number and nature of Compromise agrements

Peter Davies made this Freedom of Information request to Knowsley Metropolitan Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Knowsley Metropolitan Borough Council,

1.How many compromise agreements have been signed by staff leaving your employment in the last 3 years?

2.Please give details of total costs associated with such agreements for the following years 2010, 2011, 2012 and the current year so far

3. Please break down these figures by Directorate and Department

4.Has any former employee broken any such compromise agreement, if so what action has been taken?

Yours faithfully,

Peter Davies

Freedom of Information, Knowsley Metropolitan Borough Council

Dear Mr Davies

Thank you for your email received on 28 June 2013 requesting information about the number and nature of Compromise agreements.

I have recorded your request for information under reference F2013.06.1850.

This has been passed to the relevant service and you will receive a response by 26 July 2013, as required by law.

In line with guidance published by the Information Commissioner’s Office, the council may make a charge for the provision of information – for example in order to cover the costs of postage (in line with the relevant postal charges) or charges for printing and copying (which will reflect photocopying charges levied by the council’s public libraries).

You will be informed if a fee is to be applied before information is to be provided.

Paula Skelhorn
Business Support Assistant
Customer Liaison Team
Knowsley Metropolitan Borough Council
7th Floor Huyton Municipal Building
Archway Road
Huyton
Knowsley
L36 9YU

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Dear Freedom of Information,

The response is currently late please can you supply the requested information

Yours sincerely,

Peter Davies

Freedom of Information, Knowsley Metropolitan Borough Council

Dear Mr Davies,

Firstly let me apologise for the delay in responding to your last e-mail and for not getting back to you with a substantive reply by 26 July as promised.

I will now try to explain the reason for this and where things are up to with your request.

The initial response was passed to the relevant officer within the Council to compile a response and the compiling officer sent a draft response for clearance to the relevant Director. The Director has asked the compiling officer to do some further checks on the figures to be certain that we are giving the correct information.

Officers are now in the final process of these checks and I will provide you with a final response by the end of the week.

Regards,

Freedom of Information
Knowsley MBC
Archway Road
Huyton
Knowsley
Merseyside
L36 9UX

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Dear Freedom of Information,

Thank you for your reply. I look forward to receiving the full response by the end of this week

Yours sincerely,

Peter Davies

Bunn, James, Knowsley Metropolitan Borough Council

1 Attachment

Hello Mr Davies

I apologise for the delay in replying, please see the attached in reply to your request.

King regards
Jimmy Bunn
Organisational Development Officer
0151 443 3733

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Dear Bunn, James,

Thank you for the late repsonse however I require you to clarify the reply to my questions posed:

I originally asked that you supply both the Diectorate and the Department however you only supplied the Directorate.

Also can you explain the statement " where the agreement has been a mutual decision to terminate employment for specific reasons and also includes a confidentiality clause binding upon both parties.

Other similar agreements have been entered into with employees that do not fit the definition outlined above e.g. where where the termination of employment has arisen due to the mutually agreed termination of a fixed term contract or where the employee has agreed to waive contractual notice pay etc "

Yours sincerely,

Peter Davies

Bunn, James, Knowsley Metropolitan Borough Council

I am out of the office on leave until Thursday 22nd August 2013. In my absence please call the Organisational Development Team on 0151 443 3733 or contact me on my mobile 07813 600165 if it is urgent.

Dear Knowsley Metropolitan Borough Council,

Please kindly provide the information that I have requested

Yours faithfully,

Peter Davies

Bunn, James, Knowsley Metropolitan Borough Council

1 Attachment

Hello Mr Davies

I have attached the information broken down by service.

The previous clarification was an attempt to explain that :-

1) In some cases, a full compromise agreement including a confidentially clause is considered both appropriate and in keeping with the wishes of both parties.

2) In other cases, i.e. where someone wishes to receive a payment in lieu of the remaining period of notice, a compromise agreement is still used as a means to achieve this settlement, however the full legal terms of a compromise agreement, including a confidentially clause, are unlikely to be needed or relevant in these circumstances.

Kind regards
Jimmy Bunn
Organisational Development Officer
0151 443 3733

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Dear Bunn, James,

Thank you for the information.

I do understand that you must ensure that there is no breach of confidentiality.

However the original request did ask for the information to be provided in a detailed reply. I only asked for Directorate and Department I did ask for personal information such as names or addresses.

Yours sincerely,

Peter Davies

Bunn, James, Knowsley Metropolitan Borough Council

Hello Mr Davies

In Knowsley MBC Directorates and Departments are the same thing, which I provided the detail for in my first reply and then added the service in my second reply.

Can I confirm that you are asking for names or address, if so we are unable to provide this due to data protection guidelines.

If you have any more questions, please do not hesitate to ask.

Kind regards
Jimmy Bunn
Organisational Development Officer
0151 443 3733

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Dear Bunn, James,

Sorry for the confusion. I can confirm that I DO NOT require any personal information , I did not fully proof read my last message to you and as a result it should have said I DO NOT require personal information instead of I DO .

Hope this clarifies the enquiry.

I now consider this FOI successful.

Thanks you for your assistance

Yours sincerely,

Peter Davies

Paul Cardin left an annotation ()

Here's a link to a survey of 345 English Councils and their compromise agreements issued in dispute circumstances (i.e. with gagging clauses) between the years 2006 and 2010:

http://wirralinittogether.wordpress.com/...

Peter Davies left an annotation ()

Hi Paul

without your research and perseverance no-one would be aware of the practices and lengths that some councils or its officers go to to cover up their mistakes. Keep up the good work