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Second Time Lucky? Monies paid out due to court proceedings in 2017.

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Dear British Council,
1. How many employees and ex-employees were involved in court proceedings with the British Council in EU countries over work related disputes in 2017? Can I have copies of any court documents available for each case?
2. How much money was paid by the British Council in the EU to former
employees (including senior management) as termination settlements 2017? Please list them case by case with the amounts paid.
I understand from Case Reference FOI_2016_90 and FOI_2017_20 that this information of this type was not collated and held by the British Council prior to 2017, but that the information would be collected and held from 2017 onwards.
Regards

Paul McGinty
Delegado Sindical for CCOO in the British Council Spain.
19th February 2018, Madrid.

Case Reference: FOI_2017_20

23 March 2017

Dear Mr McGinty

Thank you for your request for information dated 17 March 2017 concerning
the number of employees and ex-employees who have taken British Council to
court over work related disputes since 2010 and how much money has been
paid to former employees in termination settlements since 2010. Your
request has been handled under the terms of the Freedom of Information Act
(FOIA) 2000 and has been passed to me for reply.

The information you have requested is not held by the British Council.

This request is substantially similar to points four and five of the
request you submitted on 21 December 2016 (Case Reference FOI_2016_90)
where you asked for the following:

4) How many employees and ex-employees have taken the British Council to
court in EU countries over work related disputes from 2010 to the present?
Can I have copies of any court documents available for each case?

5) How much money has been paid by the British Council in the EU to former
employees (including senior management) as termination settlements since
2010? Please list them case by case with the amounts paid.

Our response to both of these questions was ‘We do not hold any recorded
information that answers this question and would have to create new
information in order to answer it. Reports will be produced from 2017
onwards.’

Although the wording of your new request has changed slightly and is now
broken down by five different countries, those being the UK, Spain,
France, Portugal and Italy, we consider it to be within scope of your last
request as these are EU countries.

Nothing has changed since we responded to you on 17 February 2017.

I am sorry I could not be of more help on this occasion.

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to:

Information Governance Advisor (Disclosures)
Information Governance and Risk Management
British Council
Bridgewater House
58 Whitworth Street
Manchester
M1 6BB
Email: [1][email address]

If you are not content with the outcome of the internal review, you have a
right to appeal to the Information Commissioner for a decision at:

The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire

Phone: 0303 123 1113
Website: [2]www.ico.org.uk

Yours sincerely

Lyndsey Keogh | Information Governance Advisor (Disclosures) | Information
Governance and Risk Management Team

Yours faithfully,

Paul McGinty, Delegado Sindical for CCOO in the British Council Spain

IGDisclosures@britishcouncil.org, British Council

Reference Number: FOI_2018_17

 

20 February 2018

 

 

Dear Mr McGinty

 

Thank you for your request for information. It is being dealt with under
the terms of the Freedom of Information Act 2000 and will be answered
within 20 working days.

 

If you have any further queries please do not hesitate to contact me.

 

Yours Sincerely,              

                    

 

Lyndsey Keogh | Information Governance Advisor (Disclosures) | Information
Governance and Risk Management Team

 

[1][email address]

 

[2]https://www.britishcouncil.org/organisat...

 

 

 

show quoted sections

IGDisclosures@britishcouncil.org, British Council

Case Reference: FOI_2018_17

 

 

6 March 2018

 

 

Dear Mr McGinty

 

Thank you for your request for information dated 19 February 2018
concerning employee court proceeding in EU countries. Your request has
been handled under the terms of the Freedom of Information Act (FOIA) 2000
and has been passed to me for reply.

 

For your ease of reference I have restated your request below in bold and
have provided our response beneath.

 

1.            How many employees and ex-employees were involved in court
proceedings with the British Council in EU countries over work related
disputes in 2017? Can I have copies of any court documents available for
each case?

2.            How much money was paid by the British Council in the EU to
former employees (including senior management) as termination settlements
2017? Please list them case by case with the amounts paid.

 

I understand from Case Reference FOI_2016_90 and FOI_2017_20 that this
information of this type was not collated and held by the British Council
prior to 2017, but that the information would be collected and held from
2017 onwards.

 

I can confirm, under section 1 (1) (a) of the FOIA, that the British
Council does hold the information you have requested however we are
withholding it as section 12 (Exemption where cost of compliance exceeds
appropriate limit) applies.

 

Section 12 makes provision for public authorities to refuse requests for
information where the cost of dealing with them would exceed the
appropriate limit, which for the British Council is set at £450. This is
calculated at £25 per hour multiplied by 18 hours of staff time it would
take to determine, locate, retrieve or extract the information.

 

The information you have requested is not recorded centrally therefore in
order to locate and retrieve the information from our records would
require each country within our EU region to carry out the task separately
and then amalgamate the data. We estimate that the collective staff time
it would take to collate this information would take longer than 18 hours.

 

As part of our duty to provide advice and assistance I would like to make
you aware, at this stage, that court documents are likely to be withheld
under section 32 (Court records) or the FOIA.

 

Section 32 exempts the disclosure of any document filled with, or placed
in the custody of, a court for the purposes of proceedings in a particular
cause or matter. This includes any documents served upon, or by, a public
authority and any documents created by a court.

 

Also if any individuals can be identified by disclosing how much money was
paid to the former employees, on a case by case basis, then that
information is also likely to be withheld under section 40 (Personal
information) sub-section (2).

 

Section 40(2) allows a public authority to withhold information relating
to third parties if one of the conditions set out in section 40(3) is
satisfied. Those conditions being that disclosure would breach the fair
processing principle contained in the Data Protection Act (DPA), where it
would be unfair to that person or if it is confidential.

 

I am sorry I could not be of more help on this occasion.

 

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to:

 

Information Governance Advisor (Disclosures)

Information Governance and Risk Management

British Council

Bridgewater House

58 Whitworth Street

Manchester

M1 6BB

Email: [1][email address]

 

 

If you are not content with the outcome of the internal review, you have a
right to appeal to the Information Commissioner for a decision at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Phone: 0303 123 1113

Website: [2]www.ico.org.uk

 

 

Yours sincerely

 

 

 

Lyndsey Keogh | Information Governance Advisor (Disclosures) | Information
Governance and Risk Management Team

[3][email address]

 

[4]https://www.britishcouncil.org/organisat...

 

 

 

 

 

show quoted sections

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