ET Cost of Barristers/Solicitors

The request was partially successful.

Dear City of Edinburgh Council

I would like to know how much the Council has spent outsourcing to either Barristers Chambers or Solicitors at Employment Tribunals for all Council Staff (including Teaching Staff). Any combination of those below, between 1st August 2000 and the 31 October 2010:

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, I may have omitted.

Please name the Solicitors/Barristers that the Council have outsourced to: For example, 2010 Number (which is the cost spent) Name (Name of Solicitor/Barrister). Please provide the figures in the following format e.g. 2006 – NUMBER HERE AND SOLICITOR OR BARRISTERS NAME HERE; 2007 – NUMBER HERE AND SOLICITOR OR BARRISTERS NAME HERE; 2008 – NUMBER HERE AND SOLICITORS OR BARRISTERS NAME HERE ; 2010 – NUMBER HERE AND SOLICITORS OR BARRISTERS NAME HERE; etc, thus making it easier for one to read and to ensure there is no misunderstandings.

I would request that you include VAT in the figures. Not a before and after VAT, a figure which included total cost including VAT.

Please also send this information as "calendar years" not financial years.

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,

G

Freedom of Information, City of Edinburgh Council

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Dear Freedom of Information,

Thank you for your prompt response. I must apologise there was slight technical glitch when I first registered which omitted my name. This has now been rectified by the have you say team, who have been extremely helpful in resolving this issue.
I look forward to receiving the correct information from you.

Yours sincerely,

V Gray

Freedom of Information, City of Edinburgh Council

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back to you as soon as possible.
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Freedom of Information, City of Edinburgh Council

G

Please can you provide me with a name so I can log your request
accurately.

Thanks

Alison

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Dear Alison,

I sent the following message on the 16 January 2011:

Dear Freedom of Information,

Thank you for your prompt response. I must apologise there was slight technical glitch when I first registered which omitted my name. This has now been rectified by the have you say team, who have been extremely helpful in resolving this issue.
I look forward to receiving the correct information from you.

Yours sincerely,

V Gray NAME V GRAY

Freedom of Information, City of Edinburgh Council

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back to you as soon as possible.
Regards,

Customer Services.

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email.

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Freedom of Information, City of Edinburgh Council

Dear Mr Gray

Thank you for your request for information received on 17 January 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 us 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 3:1, 4, East Market Street, Edinburgh, EH8 8BG or email:
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 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

Laura Callender
Team Leader

Access to Information - Central Unit
Level 3:1, 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 Laura Callender,

Thank you for your prompt response, I look forward to receiving the correct information

Yours sincerely,

V Gray

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.

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Dear Freedom of Information,

I did not realise that the terminology was different in Scotland for Barrister/Advocate. I was referring to the legal term Advocate. With regard to this request please provide the information as Advocate/Solicitor

I look forward to receiving the correct information from you.

Thank you for your full Co-Operation.

Yours sincerely,

V Gray

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.

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Lorraine Davidson, City of Edinburgh Council

Dear V Gray

Freedom of Information (Scotland) Act 2002 - Request for Information

Subject: Cost of Outsourcing to Barristers/Solicitors for Employment
Tribunals

Thank you for your request for information which is being dealt with under
the terms of the Freedom of Information (Scotland) Act 2002.
Unfortunately, we are unable to provide you with the information requested
as we do not hold all the information in the format requested but we will
collate as much as we can in the next 5-7 days and revert back to you.

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 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,

Lorraine Davidson

Corporate FOI Officer

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References

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

Dear Lorraine Davidson,

Thank you for your response. I look forward to receiving the correct information.

Yours sincerely,

V Gray

Dear City of Edinburgh Council,

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

I am writing to request an internal review of City of Edinburgh Council's handling of my FOI request 'ET Cost of Barristers/Solicitors'.

As they have failed to respond to the request within the given timescale.

Please undertake to have the decision reviewed by a senior officer not involved in making the original decision and communicate their
response within the relevant timescale on this web page.

I would point out you are legally obliged to provide the correct figures and names of Barristers/Solicitors and the total cost.

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

Yours faithfully,

V Gray

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 Mr Gray

Thank you for your correspondence of 21 March 2011 (received by us on 22
March 2011) asking that the Council reviews its handling of RFI 208268.

I can confirm that the Council will deal with your review promptly under
the provisions of the Freedom of Information (Scotland) Act 2002. You will
receive a full response no later than 20 working days upon receipt of your
request.

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]

In the meantime, if you have any further queries, please get in touch
quoting the above reference number.

Yours sincerely

Alison Langton
Acting Senior Legal Support Officer

Access to Information - Central Unit
Level 3:1, 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,

Thank you for your response. I look forward to receiving the correct information.

Yours sincerely,

V Gray

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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Maggie Horsley, City of Edinburgh Council

V Gray Date 14 February 2011

[FOI #57822 email]

RFI No 208268

Your Ref

Dear V Gray

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

Subject: Cost of Outsourcing to Barristers/Solicitors for Employment
Tribunals

I refer to your request for a review in light of the Councils failure to
respond timeously to your request of 17 January for information under the
Freedom of Information (Scotland) Act 2002.

My review outcome is as follows:-

The Council failed to respond within the statutory timescales and I would
ask you to accept my apologies in this regard.

With regard to the substance of your request, unfortunately the Council is
able to meet only part of your request, namely how much the Council has
spent outsourcing to either Barristers Chambers or Solicitors at
Employment Tribunals for all council Staff (including Teaching Staff) from
the year 2004.

The Council no longer holds the information you requested for the years
prior to 2004. Please therefore take this as notice that in terms of
section 17 of the Freedom of Information (Scotland) Act 2002 this
information is not held.

In response to your request the period 2004 until 2009 contained the
following claims to an Employment Tribunal.

Detrimental acts Fees paid to Dundas and
Wilson, Solicitors: £6,000

Constructive Dismissal Fees paid to D Fairley, Advocate
: £3,143.13

Unfair dismissal claim. Fees paid to D Fairley,
Advocate: £7,300.00

Unfair dismissal claim. Fees paid to D Fairley,
Advocate : £1.175.00

Unfair dismissal claim. Fees paid to D Fairley,
Advocate: £1.200.00

Unfair dismissal claim. Fees paid to C H S MacNeill,
Advocate : £6,600.00

DDA/Unfair dismissal claim. Fees paid to D Fairley, Advocate :
£3,525.00

Unfair Dismissal and Wrongful Dismissal Fees paid to I Truscott, QC:
£881.25

Failure to supply Written Particulars Fees paid to D Fairley, Advocate :
£1,292.50

Unfair Dismissal Fees paid to B J Heaney,
Advocate : £1,868.25

Unfair dismissal claim. Fees paid to K H Forrest,
Advocate : £2,000.00

Unfair Dismissal claim. Fees paid to B J
Heaney, Advocate: £1,527.50

DDA/Unfair dismissal claim. Fees paid to D Hay, Advocate
£675.63

DDA/unfair dismissal claim. Fees
paid to D Fairley, Advocate : £687.00

Unfair Dismissal Fees paid to D Hay,
Advocate: £3,162.50

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

Multi claim Sex Discrimination/Equal Pay claims

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 CounselÂ*s fees amounted to £184,759.25. These were
split between I Truscott QC and L Marsh,
Advocate.

If you are dissatisfied 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 [1]www.itspublicknowledge.info

E-mail: [2][email address]

Yours sincerely,

M Horsley

For Head of Legal and Administrative Services

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References

Visible links
1. http://www.itspublicknowledge.info/
2. mailto:[email address]

Dear Maggie Horsley,

Thank you for providing the correct information.

Yours sincerely,

V Gray

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