and sent by this Council are
subject to the Freedom of Information Act 2000 and therefore may be
disclosed to a third party.

--------------------------------------------------------------------------

From: Vicky Gray [mailto:[FOI #4541 email]]
Sent: Thu 18/12/2008 15:53
To: Sue Broughton
Subject: Re: Freedom of Information request - Bullying and Harassment

Dear Sue Broughton

Thank you for your prompt response. There is no Employment Tribunal
claim called "bullying and harassment" . This will usually form
part of a claim for unfair dismissal or one (or more) of the
various discrimination claim and/or under the Protection from
Harassment Act, can you confirm how many employees have claimed on
these ground for either constructive dismissal or one(or more) of
the various discrimination claim and/or under the Protection from
Harassment Act?

Please confirm how many employees have claimed constructive
dismissal within the same period 1st August 2004 and 31st October
2008 for bullying/harassment, unfair dismissal or one (or more) of
the various discrimination claims and/or under the Protection from
Harassment Act.

You said: TWO. Did this include the aforementioned?

Please confirm how many claims have been filed against the city
council at the Employment Tribunal within the same period for
bullying/harassment or one (or more) of the various discrimination
and/or under the Protection from Harassment Act.

You said: ONE. Did this include the aforementioned.

Thank you for your assistance and full co-operation

Yours sincerely

Vicky Gray

show quoted sections

Link to this

From: Vicky Gray

Dear Sue

Thank you for your full co-operation and for eventually providing
the correct information.

Have lovely Christmas.

Kind Regards

Vicky Gray

Link to this

From: Sue Broughton
West Berkshire Council

Dear Ms Gray,
Thank you - and a very happy Christmas to you!

Yours

Sue Broughton
Information Management Officer
Policy & Communication
Council Offices
Market Street
Newbury
Berkshire RG14 5LD

Tel: 01635 519747
Email: [1][West Berkshire Council request email]

You should be aware that all emails received and sent by this Council are
subject to the Freedom of Information Act 2000 and therefore may be
disclosed to a third party.

--------------------------------------------------------------------------

From: Vicky Gray [mailto:[FOI #4541 email]]
Sent: Mon 22/12/2008 13:52
To: Sue Broughton
Subject: Re: Freedom of Information request - Bullying and Harassment

Dear Sue

Thank you for your full co-operation and for eventually providing
the correct information.

Have lovely Christmas.

Kind Regards

Vicky Gray

show quoted sections

Link to this

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