Total Annual Figures for Compromise Agreements, etc.

Paul Cardin made this Freedom of Information request to Lambeth 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 Lambeth 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 (including teaching staff) 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

Phillips,Tracy, Lambeth Borough Council

Dear Paul Cardin,

FOI Acknowledgement

Thank you for your FOI Request reference 139103.

Please quote this reference in any further correspondence pertaining to
this request. The Council anticipates responding within the statutory
period of 20 working days following the date of receipt; in this case the
due date is 02/02/11.

Please note that our preferred email address to receive Freedom of
Information requests is [1][Lambeth Borough Council request email]

Thank you for your interest in Lambeth Council

Tracy Phillips

Information Compliance Adviser

Legal Services
Governance And Democracy
Finance And Resources Department
London Borough of Lambeth

Phone: 020 7926 7717
Fax: 020 7926 2361
Email: [2][email address]

Address: Lambeth Town Hall, Brixton Hill, London SW2 1RW

Information Requests: [3][Lambeth Borough Council request email]

Website: [4]http://www.lambeth.gov.uk

Making a difference

"This email (and/or attachment) may contain information that is legally
privileged. Please consult Legal Services if you wish to forward it to
any person outside of Lambeth Council"

From: Paul Cardin [mailto:[FOI #56777 email]]
Sent: 04 January 2011 22:30
To: FoI
Subject: Freedom of Information request - Total Annual Figures for
Compromise Agreements, etc.

Dear Lambeth 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 (including teaching staff) 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

Disclaimers apply for full details see
http://www.lambeth.gov.uk/EmailDisclaime...

References

Visible links
1. mailto:[Lambeth Borough Council request email]
mailto:[Lambeth Borough Council request email]
2. mailto:[email address]
3. mailto:[Lambeth Borough Council request email]
4. blocked::http://www.lambeth.gov.uk/
http://www.lambeth.gov.uk/
file:///tmp/blocked::http:/www.lambeth.gov.uk/

Phillips,Tracy, Lambeth Borough Council

Dear Paul Cardin,

Thank you for your Freedom of Information Act request reference 139103
which the Council received on 04/01/11.

Please find the information you requested below.

Q1. As far as records go back, the annual figures for the total number of
current employees / ex-employees (including teaching staff) 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).

A1. We keep figures by Financial Year. April till March

2006/2007 12

2007/2008 24

2008/2009 19

2009/2010 10

Q2. 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 relevant Acts and/or
DPA Subject Access requests under the relevant Acts.

A2. None, it is not a condition of any of our compromise agreements.

* Please note that these figures do not include figures for Lambeth
Schools which must be contacted separately for FOI Requests

If you are dissatisfied with the way in which your Freedom of Information
request has been dealt with you can request an internal review by
emailing: [1][Lambeth Borough Council request email] (Please quote the reference number above)
or by writing to:

Freedom of Information Officer

Legal Services

Lambeth Town Hall

Brixton Hill

Brixton

SW2 1RW

If you remain dissatisfied with the outcome of the review you have a
further right to appeal to the Information Commissioner, who regulates the
implementation of the Freedom of Information Act. The Commissioner can be
contacted at the following address:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Enquiry line: 01625 545745

Thank you for your interest in Lambeth Council.

Tracy Phillips

Information Compliance Adviser

Legal Services
Governance And Democracy
Finance And Resources Department
London Borough of Lambeth

Phone: 020 7926 7717
Fax: 020 7926 2361
Email: [2][email address]

Address: Lambeth Town Hall, Brixton Hill, London SW2 1RW

Information Requests: [3][Lambeth Borough Council request email]

Website: [4]http://www.lambeth.gov.uk

Making a difference

"This email (and/or attachment) may contain information that is legally
privileged. Please consult Legal Services if you wish to forward it to
any person outside of Lambeth Council"

Disclaimers apply for full details see
http://www.lambeth.gov.uk/EmailDisclaime...

References

Visible links
1. mailto:[Lambeth Borough Council request email]
mailto:[Lambeth Borough Council request email]
2. mailto:[email address]
3. mailto:[Lambeth Borough Council request email]
4. blocked::http://www.lambeth.gov.uk/
http://www.lambeth.gov.uk/
file:///tmp/blocked::http:/www.lambeth.gov.uk/

Phillips,Tracy, Lambeth Borough Council

Dear Paul Cardin,

Thank you for your Freedom of Information Act request reference 139103
which the Council received on 04/01/11.

Please find the information you requested below.

Q1. As far as records go back, the annual figures for the total number of
current employees / ex-employees (including teaching staff) 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).

A1. We keep figures by Financial Year. April till March

2006/2007 12

2007/2008 24

2008/2009 19

2009/2010 10

Q2. 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 relevant Acts and/or
DPA Subject Access requests under the relevant Acts.

A2. None, it is not a condition of any of our compromise agreements.

* Please note that these figures do not include figures for Lambeth
Schools which must be contacted separately for FOI Requests

If you are dissatisfied with the way in which your Freedom of Information
request has been dealt with you can request an internal review by
emailing: [1][Lambeth Borough Council request email] (Please quote the reference number above)
or by writing to:

Freedom of Information Officer

Legal Services

Lambeth Town Hall

Brixton Hill

Brixton

SW2 1RW

If you remain dissatisfied with the outcome of the review you have a
further right to appeal to the Information Commissioner, who regulates the
implementation of the Freedom of Information Act. The Commissioner can be
contacted at the following address:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Enquiry line: 01625 545745

Thank you for your interest in Lambeth Council.

Tracy Phillips

Information Compliance Adviser

Legal Services
Governance And Democracy
Finance And Resources Department
London Borough of Lambeth

Phone: 020 7926 7717
Fax: 020 7926 2361
Email: [2][email address]

Address: Lambeth Town Hall, Brixton Hill, London SW2 1RW

Information Requests: [3][Lambeth Borough Council request email]

Website: [4]http://www.lambeth.gov.uk

Making a difference

"This email (and/or attachment) may contain information that is legally
privileged. Please consult Legal Services if you wish to forward it to
any person outside of Lambeth Council"

Disclaimers apply for full details see
http://www.lambeth.gov.uk/EmailDisclaime...

References

Visible links
1. mailto:[Lambeth Borough Council request email]
mailto:[Lambeth Borough Council request email]
2. mailto:[email address]
3. mailto:[Lambeth Borough Council request email]
4. blocked::http://www.lambeth.gov.uk/
http://www.lambeth.gov.uk/
file:///tmp/blocked::http:/www.lambeth.gov.uk/

Dear Tracy,

Thanks very much for your response.

I am currently involved in research in this area and I appreciate your full and detailed reply. My research is initially aimed at highlighting compromise agreements drawn up as a means of terminating the working contract.

Because your figures look 'on the large side', can I request the following modification?

Please can you exclude compromise agreements drawn up in the
following circumstances:

1. Purely redundancy situations
2. Purely PILON (payment in lieu of notice) situations
3. Equal pay claims
4. TUPE situations
5. COT3 agreements (where tribunal proceedings may or may not have
been initiated)

It may assist if you query your Accounts Department, because when employees leave in the circumstances I am describing,
they are offered a financial incentive to end their working
contracts and not make legal approaches to the Council in the
future. Your Accounts department is required to keep a detailed
electronic record of all such payments. As they will be keeping an
adequate data storage / retrieval system, it should be relatively straightforward to provide Annual total figures for
compromise agreements drawn up in these circumstances.

You could also put in a call to your Legal Department who may keep
a similar searchable database.

I hope the above information assists you, and look forward to your response,

Yours sincerely,

Paul Cardin

Phillips,Tracy, Lambeth Borough Council

Dear Paul Cardin,

FOI Acknowledgement

Thank you for your FOI Request reference 140246.

I recognise this relates to your previous request and subsequent response
FOI 139103, however, I regret to inform you that I am treating this as a
new request.

Please quote this reference in any further correspondence pertaining to
this request. The Council anticipates responding within the statutory
period of 20 working days following the date of receipt; in this case the
due date is 28/02/11.

Please note that our preferred email address to receive Freedom of
Information requests is [1][Lambeth Borough Council request email]

Thank you for your interest in Lambeth Council.

Tracy Phillips

Information Compliance Adviser

Legal Services

Governance And Democracy

Finance And Resources Department

London Borough of Lambeth

Phone: 020 7926 7717

Fax: 020 7926 2361

Email: [email address]

Address: Lambeth Town Hall, Brixton Hill, London SW2 1RW

Information Requests: [Lambeth Borough Council request email]

Website: http://www.lambeth.gov.uk

Making a difference

"This email (and/or attachment) may contain information that is legally
privileged. Please consult Legal Services if you wish to forward it to
any person outside of Lambeth Council"

show quoted sections

Phillips,Tracy, Lambeth Borough Council

Refusal notice s17 Freedom of Information Act (FOIA)

S12(1) - Costs limit (FOIA)

Dear Paul Cardin

Thank you for your request for information reference 140246.

You asked for:-

As per a previous FOI Response 139103

Please can you exclude compromise agreements drawn up in the following
circumstances:

    

     1. Purely redundancy situations

     2. Purely PILON (payment in lieu of notice) situations

     3. Equal pay claims

     4. TUPE situations

     5. COT3 agreements (where tribunal proceedings may or may
not have

     been initiated)

This request is being handled under the Freedom of Information Act 2000
(FOIA).

From our preliminary assessment, we estimate that compliance with your
request would exceed the appropriate costs limit under section 12 of the
Freedom of information Act 2000. This is currently £450.

Section 12 (1)(1) does not oblige a public authority to comply with a
request for information if the authority estimates that the cost of
complying with the request would exceed the appropriate limit

If you are dissatisfied with the way in which your Freedom of Information
request has been dealt with you can request an internal review by
emailing: [1][Lambeth Borough Council request email] (Please quote the reference number above)
or by writing to:

Freedom of Information Officer

Legal Services

Lambeth Town Hall

Brixton Hill

Brixton

SW2 1RW

If you remain dissatisfied with the outcome of the review you have a
further right to appeal to the Information Commissioner, who regulates the
implementation of the Freedom of Information Act. The Commissioner can be
contacted at the following address:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Enquiry line: 0303 123 1113

Thank you for your interest in Lambeth Council.

Tracy Phillips

Information Compliance Advisor

Legal Services
Governance And Democracy
Finance And Resources Department
London Borough of Lambeth

Phone: 020 7926 7717
Fax: 020 7926 2361
Email: [2][email address]

Address: Lambeth Town Hall, Brixton Hill, London SW2 1RW

Information Requests: [3][Lambeth Borough Council request email]

Website: [4]http://www.lambeth.gov.uk

Making a difference

"This email (and/or attachment) may contain information that is legally
privileged. Please consult Legal Services if you wish to forward it to
any person outside of Lambeth Council"

Disclaimers apply for full details see
http://www.lambeth.gov.uk/EmailDisclaime...

show quoted sections

Dear Lambeth Borough Council,

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

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

The figures enclosed in your initial response looked a little on
the high side, so I reduced the scope in good faith, however the
response to this was a sort of 'slamming down of the shutters' with
not much of an attempt made to explain the situation.

It was a kind of 'robotic' response that a machine could have been
programmed to make, and doesn't compare very well with the full and
positive response I've received to date from hundreds of your LGA
colleagues in other English councils.

Your decision not to release the information is unique for a number
of reasons:

1. A large number of councils who returned a similar 'costs'
exemption response were, like yourself, offered a subsequent
reduction in the scope of the initial request. These councils went
on to reconsider before proceeding with a full and detailed answer.
Whereas you have insisted on a refusal.

2. You haven't bothered to explain what processes you have been
through to arrive at your decision, whereas I've been careful to
try and guide you through channels which may come up with a
cost-effective method of reaching a solution - response? I drew a
"BLANK".

3. Strangely, you reached a manageable total, but were not able to
break this down by excluding the areas I specified. Frankly it's
very hard to believe that this could not have been achieved for
less than £450. You didn't bother to explain to the public your
thought processes - which is extremely frustrating.

Please take into account all the information I have submitted to
date. To give you a picture of the wider context here, this request
has been made to ALL English Councils above a certain size. To
date, since 1st January 2011, 238 (two hundred and thirty eight)
councils have responded positively and in full. We have had eleven
years of FOI and I would have hoped that your council would have
been working towards an effective data storage / retrieval system
that works with the public interest in mind. You have not advised
me of any plans to do so and appear to be happy to continue
maintaining an unresponsive system.

It is not right that the public suffers and obstacles are placed in
the way of their information because you are persevering with the
upkeep of a cumbersome data storage system. Particularly in light
of the positive response from hundreds of your LGA colleagues.1st
January 2011, by 208 local authorities.

I don't think that your possession and maintenance of a cumbersome,
inadequate method of storing and retrieving information is an
adequate justification for refusal.

I also believe that the public interest in releasing this
information outweighs the public interest in not releasing it -
regardless of the costs involved. Costs which seem to be occasioned
by the detrimental (to the public) effect of your own inadequate
systems.

Thanks for addressing the second question regarding FOI / DPA
"gagging clauses" however, I'd like you to reconsider and re-advise
as soon as possible.

I'm not asking for anything NEW so I'd very much appreciate it if
you didn't avail yourselves of another 20 working days' grace.

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, Lambeth Borough Council

FOI Internal Review Request Acknowledgement

FOI Request reference 140246.

Please quote this reference in any further correspondence pertaining to
this Internal Review request.  The Council anticipates responding
within the statutory period of 20 working days following the date of
receipt; in this case the due date is 29/03/11.

Please note that our preferred email address to receive Freedom of
Information requests is [Lambeth Borough Council request email]

Thank you for your interest in Lambeth Council.

Tracy Phillips

Information Compliance Advisor

Legal Services

Governance And Democracy

Finance And Resources Department

London Borough of Lambeth

Phone:    020 7926 7717

Fax:       020 7926 2361

Email:     [email address]

Address:  Lambeth Town Hall, Brixton Hill, London SW2 1RW

 

Information Requests: [Lambeth Borough Council request email]

Website:  http://www.lambeth.gov.uk

 

Making a difference

"This email (and/or attachment) may contain information that is legally
privileged.  Please consult Legal Services if you wish to forward it to
any person outside of Lambeth Council"

show quoted sections

Phillips,Tracy, Lambeth Borough Council

Dear Paul Cardin,

Following your request for an internal review, please find below the
figures that pertain to your request which you helpfully narrowed down.

2006/2007 - 2

2007/2008 - 4

2008/2009 - 7

2009/2010 - 6

If you remain dissatisfied with the outcome of the review you have a
further right to appeal to the Information Commissioner, who regulates the
implementation of the Freedom of Information Act. The Commissioner can be
contacted at the following address:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Enquiry line: 0303 123 1113

Thank you for your interest in Lambeth Council.

Tracy Phillips

Information Compliance Advisor

Legal Services
Governance And Democracy
Finance And Resources Department
London Borough of Lambeth

Phone: 020 7926 7717
Fax: 020 7926 2361
Email: [1][email address]

Address: Lambeth Town Hall, Brixton Hill, London SW2 1RW

Information Requests: [2][Lambeth Borough Council request email]

Website: [3]http://www.lambeth.gov.uk

Making a difference

"This email (and/or attachment) may contain information that is legally
privileged. Please consult Legal Services if you wish to forward it to
any person outside of Lambeth Council"

show quoted sections

Paul Cardin left an annotation ()

Lambeth Borough Council were one of the slowest respondents of the 345 councils asked, taking 50 working days (well over twice 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