Total Annual Figures for Compromise Agreements, etc.

Paul Cardin made this Freedom of Information request to Bexley 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 partially successful.

Dear Bexley Borough Council,

Please supply totals for the following:

Since the inception of Bexley Borough Council, or as far as records go back, the annual figures for the total number of current employees or ex-employees of Bexley Borough 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 Bexley Borough Council's legal team, to 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

Freedom of Information, Bexley Borough Council

Dear Paul Cardin,

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST
Total Annual Figures for Compromise Agreements - Bexley - our reference 11/002

I acknowledge your request for information received on 4th January 2011.

Your request is being considered and you will receive the information requested within the statutory timescale of 20 working days as defined by the Freedom of Information Act 2000, subject to the information not being exempt or containing a reference to a third party.

For your information, the Act defines a number of exemptions, which may prevent release of the information you have requested. There will be an assessment and if any of the exemption categories apply then the information will not be released. You will be informed if this is the case, including your rights of appeal.

If the information you request contains reference to a third party then they may be consulted prior to a decision being taken on whether or not to release the information to you. You will be informed if this is the case.

There may a fee payable for this information. This will be considered and you will be informed if a fee is payable. In this event the fee must be paid before the information is processed and released. The 20 working day time limit for responses is suspended until receipt of the payment.

If you have any queries or concerns then please contact the Local Studies Librarian and Freedom of Information Officer, Bexley Local Studies and Archive Centre, Central Library, Townley Road, Bexleyheath, Kent DA6 7HJ.

Further information is also available from the Information Commissioner at: Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
www.ico.gov.uk

Yours sincerely,

John Grosvenor
Local Studies Librarian and Freedom of Information Officer
London Borough of Bexley
Local Studies and Archive Centre,
Townley Road,
Bexleyheath,
Kent. DA6 7HJ
Tel: 020 8303 7777 ext 3369
DDI 020 8836 7369
Fax: 020 8304 7058
[email address]

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Dear Freedom of Information,

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.

Yours sincerely,

Paul Cardin

Freedom of Information, Bexley Borough Council

Dear Paul Cardin,

My apologies on behalf of the London Borough of Bexley for the delay in providing a response to your Freedom of Information request. The authority should respond within 20 working days after receipt of the request. I have chased up the response on your behalf already and I will forward your message below today.

Yours sincerely,

John Grosvenor
Local Studies Librarian and Freedom of Information Officer
London Borough of Bexley
Local Studies and Archive Centre,
Townley Road,
Bexleyheath,
Kent. DA6 7HJ
Tel: 020 8303 7777 ext 3369
DDI 020 8836 7369
Fax: 020 8304 7058
[email address]

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Dear Freedom of Information,

Hi. 'Today' has turned into a whole month!!

Please can you respond with the full details and thereby give some reassurance that this request has been treated with the appropriate urgency and I have not been 'fobbed off',

Yours sincerely,

Paul Cardin

Freedom of Information, Bexley Borough Council

Thank you for emailing the London Borough of Bexley with your request for
information.

This is an automated acknowledgement of your request.

We will respond to you as soon as possible, and will endeavour to respond
in full within 20 working days.

If you need help or assistance with your request for information, please
contact the Local Studies Librarian and Freedom of Information Officer on
telephone 020 8836 7369 during office hours.

Yours sincerely,

The FOI team

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Dear Freedom of Information,

....and please don't avail yourselves of another 20 working days' grace!!

Yours sincerely,

Paul Cardin

Freedom of Information, Bexley Borough Council

Thank you for emailing the London Borough of Bexley with your request for
information.

This is an automated acknowledgement of your request.

We will respond to you as soon as possible, and will endeavour to respond
in full within 20 working days.

If you need help or assistance with your request for information, please
contact the Local Studies Librarian and Freedom of Information Officer on
telephone 020 8836 7369 during office hours.

Yours sincerely,

The FOI team

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Freedom of Information, Bexley Borough Council

Dear Paul Cardin,

Thank you for your email last night regarding a response expected from the London Borough of Bexley. Again, my apologies on behalf of the London Borough of Bexley for the delay. The response has been chased today.

My further apologies for the automatic acknolwedgement system, which is designed to reassure new enquirers that their correspondence has been received. The system in place is triggered whenever a message is received.

Thank you for your patience.

Yours sincerely,

John Grosvenor
Local Studies Librarian and Freedom of Information Officer
London Borough of Bexley
Local Studies and Archive Centre,
Townley Road,
Bexleyheath,
Kent. DA6 7HJ
Tel: 020 8303 7777 ext 3369
DDI 020 8836 7369
Fax: 020 8304 7058
[email address]

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Mogg, Trevor, Bexley Borough Council

Dear Mr Cardin

Thank you for your freedom of information request concerning compromise
agreements and please accept our apologies for the delay in replying.

Your request has been considered and our response is shown below.

Based on your clarified request the information you require is as follows

2007/8 1
2008/9 13
2009/10 11
2010/11 1

These figures have been extracted from our payroll system, prior to late
2007/8 our "reason for leaving field" within our payroll system did not
show compromise agreement as a reason for leaving. We are therefore unable
to provide information prior to this date.

If you are dissatisfied with the handling of your request please contact
the FOI Review Officer by email to [Bexley Borough Council request email]

You can also complain to the Information Commissioner at:

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF

Telephone: 0303 123 1113

Website: [1]www.ico.gov.uk

Yours sincerely

Trevor Mogg
Procurement Manager
London Borough of Bexley
[2][email address]
Direct dial 0203 045 5130

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Dear Mogg, Trevor,

Thanks for your response.

Please could you address the second part of the original request 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 Bexley Borough Council's legal team, to forgo their
right to approach the council in the future with Freedom of
Information and/or DPA Subject Access requests under the relevant
Acts."

many thanks in advance,

Yours sincerely,

Paul Cardin

Paul Cardin left an annotation ()

Bexley Borough Council were one of the slowest respondents of the 345 councils asked, taking 48 working days (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