Total Annual Figures for Compromise Agreements, etc.

Paul Cardin made this Freedom of Information request to Hambleton District 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 Hambleton District 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 sign and 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

Wendy Cockburn, Hambleton District Council

Dear Mr Cardin
With respect to your FOI Request, we have had no Hambleton District
Council employees sign a compromise agreement directly related to the
resolving of
dispute(s) / grievance(s) / internal and external investigation(s) /
whistleblowing incident(s) nor to sign and forgo their right to approach
the council in the future with Freedom of Information and/or DPA Subject
Access requests under the relevant Acts.

Regards
Wendy Cockburn
Personnel Officer
Tel: 01609 767014 (direct line)
Website: [1]www.hambleton.gov.uk
An Excellent Council Making Life Better
Please consider the environment - only print this email if absolutely
necessary

References

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1. http://www.hambleton.gov.uk/

Dear Wendy Cockburn,

Thank you very much for your very rapid response to my FOI request. Happy New Year,

Yours sincerely,

Paul Cardin

Paul Cardin left an annotation ()

Hambleton District Council were one of the quickest respondents of the 345 councils asked, taking only 2 days 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 - although to date, 65 working days have elapsed.

Paul Cardin left an annotation ()

Update here on Freedom of Information gagging clauses, including the opinion of senior counsel, Hugh Tomlinson QC:

http://easyvirtualassistance.wordpress.c...

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