Employment Tribunal Cost borne by the City of Edinburgh Council

The request was successful.

Dear City of Edinburgh Council,

I would like to know how much the Council has spent defending cases presented to Employment Tribunals which have been brought by Council Staff between 1st September 2010 and the 30 September 2011

1) For constructive dismissal

2) Unfair dismissal

3) One (or more) of the various discrimination claims and/or under the Protection from Harassment Act

4) Public Interest Disclosure Act 1998

5) Any other Employment issues

Please may I have the date, name of the solicitor/law firm the council used or if was dealt with in house by Council solicitor and the actual cost.

I would like to know how many cases where settled out of court

1) For constructive dismissal

2) Unfair dismissal

3) One (or more) of the various discrimination claims and/or under the Protection from Harassment Act

4) Public Interest Disclosure Act 1998

5) Any other Employment issues

between 1st September 2010 and the 30 September 2011

Please note that I do not seek or require any personal information such as names and addresses – only the total figures and name of the law firms whom the Council outsourced too.

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 faithfully,

Christine Love

Freedom of Information, City of Edinburgh Council

Thank you for your email. We are dealing with your enquiry and we will get
back to you as soon as possible.
Regards,
 
Customer Services.
 
This is an automatically generated email. Please do not reply to this
email.

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Freedom of Information, City of Edinburgh Council

Dear Ms Love

Subject: Employment Tribunal Cost borne by the City of Edinburgh Council

Thank you for your request for information received on 03 October 2011. 
Your request is being dealt with under the Freedom of Information
(Scotland) Act 2002.

You will receive the information requested within 20 working days unless
the Council does not hold the information, or there is a reason for it to
be withheld. We will write to you in any event.

In some circumstances a fee may be payable and if that is the case we will
let you know. A fees notice will be issued to you, and you will be
required to pay before we will deal with your request.

If you have any requirements regarding the format any information should
be supplied in, e.g. the language to be used, audio, large print and so
on, then please let me know.

If you have any queries or concerns, do not hesitate to get in touch.
Please remember to quote the RFI reference number above in any future
communications.

Your right to seek a review

If you are unhappy with the way we have dealt with your request, you can
ask us to review our actions and decisions by writing to the Head of Legal
and Administrative Services, The City of Edinburgh Council, Waverley Court
Business Centre 2:1, 4, East Market Street, Edinburgh, EH8 8BG or email:
[Edinburgh City Council request email]

Please note that your request must be in a recordable format (email,
letter, audio tape etc.), and that you have 40 working days upon receipt
of this letter to ask for a review. You will receive a full response to
your review request within 20 working days of its receipt. Please remember
to quote the RFI reference number above in any future communications.

If you are not content with the outcome of the review, you can ask the
Scottish Information Commissioner to review our decision. You must submit
your complaint to the Commissioner within 6 months of receiving our review
response. The Commissioner can be contacted at:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
Website www.itspublicknowledge.info
E-mail: [email address]

Further information about your rights and accessing information is
available on our website at: www.edinburgh.gov.uk

Yours sincerely

Karen Blair
Admin Assistant

Access to Information – Central Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340 Fax 529
3603
[Edinburgh City Council request email]  www.edinburgh.gov.uk

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Dear Freedom of Information

I requested information regarding Employment Tribunal Costs borne by the City of Edinburgh Council on October 3rd 2011. By law, the City if Edinburgh Council should have responded promptly and by the 28th of October 2011. The Council has failed to supply me with the information I requested.

Yours sincerely,

Christine Love

Freedom of Information, City of Edinburgh Council

Thank you for your email. We are dealing with your enquiry and we will get
back to you as soon as possible.
Regards,
 
Customer Services.
 
This is an automatically generated email. Please do not reply to this
email.

show quoted sections

 

Freedom of Information, City of Edinburgh Council

Dear Ms love

The target date for your request is 31 October 2011.

Can you confirm if your email is a request for a review?

Regards

Alison

Freedom of Information
2.1 Waverley Court
0131 469 6200
[email address]

show quoted sections

Dear Freedom of Information,

The request for the information regarding Employment Tribunals costs borne by the Council was submitted on October 1st not the 3rd as I stated for which I apologise.

I expected the information by October 28th. My email is for the information I requested. If this is not going be be sent to me please let me know so that I may write to the Information Commissioner.

Yours sincerely,

Christine Love

Freedom of Information, City of Edinburgh Council

Thank you for your email. We are dealing with your enquiry and we will get
back to you as soon as possible.
Regards,
 
Customer Services.
 
This is an automatically generated email. Please do not reply to this
email.

show quoted sections

 

Lorraine Davidson, City of Edinburgh Council

Dear Ms Love
 
I refer to your Freedom of Information request in relation to Employment
Tribunal costs borne by the City of Edinburgh Council. The request was
assigned to a member of staff who is now on annual leave.  I am currently
endeavouring to chase the response for you but unfortunately this will now
be sent to you outwith the statutory twenty day time scale.
 
Should you wish to discuss this please do not hesitate to contact me or if
you are unsatisfied with this explanation you can request that we review
our actions and decisions by writing to the Acting Head of Legal and
Administrative Services, The City of Edinburgh Council, Waverley Court
Business Centre 3:1, 4, East Market Street, Edinburgh, EH8 8BG or email:
[1][Edinburgh City Council request email]

 

If you are not content with the outcome of the review, you can ask the
Scottish Information Commissioner to review our decision. You must submit
your complaint to the Commissioner within 6 months of receiving our review
response. The Commissioner can be contacted at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

Telephone: 01334 464610

Fax: 01334 464611

Website [2]www.itspublicknowledge.info

E-mail: [3][email address]

 

Yours sincerely,

 

 Lorraine Davidson

 

Corporate Services FOI Officer

 

Lorraine Davidson | Senior Legal Support Officer| The City of Edinburgh
Council I Corporate Services | Legal & Administrative Services I Waverley
Court Business Centre 3:1, 4 East Market Street, Edinburgh EH8 8BG.      

                             

Tel 0131 529 4135 | Fax 0131 529 3603|
[4][email address]

 

P SAVE PAPER - Please don't print this e-mail unless absolutely necessary

 

 

 

 

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References

Visible links
1. mailto:[Edinburgh City Council request email]
2. http://www.itspublicknowledge.info/
3. mailto:[email address]
4. mailto:[email address]
mailto:[email address]

Dear Lorraine Davidson,

Thank you for explaining the delay in responding to my request. I acccept your explanation and look forward to receiving the information.

Yours sincerely,

Christine Love

Dear City of Edinburgh Council,

I understand that the member of staff who had been originally assigned this task went on annual leave and it was reallocated. I would like to know when I can expect the information which I requested.

Yours faithfully,

Christine Love

Freedom of Information, City of Edinburgh Council

Thank you for your email. We are dealing with your enquiry and we will get
back to you as soon as possible.
Regards,
 
Customer Services.
 
This is an automatically generated email. Please do not reply to this
email.

show quoted sections

 

Freedom of Information, City of Edinburgh Council

Dear Ms Love

I have forwarded your communication onto the Department concerned for
their attention.

Regards

Karen Blair
Admin Assistant
Central FOI Unit

show quoted sections

Corporate Services FOI, City of Edinburgh Council

 

Dear Ms Love

 

Freedom of Information (Scotland) Act 2002 Â* Request for Information

Subject: Employment Tribunal Cost borne by the City of Edinburgh Council

 

Thank you for your request for information which has been dealt with under
the terms of the Freedom of Information (Scotland) Act 2002. I apologise
for the delay in responding to your request which was a result of staff
leave and time taken to collate the requisite information. For ease of
reference and response we have divided your request into three parts and
replicated your questions inserting our response directly below each
question. Unfortunately, the Council is able to meet only part of your
request, namely your part one questions 1) to 4), your part two question
in relation to the use of internal/external solicitors and your part three
questions 1) to 4). This information is released to you now in the format
requested.

 

You asked:

1.      Â*I would like to know how much the Council has spent defending
cases presented to Employment Tribunals which have been brought by Council
Staff between 1st September 2010 and the 30 September 2011   

 

     1)    For constructive dismissal

    

     2)    Unfair dismissal

    

     3)    One (or more) of the various discrimination claims and/or under
the Protection from

Harassment Act

    

     4)    Public Interest Disclosure Act 1998

    

     5) Any other Employment issuesÂ*

 

The total number of claims brought between 1 September 2010 and 30
September 2011 is 33.

 

It is not possible to state how many of these 33 claims were for a
specific head of claim (e.g. x number were for unfair dismissal, x number
were for discrimination etc) because it is the nature of employment
litigation that multiple heads of claim are frequently cited in one claim.
However, we can advise that of the 33 claims:

 

1 claim included a claim for constructive dismissal;

18 claims contained a claim for unfair dismissal;

9 claims cited a discrimination claim; and

1 claim was made under the public interest disclosure provisions.

 

The request for details of Â*any other employment issuesÂ* is not specific
enough to quantify.

 

Please note that in terms of section 16 of the Freedom of Information
(Scotland) Act 2002; this letter constitutes a formal refusal notice.

 

You asked:

2.   Â*Please may I have the date, name of the solicitor/law firm the
council used or if was

dealt with in house by Council solicitor and the actual cost.Â*

 

The Council instructed an external law firm in 2 of the 33 cases.
MacRoberts LLP was instructed in November 2011 and fees amounted to £750,
and Maclay Murray & Spens LLP was instructed in June 2011 and fees
amounted to £6,845.

 

It is not possible to provide the actual cost of defending cases in-house
between 1 September 2010 and 30 September 2011, however we can advise that
2 Senior Solicitors are employed in the employment department within Legal
& Administrative Services.

 

Please note that in terms of section 16 of the Freedom of Information
(Scotland) Act 2002; this letter constitutes a formal refusal notice.

 

You asked:

3.   Â*I would like to know how many cases where settled out of court

    

     1) For constructive dismissal

    

     2) Unfair dismissal

    

     3) One (or more) of the various discrimination claims and/or under

     the Protection from Harassment Act

    

     4) Public Interest Disclosure Act 1998

    

     5) Any other Employment issues

    

     between 1st September 2010 and the 30 September 2011Â*

 

Of the cases raised between 1 September 2010 and 30 September 2011, 5 of
these were settled out of court. Of these 5 claims settled, 2 had
contained a claim for unfair dismissal, and 3 had been in relation to
Â*other employment issues.Â*

 

Your right to seek a review

I appreciate that our decision may disappoint you and I am sorry that we
have not been able to release all the information you requested on this
occasion. If you are unhappy with the way we have dealt with your request,
you can ask us to review our actions and decisions by writing to the Head
of Legal and Administrative Services, The City of Edinburgh Council,
Waverley Court Business Centre 3:1, 4, East Market Street, Edinburgh, EH8
8BG or email: [1][Edinburgh City Council request email]

 

Please note that your request must be in a recordable format (email,
letter, audio tape etc.), and that you have 40 working days upon receipt
of this letter to ask for a review. You will receive a full response to
your review request within 20 working days of its receipt. Please remember
to quote the RFI reference number above in any future communications.

 

If you are not content with the outcome of the review, you can ask the
Scottish Information Commissioner to review our decision. You must submit
your complaint to the Commissioner within 6 months of receiving our review
response. The Commissioner can be contacted at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

Telephone: 01334 464610

Fax: 01334 464611

Website [2]www.itspublicknowledge.info

E-mail: [3][email address]

 

Yours sincerely,

 

Kirsty Robertson 

 

Corporate FOI Officer

show quoted sections

 

References

Visible links
1. mailto:[Edinburgh City Council request email]
file:///tmp/BLOCKED::mailto:[Edinburgh City Council request email]
2. http://www.itspublicknowledge.info/
file:///tmp/BLOCKED::http:/www.itspublicknowledge.info/
3. mailto:[email address]
file:///tmp/BLOCKED::mailto:[email address]

Dear Kirsty Robertson, Corporate Services FOI,

Thank you kindly for sending me the information I requested regarding Employment Tribunal Cost borne by the City of Edinburgh Council.

Yours sincerely,

Christine Love

Dear Corporate Services FOI,

Thank you for the information I requested in regards to Employment Tribunal Cost borne by the City of Edinburgh Council.

From your response below

The total number of claims brought between 1 September 2010 and 30 September 2011 is 33.

However, we can advise that of the 33 claims:

1 claim included a claim for constructive dismissal;

18 claims contained a claim for unfair dismissal;

9 claims cited a discrimination claim; and

1 claim was made under the public interest disclosure provisions.

how many of these claims were successful in flavor of the claimant against the Council?

Yours sincerely,

Christine Love

Dear Corporate Services FOI,

I am a little confused by your response to my request for information about cost borne by Edinburgh Council in relation to Employment Tribunals.

The information which you have given me seems to be at odds with information given to Vikki Gray earlier this year in response to her request Cost of Outsourcing to Barristers/Solicitors for Employment Tribunals. Below is an extract from the response you sent to Ms Gray for costs relating to 2010.

In 2010 the following claims were dealt with.
DDA/Unfair dismissal claim. Fees paid to I Sharp, Advocate £94,300.00
TUPE claim. Fees paid to D Hay, Advocate £7813.75
Unfair dismissal claim. Fees paid to B J Heaney, Advocate £2.875.00
Unfair dismissal/DDA claim. Fees paid to I Sharp, Advocate £763.00
Race discrimination claim. Fees paid to Brodies, Solicitors, £4235.40
Unfair dismissal/Age discrimination. Fee paid to Brodies, Solicitors, £340.75
Sex discrimination/Equal Pay claim. Fees paid to MacRoberts, Solicitors, £150.00

Over the period 2006 to the end of 2010 the Council was involved in numerous claims before the Employment Tribunal and Employment Appeal Tribunal where Counsel fees amounted to £184,759.25. These were split between I Truscott QC and L Marsh, Advocate.

You quoted to me

MacRoberts LLP was instructed in November 2010 and fees amounted to £750, and Maclay Murray & Spens LLP was instructed in June 2011 and fees amounted to £6,845.

It would appear that you had no difficulty in determining what any other employment issues were for Ms Gray - you included the following of DDA/Unfair TUPE Race discrimination Unfair dismissal/Age discrimination Sex discrimination/Equal Pay claim Multi claim Sex Discrimination/Equal Pay claims under that heading. Was there any particular reason that this was not done for me?

I would be grateful if you could clarify this information or if you are flatly refusing to share it with me please let me know so that I may follow the correct channels in terms of making a formal complaint.

Yours sincerely,

Christine Love

Corporate Services FOI, City of Edinburgh Council

Can you please link this into my previous email re RFI299900.

Thanks

Kirsty

Kirsty Robertson, Senior Legal Support Officer, Legal and Administrative Services, Department of Corporate Services, Level 3.1 Waverley Court, 4 East Market Street, Edinburgh EH8 8BG - email [email address] telephone 0131 529 4201

show quoted sections

Freedom of Information, City of Edinburgh Council

Dear Ms Love

Subject: Employment Tribunal Cost borne by the City of Edinburgh Council

Thank you for your request for information received on 16 November 2011. 
Your request is being dealt with under the Freedom of Information
(Scotland) Act 2002.

You will receive the information requested within 20 working days unless
the Council does not hold the information, or there is a reason for it to
be withheld. We will write to you in any event.

In some circumstances a fee may be payable and if that is the case we will
let you know. A fees notice will be issued to you, and you will be
required to pay before we will deal with your request.

If you have any requirements regarding the format any information should
be supplied in, e.g. the language to be used, audio, large print and so
on, then please let me know.

If you have any queries or concerns, do not hesitate to get in touch.
Please remember to quote the RFI reference number above in any future
communications.

Your right to seek a review

If you are unhappy with the way we have dealt with your request, you can
ask us to review our actions and decisions by writing to the Head of Legal
and Administrative Services, The City of Edinburgh Council, Waverley Court
Business Centre 2:1, 4, East Market Street, Edinburgh, EH8 8BG or email:
[Edinburgh City Council request email]

Please note that your request must be in a recordable format (email,
letter, audio tape etc.), and that you have 40 working days upon receipt
of this letter to ask for a review. You will receive a full response to
your review request within 20 working days of its receipt. Please remember
to quote the RFI reference number above in any future communications.

If you are not content with the outcome of the review, you can ask the
Scottish Information Commissioner to review our decision. You must submit
your complaint to the Commissioner within 6 months of receiving our review
response. The Commissioner can be contacted at:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
Website www.itspublicknowledge.info
E-mail: [email address]

Further information about your rights and accessing information is
available on our website at: www.edinburgh.gov.uk

Yours sincerely

Alison Langton
Acting Senior Legal Support Officer

Access to Information – Central Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340 Fax 529
3603
[Edinburgh City Council request email]  www.edinburgh.gov.uk

show quoted sections

 

Gillian Ferrier, City of Edinburgh Council

 

Our ref: 319176

 

Dear Ms Love

 

Freedom of Information (Scotland) Act 2002 – Release of Information

Subject: Employment Tribunal Cost borne by the City of Edinburgh Council

 

Thank you for your request for information which has been dealt with under
the terms of the Freedom of Information (Scotland) Act 2002. Your request
for information has been considered and the information is given below:

 

You asked: Of the total number of claims brought against the Council
between 1 September 2010 and 30 September 2011, how many were found in
favour of the claimant? 
 
In a previous request, we advised that the total number of claims brought
between 1 September 2010 and 30 September 2011 was 33 and that five of
these were settled out of court. In response to this latest request, we
can advise that the claimant was successful in two.
 

Your right to seek a review

 

If you are unhappy with the way we have dealt with your request, you can
ask us to review our actions and decisions by writing to the Head of Legal
and Administrative Services, The City of Edinburgh Council, Waverley Court
Business Centre 3:1, 4, East Market Street, Edinburgh, EH8 8BG or email:
[1]legal.[Edinburgh City Council request email]

 

Please note that your request must be in a recordable format (email,
letter, audio tape etc.), and that you have 40 working days upon receipt
of this letter to ask for a review. You will receive a full response to
your review request within 20 working days of its receipt. Please remember
to quote the reference number above in any future communications.

 

If you are not content with the outcome of the review, you can ask the
Scottish Information Commissioner to review our decision. You must submit
your complaint to the Commissioner within 6 months of receiving our review
response. The Commissioner can be contacted at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

Telephone: 01334 464610

Fax: 01334 464611

Website [2]www.itspublicknowledge.info

E-mail: [3][email address]

 
Yours sincerely
 
Gillian Ferrier
 
Corporate Governance Case Manager
 
 
 
Gillian Ferrier | FOI Case Manager - Corporate Governance | City of
Edinburgh Council | Business Centre 2.1 | Waverley Court | 4 East Market
Street | Edinburgh  EH8 8BG |  Tel:  0131 529 4198 | Fax:  0131 529 3603 |
e-mail: [4][email address].uk | Working pattern -
Monday-Thursday
 

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References

Visible links
1. mailto:legal.[Edinburgh City Council request email]
2. http://www.itspublicknowledge.info/
3. mailto:[email address]
4. mailto:[email address]
file:///tmp/blocked::mailto:[email address]

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