Total Annual Figures for Compromise Agreements, etc.

Paul Cardin made this Freedom of Information request to Kettering Borough 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 Kettering Borough Council,

Please supply Annual 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 provide the figures in the following format e.g. 2006 - 2; 2007 - 4; 2008 - 0; 2010 - 6; etc.

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

Dear Kettering Borough Council,

By law, I believe the authority should have responded promptly and
by 1st February 2011.

Although I have received no response, to assist, I would like to
'sharpen' and reduce the scope of the original request as follows:

Please exclude all COT3 Agreements and all 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

Further to this, please reduce the time period to the years between
2005 and 2010 i.e. the last six years.

I am researching this particular area and aim to view trends and
movements both regionally and nationally. It would benefit myself
and the authority if the figures reached were as accurate as
possible.

When responding, please give figures in calendar year format e.g.
2005 - 1; 2006 - 3; 2007 - 2; etc.

Many thanks in advance,

Yours faithfully,

Paul Cardin

FOI, Kettering Borough Council

Thank you for your email. If you are applying for information under The
Freedom of Information Act 2000, your request is being processed and a
response will be sent to you within 20 working days from receipt of your
request. However, if we require further clarification regarding your
request we will contact you as soon as possible. In the meantime, please
accept this email as an acknowledgement of your request.

Karen Sait, Kettering Borough Council

2 Attachments

Dear Mr Cardin

Please find attached my response to your recent enquiry. I apologise for
the delay and any inconvenience this may have caused.

Kind regards

Karen Sait

Dear Karen Sait,

Thanks for your response to this request, including confirmation that an FOI / DPA related 'gagging clause' was not used by the council in 2010.

Your response is appreciated, although you haven't made it clear whether the information is actually 'held' in some form. I believe the act requires this declaration.

I understand that 'central' records were not kept back to 2005, but were ANY records kept?

Please could you answer this query as soon as possible before we proceed?

Yours sincerely,

Paul Cardin

Dear Kettering Borough Council,

Hi, I've been waiting a VERY long time for a response.

Please advise as soon as possible,

Yours faithfully,

Paul Cardin

FOI, Kettering Borough Council

Thank you for your email. If you are applying for information under The
Freedom of Information Act 2000, your request is being processed and a
response will be sent to you within 20 working days from receipt of your
request. However, if we require further clarification regarding your
request we will contact you as soon as possible. In the meantime, please
accept this email as an acknowledgement of your request.

Dear FOI,

Thanks for the automated response, however you've had two months in which time I've received nothing.

I therefore won't accept you availing yourselves of another 20 working days' grace,

Yours sincerely,

Paul Cardin

FOI, Kettering Borough Council

Thank you for your email. If you are applying for information under The
Freedom of Information Act 2000, your request is being processed and a
response will be sent to you within 20 working days from receipt of your
request. However, if we require further clarification regarding your
request we will contact you as soon as possible. In the meantime, please
accept this email as an acknowledgement of your request.

FOI, Kettering Borough Council

Dear Mr Cardin

I am sorry to hear that you have been waiting a long time for your
response to an FOI. I have checked our records and it appears that we have
not received your original request for information. Therefore I would be
grateful if you could send me a copy of your original e-mail, then I will
check with our IT Team to establish why we did not receive it.

Once I have received your request I shall ensure that this is processed as
quickly as possible.

Yours Sincerely

Joanne Perry

Executive Liaison Officer

Customer Services and Information

Kettering Borough Council

Bowling Green Road

Kettering

Northants

NN15 7QX

show quoted sections

Dear FOI,

The following email was sent on 4th January:

Dear Kettering Borough Council,

Please supply Annual 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 provide the figures in the following format e.g. 2006 - 2;
2007 - 4; 2008 - 0; 2010 - 6; etc.

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

This was followed by a message with reduced scope, sent on 2nd February which reads as follows (This did NOT receive any response either - although you appear to have received this???):

Dear Kettering Borough Council,

By law, I believe the authority should have responded promptly and
by 1st February 2011.

Although I have received no response, to assist, I would like to
'sharpen' and reduce the scope of the original request as follows:

Please exclude all COT3 Agreements and all 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

Further to this, please reduce the time period to the years between
2005 and 2010 i.e. the last six years.

I am researching this particular area and aim to view trends and
movements both regionally and nationally. It would benefit myself
and the authority if the figures reached were as accurate as
possible.

When responding, please give figures in calendar year format e.g.
2005 - 1; 2006 - 3; 2007 - 2; etc.

Many thanks in advance,

Yours faithfully,

Paul Cardin

I'd be most grateful if you could respond as soon as possible and please do not omit the 2nd question within the original message i.e.

"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."

I have sent a number of messages and a number of prompts. Please also explain which messages and prompts you HAVE received, and which messages you HAVEN'T received,

Yours sincerely,

Paul Cardin

FOI, Kettering Borough Council

Thank you for your email. If you are applying for information under The
Freedom of Information Act 2000, your request is being processed and a
response will be sent to you within 20 working days from receipt of your
request. However, if we require further clarification regarding your
request we will contact you as soon as possible. In the meantime, please
accept this email as an acknowledgement of your request.

Karen Sait, Kettering Borough Council

3 Attachments

Dear Mr Cardin

We did in fact receive your request for information on 4 January 2011 and
I sent a response to you on 8 February 2011. I attach a copy of my
original response to you.

Kind regards

Karen Sait

Freedom of Information Advisor

Kettering Borough Council

From: Joanne Perry On Behalf Of FOI
Sent: 03 March 2011 11:01
To: 'Paul Cardin'
Subject: RE: Freedom of Information request - Total Annual Figures for
Compromise Agreements, etc.

Dear Mr Cardin

I am sorry to hear that you have been waiting a long time for your
response to an FOI. I have checked our records and it appears that we have
not received your original request for information. Therefore I would be
grateful if you could send me a copy of your original e-mail, then I will
check with our IT Team to establish why we did not receive it.

Once I have received your request I shall ensure that this is processed as
quickly as possible.

Yours Sincerely

Joanne Perry

Executive Liaison Officer

Customer Services and Information

Kettering Borough Council

Bowling Green Road

Kettering

Northants

NN15 7QX

show quoted sections

Dear Kettering Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Kettering Borough Council's handling of my FOI request 'Total Annual Figures for Compromise Agreements, etc.'.

It's all got a little confusing. I also sent a message on 8th February which has not been addressed.

Please take into account all information I have sent to date. To give you an update on the broader context, I have received 253 full and positive responses to the same questions from your LGA colleagues since 1st January 2011.

I don't think 'not holding data centrally' is an adequate justification for not releasing the information.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/to...

Yours faithfully,

Paul Cardin

FOI, Kettering Borough Council

Thank you for your email. If you are applying for information under The
Freedom of Information Act 2000, your request is being processed and a
response will be sent to you within 20 working days from receipt of your
request. However, if we require further clarification regarding your
request we will contact you as soon as possible. In the meantime, please
accept this email as an acknowledgement of your request.

Karen Sait, Kettering Borough Council

1 Attachment

Dear Mr Cardin

Please find attached my acknowledgement of your request for an appeal.

Kind regards

Karen Sait

Freedom of Information Advisor

Karen Sait, Kettering Borough Council

1 Attachment

Dear Mr Cardin

Please find attached our response to your recent request for a review.

Kind regards

Karen Sait

Freedom of Information Advisor

Paul Cardin left an annotation ()

Kettering Borough Council, although they reconsidered their position following an internal review, were one of the slowest respondents of the 345 councils asked, taking 66 working days (over three times 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