Total Annual Figures for Compromise Agreements, etc.

The request was successful.

Dear Enfield Council,

Please supply totals for the following:

As far as records go back, the annual figures for the total number of current employees / ex-employees of the Council who have signed compromise agreements directly related to the resolving of dispute(s) / grievance(s) / internal and external investigation(s) / whistleblowing incident(s).

In addition to this, annual figures for the number of current employees / ex-employees who have agreed, following the matter being raised and made conditional as part of a compromise agreement drawn up by the body acting as the Council's legal team, to forgo their right to approach the council in the future with Freedom of Information and/or DPA Subject Access requests under the relevant Acts.

Please note that I do not seek or require any personal information such as names and addresses – only the total figures for each subject area.

Yours faithfully,

Paul Cardin

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Response
Dear Sir / Madam

We acknowledge your request for information received on 03/01/2011 10.26
PM

Your request has been passed to the Freedom of Information Team. This team
will contact you directly with the name and contact details of the Council
Officer responsible for handling your request.

If the information you are seeking exists, and we are not prevented from
releasing it by an exemption, the Council aim to provide you with the
information within 20 working days from receipt of your request.

Yours Sincerely
Enfield Council

Dear Sir / Madam

We acknowledge your request for information received on 03/01/2011 10.26
PM

Your request has been passed to the Freedom of Information Team. This team
will contact you directly with the name and contact details of the Council
Officer responsible for handling your request.

If the information you are seeking exists, and we are not prevented from
releasing it by an exemption, the Council aim to provide you with the
information within 20 working days from receipt of your request.

Yours Sincerely
Enfield Council

Thank you for your question. Please take a look at these Answers from our
knowledge base that might answer your question.
[2]Party Wall Act
[3]What are my rights under the Freedom of Information Act 2000?
[4]Will I be able to obtain personal information under the Freedom of
Information Act 2000?
[5]Does the Freedom of Information Act 2000 apply only to information
created from January 1st 2005?
[6]What is the purpose of the Freedom of Information Act 2000?

If no Answers are shown this means we do not currently have any
information regarding this subject matter within our knowledge base.
Discussion Thread
Customer (Paul Cardin) 03/01/2011 10.26 PM
Dear Enfield Council,

Please supply totals for the following:

As far as records go back, the annual figures for the total number
of current employees / ex-employees of the Council who have signed
compromise agreements directly related to the resolving of
dispute(s) / grievance(s) / internal and external investigation(s)
/ whistleblowing incident(s).

In addition to this, annual figures for the number of current
employees / ex-employees who have agreed, following the matter
being raised and made conditional as part of a compromise agreement
drawn up by the body acting as the Council's legal team, to forgo
their right to approach the council in the future with Freedom of
Information and/or DPA Subject Access requests under the relevant
Acts.

Please note that I do not seek or require any personal information
such as names and addresses * only the total figures for each
subject area.

Yours faithfully,

Paul Cardin

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[8][FOI #56634 email]

Is [9][Enfield Council request email] the wrong address for Freedom
of Information requests to Enfield Council? If so please contact us
using this form:
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Question Reference No110103-000005
Date Created: 03/01/2011 10.26 PM
Last Updated: 03/01/2011 10.26 PM
Status: Correspondence team

References

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8. mailto:[FOI #56634 email]
9. mailto:[Enfield Council request email]
10. http://www.whatdotheyknow.com/help/contact

Enfield Council

Dear Mr Cardin

I write further to your FOI request for details regarding the number of
compromise agreements. I would advise you that when a compromise
agreement is entered into by the Council, it is done so on a strict
confidential basis. I would also add that the agreements do include
confidentiality clauses. Bearing this in mind I am unable to respond to
your request.

Kind regards
Olive L Jones
Head of HR, Strategy & Policy
Telephone No: 020 8379 4701- Ext No: 4701
Mobile No: 07949 051899
Email: [email address]

*************************************************************************************
Enfield Council - a 4 Star Council and Beacon Authority for Supporting
Independent
Living for Disabled Adults 2009-2010
Any opinions expressed in this email are those of the individual and are
not necessarily those of the London Borough of Enfield.* This email and
any attachments or files transmitted with it are strictly confidential and
intended solely for the named addressee.* It may contain privileged and
confidential information and if you are not the intended recipient you
must not copy, distribute or use the communication in any other way.
All traffic handled by the Government Connect Secure Extranet may be
subject
to recording and/or monitoring in accordance with relevant legislation.
If you receive this email in error please contact the sender as soon as
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Dear Enfield Council,

Thank you very much for your quick response.

Given the context of my requests - so far, over 130 identical queries made of English Councils, 10 positive responses received since 3rd January, and a considerable majority of councils (over 100) offering to pursue the query and look into it further, responding within the next 20 days, yours is the only response which has not offered to do so.

You seem to be putting an unnecessary obstacle in the way of reasonable access to public information - without satisfactory explanation.

'Confidentiality' is not an issue here. As stated, I am not seeking names or other sensitive details, and simply request Annual total figures in the following format: e.g. 2006 - 1; 2007 - 0; 2008 - 0; 2009 - 2; etc. And totals for the FOI / DPA clause identified.

I would ask that in the light of this, you adopt a more considerate approach. If necessary, I will take this request through internal review and on to the Information Commissioner, where I am confident that an appeal will succeed,

Yours faithfully,

Paul Cardin

Dear Enfield Council,

Further to this query, and to quote your first response:

"If the information you are seeking exists, and we are not prevented from releasing it by an exemption, the Council aim to provide you with the information within 20 working days from receipt of your request."

No exemption exists to prevent you from furnishing information which you have admitted does exist (currently over 100 other councils are now busy working on this request).

My intentions are research-based, completely honourable, and I'd appreciate your co-operation on this request. Thank you in advance,

Yours faithfully,

Paul Cardin

[1]Enfield Logo

Response
Dear Sir / Madam

We acknowledge your request for information received on 06/01/2011 09.27
PM

Your request has been passed to the Freedom of Information Team. This team
will contact you directly with the name and contact details of the Council
Officer responsible for handling your request.

If the information you are seeking exists, and we are not prevented from
releasing it by an exemption, the Council aim to provide you with the
information within 20 working days from receipt of your request.

Yours Sincerely
Enfield Council

Dear Sir / Madam

We acknowledge your request for information received on 06/01/2011 09.27
PM

Your request has been passed to the Freedom of Information Team. This team
will contact you directly with the name and contact details of the Council
Officer responsible for handling your request.

If the information you are seeking exists, and we are not prevented from
releasing it by an exemption, the Council aim to provide you with the
information within 20 working days from receipt of your request.

Yours Sincerely
Enfield Council

Thank you for your question. Please take a look at these Answers from our
knowledge base that might answer your question.
[2]Procedure for Lost / Stolen Freedom Pass
[3]What do I need to bring to renew a disabled person's Freedom Pass?
[4]What are my rights under the Freedom of Information Act 2000?
[5]Will I be able to obtain personal information under the Freedom of
Information Act 2000?
[6]Will I get all the information I have asked for from the Council under
the Freedom of Information Act 2000?

If no Answers are shown this means we do not currently have any
information regarding this subject matter within our knowledge base.
Discussion Thread
Customer (Paul Cardin) 06/01/2011 09.27 PM
Dear Enfield Council,

Further to this query, and to quote your first response:

"If the information you are seeking exists, and we are not
prevented from releasing it by an exemption, the Council aim to
provide you with the information within 20 working days from
receipt of your request."

No exemption exists to prevent you from furnishing information
which you have admitted does exist (currently over 100 other
councils are now busy working on this request).

My intentions are research-based, completely honourable, and I'd
appreciate your co-operation on this request. Thank you in advance,

Yours faithfully,

Paul Cardin

-------------------------------------------------------------------
Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
[7]http://www.whatdotheyknow.com/help/offic...

Please use this email address for all replies to this request:
[8][FOI #56634 email]

If you find WhatDoTheyKnow useful as an FOI officer, please ask
your web manager to suggest us on your organisation's FOI page.
-------------------------------------------------------------------

Question Reference No110106-000011
Date Created: 06/01/2011 09.27 PM
Last Updated: 06/01/2011 09.27 PM
Status: Correspondence team

References

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8. mailto:[FOI #56634 email]

Enfield Council

Dear Paul
Please find information showing the number of Compromise Agreements by
year:

2004 - 1
2005 - 1
2006 - 1
2007 - 0
2008 - 4
2009 - 3
2010 - 5

All compromise agreements were for people who left the organisation. There
were also an additional 15 agreements during this period of time since
2005.

Kind regards
Louise

Louise Allen
Workforce Planning Analyst
HR Strategy and Policy

020 8379 3072 -Ext No: 3072
[mobile number]

----- Forwarded by Louise Allen/SSU/LBE on 01/02/2011 10:55 -----

Olive Jones/SSU/LBE To Louise Allen/SSU/LBE@LBE
cc
01/02/2011 10:27 Subject Fw: You have a new FOI request in the RightNow
System - FOI11/CEO/1

Olive L Jones
Head of HR, Strategy & Policy
Telephone No: 020 8379 4701- Ext No: 4701
Mobile No: 07949 051899
Email: [email address]
----- Forwarded by Olive Jones/SSU/LBE on 01/02/2011 10:27 -----

Heather Littler/CEX/LBE To Olive Jones/SSU/LBE@LBE
cc
05/01/2011 17:13 Subject Fw: You have a new FOI request in the
RightNow System - FOI11/CEO/1

Olive

I have assigned the attached FOI to you. System details are as follows:

FOI Ref: FOI11/CEO/1

Target date for response: 1 February 2011

Please copy me into your response.

Thank you.
Heather Littler
Senior Admin Officer
Communities, Communications, Policy and Performance
Chief Executive's Unit
London Borough of Enfield
( 020 8379 4037
; [email address]
P Please consider the environment - do you really need to print this
email?
----- Forwarded by Heather Littler/CEX/LBE on 05/01/2011 17:12 -----

Lee Hodges/CORP/LBE To Heather Littler/CEX/LBE@LBE
cc Rachel Gibson/CEX/LBE@LBE
04/01/2011 10:15 Subject Fw: You have a new FOI request in the RightNow
System

Please see FOI request below.

Thanks
Lee
----- Forwarded by Lee Hodges/CORP/LBE on 04/01/11 10:13 -----

"Enfield Council" To [email address],
<[Enfield Council request email]> [email address],
[email address],
03/01/11 22:26 [email address],
[email address],
+--------------------------------------+ [email address],
| Please respond to | [email address],
| "Enfield Council" | [email address]
| <[Enfield Council request email]> | cc
+--------------------------------------+ Subject You have a new FOI request in
the RightNow System

The following question has been received:

Contact Information
---------------------------------------------------------------
Email Address: [FOI #56634 email]
First Name: Paul
Last Name: Cardin
Type:
Title:
Title:
House Number:
House Name:
1st Line of Address:
2nd Line of Address:
Full Post Code:
Town:
Age Range:
Ethnicity:
Ethnic Origin:
Gender:
Disability:
survey date:
SurveyCRM:

Team
---------------------------------------------------------------

Opened by Username
---------------------------------------------------------------

Reference #110103-000005
---------------------------------------------------------------
Question: Freedom of Information request - Total Annual
Figures for Compromise Agreements, etc.
Category Level 1: PID 722 - Freedom of Information Act
Date Created: 03/01/2011 10.26 PM
Last Updated: 03/01/2011 10.26 PM
Status: Correspondence team
Assigned:
Transaction Types:
Avoidable Contact:
Cause Descriptions:
Channel Failure:
Email_Processing_Typ:
Department:

Comments Field
---------------------------------------------------------------

Discussion Thread
---------------------------------------------------------------
Response - 03/01/2011 10.26 PM
Dear Sir / Madam

We acknowledge your request for information received on 03/01/2011 10.26
PM

Your request has been passed to the Freedom of Information Team. This team
will contact you directly with the name and contact details of the Council
Officer responsible for handling your request.

If the information you are seeking exists, and we are not prevented from
releasing it by an exemption the Council aim to provide you with the
information within 20 working days from receipt of your request.

Yours Sincerely
Enfield Council

Dear Sir / Madam

We acknowledge your request for information received on 03/01/2011 10.26
PM

Your request has been passed to the Freedom of Information Team. This team
will contact you directly with the name and contact details of the Council
Officer responsible for handling your request.

If the information you are seeking exists, and we are not prevented from
releasing it by an exemption the Council aim to provide you with the
information within 20 working days from receipt of your request.

Yours Sincerely
Enfield Council

Please take a look at these Answers from our knowledge base that might
answer your question.

If no Answers are shown this means we do not currently have any
information regarding this subject matter within our knowledge base.

Customer (Paul Cardin) - 03/01/2011 10.26 PM
Dear Enfield Council,

Please supply totals for the following:

As far as records go back, the annual figures for the total number
of current employees / ex-employees of the Council who have signed
compromise agreements directly related to the resolving of
dispute(s) / grievance(s) / internal and external investigation(s)
/ whistleblowing incident(s).

In addition to this, annual figures for the number of current
employees / ex-employees who have agreed, following the matter
being raised and made conditional as part of a compromise agreement
drawn up by the body acting as the Council's legal team, to forgo
their right to approach the council in the future with Freedom of
Information and/or DPA Subject Access requests under the relevant
Acts.

Please note that I do not seek or require any personal information
such as names and addresses *** only the total figures for each
subject area.

Yours faithfully,

Paul Cardin

-------------------------------------------------------------------
Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://www.whatdotheyknow.com/help/offic...

Please use this email address for all replies to this request:
[FOI #56634 email]

Is [Enfield Council request email] the wrong address for Freedom
of Information requests to Enfield Council? If so please contact us
using this form:
http://www.whatdotheyknow.com/help/contact

If you find WhatDoTheyKnow useful as an FOI officer, please ask
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-------------------------------------------------------------------

*************************************************************************************
Enfield Council - a 4 Star Council and Beacon Authority for Supporting
Independent
Living for Disabled Adults 2009-2010
Any opinions expressed in this email are those of the individual and are
not necessarily those of the London Borough of Enfield.** This email and
any attachments or files transmitted with it are strictly confidential and
intended solely for the named addressee.** It may contain privileged and
confidential information and if you are not the intended recipient you
must not copy, distribute or use the communication in any other way.
All traffic handled by the Government Connect Secure Extranet may be
subject
to recording and/or monitoring in accordance with relevant legislation.
If you receive this email in error please contact the sender as soon as
possible and delete the email and any attachments.
*************************************************************************************

This footnote also confirms that this email message has been swept by
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Dear Louise,

Many thanks for your response and for the time you have devoted to this request. I really appreciate it your help.

I was a little confused by the extra 15 agreements you refer to. Could you explain this in greater detail - perhaps assigning them to the years they occurred? Also, could I ask you to exclude any COT3 agreements, also compromise agreements drawn up in the following circumstances?

1. Purely redundancy situations
2. Purely PILON (pay in lieu of notice) situations
3. Equal pay claims
4. TUPE situations

Can I also ask you to address the second part of my request i.e. has the council ever sought, as part of a compromise agreement, to prevent the employee concerned making future requests under the FOI / DPA Acts?

Yours faithfully,

Paul Cardin

Enfield Council

Dear Paul
Our compromise agreement template does not prevent the employee concerned
making future requests under the FOI or Data Protection Act.

There were 15 agreements in our records that were not assigned to a
particular year. We have been able to go back and assign years as follows

2004 - 1
2005 - 1
2006 - 6
2007 - 5
2008 - 7
2009 - 4
2010 - 6

Kind regards
Louise

Louise Allen
Workforce Planning Analyst
HR Strategy and Policy

020 8379 3072 -Ext No: 3072
[mobile number]

Paul Cardin To [email address]
<[FOI #56634 email]> cc
Subject Re: Fw: You have a new FOI
01/02/2011 21:32 request in the RightNow
System - FOI11/CEO/1

Dear Louise,

Many thanks for your response and for the time you have devoted to
this request. I really appreciate it your help.

I was a little confused by the extra 15 agreements you refer to.
Could you explain this in greater detail - perhaps assigning them
to the years they occurred? Also, could I ask you to exclude any
COT3 agreements, also compromise agreements drawn up in the
following circumstances?

1. Purely redundancy situations
2. Purely PILON (pay in lieu of notice) situations
3. Equal pay claims
4. TUPE situations

Can I also ask you to address the second part of my request i.e.
has the council ever sought, as part of a compromise agreement, to
prevent the employee concerned making future requests under the FOI
/ DPA Acts?

Yours faithfully,

Paul Cardin

-----Original Message-----

Dear Paul
Please find information showing the number of Compromise
Agreements by
year:

2004 - 1
2005 - 1
2006 - 1
2007 - 0
2008 - 4
2009 - 3
2010 - 5

All compromise agreements were for people who left the
organisation. There
were also an additional 15 agreements during this period of time
since
2005.

Kind regards
Louise

Louise Allen
Workforce Planning Analyst
HR Strategy and Policy

020 8379 3072 -Ext No: 3072
[mobile number]

-------------------------------------------------------------------
Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://www.whatdotheyknow.com/help/offic...

Please use this email address for all replies to this request:
[FOI #56634 email]

If you find WhatDoTheyKnow useful as an FOI officer, please ask
your web manager to suggest us on your organisation's FOI page.
-------------------------------------------------------------------

*************************************************************************************
Enfield Council - a 4 Star Council and Beacon Authority for Supporting
Independent
Living for Disabled Adults 2009-2010
Any opinions expressed in this email are those of the individual and are
not necessarily those of the London Borough of Enfield.* This email and
any attachments or files transmitted with it are strictly confidential and
intended solely for the named addressee.* It may contain privileged and
confidential information and if you are not the intended recipient you
must not copy, distribute or use the communication in any other way.
All traffic handled by the Government Connect Secure Extranet may be
subject
to recording and/or monitoring in accordance with relevant legislation.
If you receive this email in error please contact the sender as soon as
possible and delete the email and any attachments.
*************************************************************************************

This footnote also confirms that this email message has been swept by
MIMEsweeper for the presence of computer viruses.

[1]www.clearswift.com
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Dear Enfield Council,

Thanks very much for your response and for the time you have devoted to this FOI request,

Yours faithfully,

Paul Cardin

Paul Cardin left an annotation ()

Enfield Council were one of the slower respondents of the 345 councils asked, taking 34 working days (over the statutory period) to respond positively and in full.

Please link here to read about the further aspects of this request:

www.easyvirtualassistance.co.uk/page4.html

...including councils who have attempted to prevent individuals from exercising their statutory FOI / DP querying rights.

There is a growing trend for the use of compromise agreements, not just in the area of disputes or whistleblowing, but also in general redundancy or equal pay claims. Some councils have yet to answer this query - and to date, 65 working days have elapsed

Paul Cardin left an annotation ()

Here’s a piece of legal opinion from Senior Counsel Hugh Tomlinson QC, which appears to make more likely the prospect of public sector employers opting for Freedom of Information and Data Protection “gagging clauses” within compromise agreements; and thereby aiming to remove persons’ statutory rights to make data and information requests.

It has been an effective reputation management tactic, and a way of concealing the historical malpractice engaged in by employers when targetting whistleblowers or getting rid of people who’ve lodged grievances. The ruse has been deployed in the past by two councils; Cheshire West & Chester, and Brent.

The ICO are powerless to prevent it as the HT opinion implies that contract law takes precedence over a person’s statutory rights – which it appears can be surrendered. The ICO could only act if the recipient of any “ban” were to breach it and make an FoI or DP request of the relevant data controller – which is unlikely to occur because there’s always a “club over the head” of the signatory to the compromise agreement i.e. the threat of any monetary pay off being clawed back through the courts.

http://tinyurl.com/bu9vynx