Total Annual Figures for Compromise Agreements, etc.

Paul Cardin made this Freedom of Information request to North West Leicestershire 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 North West Leicestershire District Council,

Please supply Annual totals for the following:

As far as records go back, the annual figures for the total
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 (including teaching staff) 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

FOI, North West Leicestershire District Council

1 Attachment

Ref No:PPHR081

07 January 2011

Dear Mt Cardin

Thank you for your email of 05 January 2011 requesting information about
Compromise Agreements.

Your request is being dealt with under the terms of the Freedom of
Information Act 2000 and will be answered within twenty working days.

If you have any queries about this request do not hesitate to contact me.
Please remember to quote the reference number above in any future
communications.

Yours sincerely,

Sue Wright

Information Management Officer

Corporate, Legal & Democratic Services

Freedom Of Information

NW Leicestershire District Council

Whitwick Road

Coalville

Leicestershire

LE67 3FJ

Email: [1][email address]

Tel: 01530 454721

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FOI, North West Leicestershire District Council

1 Attachment

  • Attachment

    PPHR081 Freedom of Information Response Information Requested.bin

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Dear FOI,

Thanks for your response, however it came through completely garbled.

Please could you seek to supply the information in a common format such as .doc or .pdf?

many thanks in advance,

Yours sincerely,

Paul Cardin

FOI, North West Leicestershire District Council

I have sent the email now in 'plain text' format, please let me know if this readable for you.

Ref No: PPHR081

20 January 2011

Dear Mr Cardin

Thank you for your email of 05 January 2011 where you requested information about Compromise Agreements as follows:
Please supply Annual totals for the following:

1. As far as records go back, the annual figures for the total 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) / whistle blowing incident(s).

2. In addition to this, annual figures for the number of current employees / ex-employees (including teaching staff) 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.

The information you requested is enclosed.

1. There have been 25 compromise agreements since 2005 to date. These were made as a result of organisational and management restructuring.

These costs include Pay in Lieu of notice, redundancy payments and holiday pay.

2005/6 3 compromise agreements
2006/7 17 compromise agreements
2007/8 2 compromise agreements
2008/9 1 compromise agreement
2009/10 2 compromise agreements

2. There is no agreement to sign and forgo the right to approach the council in the future with Freedom of Information and/or DPA Subject Access requests under the relevant Acts.

The information supplied to you continues to be protected by copyright. You are free to use it for your own purposes, including for private study and non-commercial research, and for any other purpose authorised by an exception in current copyright law. Documents (except photographs) can be also used in the UK without requiring permission for the purposes of news reporting. Any other reuse, for example commercial publication, would require the permission of the copyright holder.

Most documents supplied by NW Leicestershire District Council will have been produced within government and will be Crown Copyright. For information about re-using Crown Copyright see the Office of Public Sector Information website at www.opsi.gov.uk. The copyright in some documents may rest with a third party. For information about obtaining permission from a third party see the Intellectual Property Office’s website at www.ipo.gov.uk.

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to:

Jane Cotton
Legal Services Manager
Freedom Of Information
NW Leicestershire District Council
Whitwick Road
Coalville
Leicestershire
LE67 3FJ

Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Yours sincerely,

Sue Wright
Information Management Officer

Corporate, Legal & Democratic Services
Freedom Of Information
NW Leicestershire District Council
Whitwick Road
Coalville
Leicestershire
LE67 3FJ

Email: [email address]
Tel: 01530 454721

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Dear FOI,

Thanks very much for your response. My research is restricted to compromise agreements which usually involve the employee agreeing to terminate their employment contract and leave with a reference.

Please could you clarify further - and exclude the following:

1. PILON (Pay in Lieu of Notice) compromise agreements
2. Holiday pay compromise agreements
3. Purely Redundancy compromise agreements
4. Equal pay claim compromise agreements
5. COT3 related agreements (where tribunal proceedings may or may not have been initiated)
6. TUPE related compromise agreements

I am hopeful that now you have provided a certain number, it will be relatively straightforward to achieve this,

Yours sincerely,

Paul Cardin

FOI, North West Leicestershire District Council

Dear Mr Cardin

I have the figures of the complete settlements, but have gone back to the appropriate department for the breakdowns. I apologise now if this will cause a delay.

Sue Wright
Information Management Officer

Corporate, Legal & Democratic Services
Freedom Of Information
NW Leicestershire District Council
Whitwick Road
Coalville
Leicestershire
LE67 3FJ

Email: [email address]
Tel: 01530 454721

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Dear FOI,

Thanks for your help on this and I look forward to your response,

Yours sincerely,

Paul Cardin

Dear North West Leicestershire District Council,

Any news on this request please, as we're now well into March?

Yours faithfully,

Paul Cardin

FOI, North West Leicestershire District Council

Dear Mr Cardin

I really must apologise, I have been chasing on a weekly basis for the breakdown you asked for. I was then on annual leave and have just returned. I will make an appointment to see our HR department tomorrow and see if I can get an answer for you. If I have no joy there, I will try another department.

Apologies again I know HR feel they have given you an answer from the figures already given.

Regards

Sue Wright
Information Management Officer

Corporate, Legal & Democratic Services
Freedom Of Information
NW Leicestershire District Council
Whitwick Road
Coalville
Leicestershire
LE67 3FJ

Email: [email address]
Tel: 01530 454721

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FOI, North West Leicestershire District Council

Dear Mr Cardin

I have the following information and have asked for a breakdown, as yet I have no response, please accept my apologies but I thought it best to let you know some information.

2005/6 3 compromise agreements £87,943
2006/7 17 compromise agreements £309,293
2007/8 2 compromise agreements £102,761
2008/9 1 compromise agreement £28,171
2009/10 2 compromise agreements £3,000

These costs include Pay in Lieu of notice, redundancy payments and holiday pay.

Regards

Sue Wright
Information Management Officer

Corporate, Legal & Democratic Services
Freedom Of Information
NW Leicestershire District Council
Whitwick Road
Coalville
Leicestershire
LE67 3FJ

Email: [email address]
Tel: 01530 454721

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Dear FOI,

Thanks for the response, however I asked you to EXCLUDE those areas, PILON, redundancy, etc.

Please check the email dated 11th January which reduced the scope of the request again. The purpose of this request is to isolate those agreements which were drawn up in very particular circumstances.

Thanks in advance,

Yours sincerely,

Paul Cardin

FOI, North West Leicestershire District Council

Dear Mr Cardin

I have on numerous occasions approached the department that holds this information and asked for the figures to exclude the data you mentioned. As yet I have had no response. I am wondering if it may be wiser to open another FOI request with different wording?

Apologies for the delays caused.

Sue Wright
Information Management Officer

Corporate, Legal & Democratic Services
Freedom Of Information
NW Leicestershire District Council
Whitwick Road
Coalville
Leicestershire
LE67 3FJ

Email: [email address]
Tel: 01530 454721

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Dear FOI,

Apologies. My last email gave you the wrong date.

The message sent on 20th January reduced the scope of the request in good faith, with the intention of making the task easier.

To date, since 1st January 2011, 277 English Councils have responded positively and in full. I'm doing everything I can to make progress easier, however your internal department appears to be placing an unnecessary obstacle in the way.

I'd appreciate it very much if you advised them that their delaying behaviour / negligence will cause this request to be elevated to an internal review and then on to the Information Commissioner if they persist.

Can you advise them that we are now well over 50 working days with this request?

Yours sincerely,

Paul Cardin

FOI, North West Leicestershire District Council

Dear Mr Cardin

I have now received the information.

Here are the figures with all the exclusions as requested, the figures that are left for each year when all of the exclusions (redundancy, pilon etc) are removed are shown below:-

2005/6 - £2345
2006/7 - £73,806
2007/8 - £29,367
2008/9 - no info as 1 agreement
2009/10 - £3,000

Kind regards

Sue Wright
Information Management Officer

Corporate, Legal & Democratic Services
Freedom Of Information
NW Leicestershire District Council
Whitwick Road
Coalville
Leicestershire
LE67 3FJ

Email: [email address]
Tel: 01530 454721

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Dear FOI,

Thanks for the response.

However, this time you've removed the 'total number per year' figure - which is what I've been requesting all along. I never asked for monetary totals.

I'd appreciate it if you could let me know the annual totals.

Thanks in advance,

Yours sincerely,

Paul Cardin

FOI, North West Leicestershire District Council

Dear Mr Cardin

Please find the following information, I think we are confused over what information you require but I hope the following answers you question.

2005/6 3 compromise agreements £2345
2006/7 17 compromise agreements £73,806
2007/8 2 compromise agreements £29,367
2008/9 1 compromise agreement No Information
2009/10 2 compromise agreements £3,000

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Dear FOI,

Hi. I'm sorry that this has proved to be SO difficult. You have now declared the SAME figures as the ones which mistakenly 'included' the areas I asked you to EXCLUDE.

So, I've no idea what I'm looking at, and how accurate it is. But I'll accept your word that these totals do exclude the areas I asked you to exclude in the first place,

Yours sincerely,

Paul Cardin

FOI, North West Leicestershire District Council

Dear Mr Cardin

Please find below the totals with excluded and inclusive amounts, the inclusive amounts being the first figures sent to you and the excluded sent recently. I hope this makes the information clearer. If we have interpreted your request incorrectly, please advise what type of information you were expecting to see.

2005/6 - 3 compromise agreements - £2345 (Excluded) - £87,943 (Inclusive)
2006/7 - 17 compromise agreements - £73,806 (Excluded)- £309,293 (Inclusive)
2007/8 - 2 compromise agreements - £29,367 (Excluded)- £102,761 (Inclusive)
2008/9 - 1 compromise agreement - No Information - £28,171 (Inclusive)
2009/10 - 2 compromise agreements - £3,000 (Excluded) - £3,000 (Inclusive)

Kind regards

Sue Wright
Information Management Officer

Corporate, Legal & Democratic Services
Freedom Of Information
NW Leicestershire District Council
Whitwick Road
Coalville
Leicestershire
LE67 3FJ

Email:[email address]
Tel: 01530 454721

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Paul Cardin left an annotation ()

North West Leicestershire District Council were one of the slowest respondents of the 345 councils asked, taking 61 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