Dear Mr Thompson,

I refer to your request for information received on 27 April 2022.

Your request for information will be considered under the provisions of
Freedom of Information Act 2000, if your request also relates to
Environmental Information e.g. information about the environment or land
development your request will then be considered under the  Environmental
Information Regulations 2004. In accordance with the legislation, the
deadline for responding is usually 20 working days from the receipt of the
request, this being the 26 May 2022. However, we shall endeavour to deal
with your request promptly, and if possible before this date.

Yours sincerely,

Business Services Assistant

Access to Information Team

Derbyshire County Council

County Hall

Matlock

DE4 3AG       

══════════════════════════════════════════════════════════════════════════

Join thousands of local residents who receive regular county council news
direct to their inbox. Go to our [1]website and click on the Sign Up
button.

══════════════════════════════════════════════════════════════════════════

Think before you print! Save energy and paper. Do you really need to print
this email?

Derbyshire County Council works to improve the lives of local people by
delivering high quality services. You can find out more about us by
visiting [2]www.derbyshire.gov.uk.
If you want to work for us go to our job pages on
[3]www.derbyshire.gov.uk/jobs. You can register for e-mail alerts,
download job packs and apply on-line.

══════════════════════════════════════════════════════════════════════════

Please Note
This email is confidential, may be legally privileged and may contain
personal views that are not the views of Derbyshire County Council. It is
intended solely for the addressee. If this email was sent to you in error
please notify us by replying to the email. Once you have done this please
delete the email and do not disclose, copy, distribute, or rely on it.
Under the Data Protection Act 2018 and the Freedom of Information Act 2000
the contents of this email may be disclosed.
Any personal information you have given us will be processed in accordance
with our privacy notices, available at
[4]www.derbyshire.gov.uk/privacynotices.

Derbyshire County Council reserves the right to monitor both sent and
received emails.

══════════════════════════════════════════════════════════════════════════

CONTROLLED

References

Visible links
1. https://www.derbyshire.gov.uk/council/ne...
2. http://www.derbyshire.gov.uk/
3. http://www.derbyshire.gov.uk/jobs
4. http://www.derbyshire.gov.uk/privacynoti...

Dear Mr Thompson

Thank you for your information request dated 27^th April. The request has
been considered under the Freedom of Information Act 2000. The response to
your request is as follows:

The requested information is refused as the exemption to disclosure
pursuant to Section 43(2) Commercial interests is engaged. Section 43(2)
states that: Information is exempt information if its disclosure under
this Act would, or would be likely to, prejudice the commercial interests
of any person (including the public authority holding it).

A commercial interest relates to a person’s ability to participate
competitively in a commercial activity.

Disclosing information about how the Council calculate such payments would
prejudice its ability to negotiate payments with employees as they would
have an insight into the factors that the Council take into account and
the monetary sums that the Council has paid in respect of them. It would
allow employees to have an insight into how the Council evaluate such
payments.

Disclosing this information will enable employees to consider similar
payments made by the council and may encourage them to pursue claims
accordingly. It will also provide details of the commercially assessed
value of any existing claims. This has the potential to undermine
commercial settlement of claims, in that employees would be able to assess
the likely level at which such payments would be settled by the council.

The Public interest test

The exemption under section 43(2) is subject to the public interest test.
This means that, even when a public authority has demonstrated that

the exemption is engaged, it is required to consider the balance of public
interest in deciding whether to disclose the information.

Public interest in favour of disclosure

Transparency and accountability, sound decision-making, integrity,
ensuring justice and fair treatment for employees and securing the best
use of public funds.

Public interest arguments in favour of maintaining the exemption.

The overall public interest in protecting the  negotiating position of the
council and protecting it from future claims for such payments which would
be taken from public funds outweighs the public interest in disclosing the
information.

The Council are of the opinion that the balance of the public interest
test favours withholding the information.

I hope this now deals with your request for information. However should
you wish the outcome to be reviewed, please follow the procedure as set
out below;

Stage 1:

In the first instance, please send in your comments, and wherever
possible, a copy of your request and the covering letter enclosing the
information or refusing your request to:

Access to Information Solicitor

Legal Services

Derbyshire County Council

County Hall

Matlock

DE4 3AG

Email: [1][Derbyshire County Council request email]

Please ensure that correspondence is marked as “Request for a review of my
Freedom of Information Act / Environmental Information Regulations
request”, and bears any case references you have been given.   

Stage 2:

After completing the above procedure, if you wish to challenge the
decision further, then you have a right to contact the Information
Commissioner’s Office as follows: 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel. 0303 123 1113/ Fax: 01625 524510

ICO Weblink: [2]http://www.ico.org.uk/complaints.aspx

Kind regards

Karl Redshaw

HR Management Information Team | HR – Organisation, Development & Policy
Division | Corporate Services and Transformation | Derbyshire County
Council

Visit us at [3]www.derbyshire.gov.uk | Follow us on [4]Twitter | Find us
on [5]Facebook

══════════════════════════════════════════════════════════════════════════

Join thousands of local residents who receive regular county council news
direct to their inbox. Go to our [6]website and click on the Sign Up
button.

══════════════════════════════════════════════════════════════════════════

Think before you print! Save energy and paper. Do you really need to print
this email?

Derbyshire County Council works to improve the lives of local people by
delivering high quality services. You can find out more about us by
visiting [7]www.derbyshire.gov.uk.
If you want to work for us go to our job pages on
[8]www.derbyshire.gov.uk/jobs. You can register for e-mail alerts,
download job packs and apply on-line.

══════════════════════════════════════════════════════════════════════════

Please Note
This email is confidential, may be legally privileged and may contain
personal views that are not the views of Derbyshire County Council. It is
intended solely for the addressee. If this email was sent to you in error
please notify us by replying to the email. Once you have done this please
delete the email and do not disclose, copy, distribute, or rely on it.
Under the Data Protection Act 2018 and the Freedom of Information Act 2000
the contents of this email may be disclosed.
Any personal information you have given us will be processed in accordance
with our privacy notices, available at
[9]www.derbyshire.gov.uk/privacynotices.

Derbyshire County Council reserves the right to monitor both sent and
received emails.

══════════════════════════════════════════════════════════════════════════

References

Visible links
1. mailto:[Derbyshire County Council request email]
2. http://www.ico.org.uk/complaints.aspx
3. http://www.derbyshire.gov.uk/
4. http://www.twitter.com/derbyshirecc
5. http://www.facebook.com/derbyshirecc
6. https://www.derbyshire.gov.uk/council/ne...
7. http://www.derbyshire.gov.uk/
8. http://www.derbyshire.gov.uk/jobs
9. http://www.derbyshire.gov.uk/privacynoti...