Total Annual Figures for Compromise Agreements, etc.

Paul Cardin made this Freedom of Information request to Harborough 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 Harborough 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

Customer Services, Harborough District Council

Thank you for your communication. Your enquiry is being dealt with and you
will receive a response within 5 working days.

Yours sincerely

Mr R Heezen
Customer Contact Manager
Customer Service Team
Harborough District Council
Council Offices
Adam and Eve Street
Market Harborough
Leicestershire LE16 7AG

Tell: 01858 828282
Fax: 01858 821000
Text: 07797 878282
Website: [1]http://www.harborough.gov.uk

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Harborough District [5]www.harborough.gov.uk
Council
Council Offices E mail: [6][Harborough District Council request email]
Adam and Eve Street Contact Centre: 01858 82 82 82
Market Harborough Fax: 01858 82 10 00
Leicestershire Text Messages: 07797 87 82 82
LE16 7AG DX 27317 Market Harborough
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Stuart Done, Harborough District Council

Dear Mr Cardin,

Thank you for your request for information regarding compromise agreements
etc. Your request was received on 4^th January 2011 and logged under the
reference [FoI11/025]. Subsequently, I am dealing with your request in
compliance with the obligations contained within the Freedom of
Information Act 2000. You should expect your response no later than 1^st
February 2011.

For your information, in some circumstances a fee may be payable and if
that is the case, I will communicate that eventuality to you. Should this
be necessary, a fees notice will be issued, and you will be required to
pay before we will proceed to deal with your request.

If you have any queries about this Communication, please contact me.
Please remember to quote the reference number above. If you are unhappy
with this response then you can ask for an internal review by writing to
the Chief Executive, Harborough District Council, Council Offices, Adam
and Eve Street, Market Harborough, Leicestershire, LE16 7AG.

Yours sincerely,

Stuart Done

Team Leader (Corporate Administration)

Harborough District Council

(Tel:01858 821164

Please rate the standard of my e mail.

[1]Good [2]Average [3]Poor

Harborough District [4]www.harborough.gov.uk
Council
Council Offices E mail: [5][Harborough District Council request email]
Adam and Eve Street Contact Centre: 01858 82 82 82
Market Harborough Fax: 01858 82 10 00
Leicestershire Text Messages: 07797 87 82 82
LE16 7AG DX 27317 Market Harborough
[6]Map of Council Offices

--------------------------------------------------------------------------

[7]Notes For Email Users

[8]Compliments, Comments and Complaints

References

Visible links
1. http://www.govmetric.com/webmetric/email...
2. http://www.govmetric.com/webmetric/email...
3. http://www.govmetric.com/webmetric/email...
4. http://www.harborough.gov.uk/
5. mailto:[Harborough District Council request email]
6. http://www.harborough.gov.uk/site/script...
7. http://www.harborough.gov.uk/emailusers
8. http://www.harborough.gov.uk/ccc_form

Stuart Done, Harborough District Council

Dear Mr Cardin,

Thank you for your request for information regarding compromise agreements
etc. Your request was allocated the reference number [FoI11/025].

Having completed my investigations and having considered your request I am
in a position to confirm the following;

There were four instances in 2010 in which such agreements were utilised.
There are no records of any such arrangements prior to this.

If you have any queries about this Communication, please contact me.
Please remember to quote the reference number above. If you are unhappy
with this response then you can ask for an internal review by writing to
the Chief Executive, Harborough District Council, Council Offices, Adam
and Eve Street, Market Harborough, Leicestershire, LE16 7AG.

Yours faithfully,

Stuart Done

Team Leader (Corporate Administration)

Harborough District Council

Tel:01858 821164

Please rate the standard of my e mail.

[1]Good [2]Average [3]Poor

Harborough District [4]www.harborough.gov.uk
Council
Council Offices E mail: [5][Harborough District Council request email]
Adam and Eve Street Contact Centre: 01858 82 82 82
Market Harborough Fax: 01858 82 10 00
Leicestershire Text Messages: 07797 87 82 82
LE16 7AG DX 27317 Market Harborough
[6]Map of Council Offices

--------------------------------------------------------------------------

[7]Notes For Email Users

[8]Compliments, Comments and Complaints

References

Visible links
1. http://www.govmetric.com/webmetric/email...
2. http://www.govmetric.com/webmetric/email...
3. http://www.govmetric.com/webmetric/email...
4. http://www.harborough.gov.uk/
5. mailto:[Harborough District Council request email]
6. http://www.harborough.gov.uk/site/script...
7. http://www.harborough.gov.uk/emailusers
8. http://www.harborough.gov.uk/ccc_form

Dear Stuart Done,

Many thanks for your rapid response. However, as requested, please could you confirm whether any of these 4 agreements included the FOI / DPA "gagging clause" I referred to?

many thanks in advance,

Paul Cardin

Stuart Done, Harborough District Council

Dear Mr Cardin

Apologies, I neglected to copy some text from the completed response.

In answer to your question, the individual agreements concerned are
subject to confidentiality with respect to the terms of the agreements
but the individuals themselves are not prevented from submitting a
subject access request for information under s7 of the Data Protection
Act 1998.

I hope this satisfies your query and apologies again for my earlier
oversight

Kind Regards

Stuart Done
Team Leader (Corporate Administration)
Harborough District Council
Tel:01858 821164

show quoted sections

Dear Stuart Done,

Thank you for that detail. For the sake of completeness, can the individuals also submit FOI requests under the relevant Act?

Yours sincerely,

Paul Cardin

Stuart Done, Harborough District Council

Dear Mr Cardin,

In answer to your query, there have been no barriers placed in the way
of any of the individuals concerned in relation to their legal right of
access to information via any of the information access legislation.

Kind Regards

Stuart Done
Team Leader (Corporate Administration)
Harborough District Council
Tel:01858 821164

show quoted sections

Dear Stuart Done,

Thanks very much for your quick response,

Yours sincerely,

Paul Cardin

Paul Cardin left an annotation ()

Harborough District Council were one of the quickest respondents of the 345 councils asked, taking only 6 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...