Total Annual Figures for Compromise Agreements, etc.

Paul Cardin made this Freedom of Information request to Reigate and Banstead Borough Council

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The request was successful.

Dear Reigate & Banstead Borough 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

Customer Services, Reigate and Banstead Borough Council

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Dear Reigate & Banstead Borough 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

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Customer Services, Reigate and Banstead Borough Council

Dear Mr Cardin,

Thank you for your email, which has been forwarded to our Freedom Of
Information officer for investigation and response.

Please do not hesitate to contact us should you have any further
enquiries.

Yours sincerely,

Matthew Pendlebury

Customer Services Adviser
Reply to : [Reigate & Banstead Borough Council request email]
Telephone Help Line : 01737 276000

>>> Paul Cardin <[FOI #57135 email]> 06/01/2011
22:30 >>>
Dear Reigate & Banstead Borough 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

show quoted sections

Information Officer Information Officer, Reigate and Banstead Borough Council

Thank you for your request for information. It was received on 6 January
2011 and I am dealing with it under the terms of the Freedom of
Information Act 2000.

Yours sincerely

Fiona Cullen
Web & Information Manager

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Information Officer Information Officer, Reigate and Banstead Borough Council

Dear Mr Cardin

Further to your information request of 6 January, please find the
Council's response below:

1) 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).

2005 - 1
2006 - 0
2007 - 0
2008 - 2
2009 - 2
2010 - 4
2011 - 0 to date

2) 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.

None

Yours sincerely
Fona Cullen
Web & Information Manager

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Dear Information Officer Information Officer,

Many thanks,

Yours sincerely,

Paul Cardin

Paul Cardin left an annotation ()

Reigate & Banstead Borough 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 ()

Here’s a piece of legal opinion from Senior Counsel Hugh Tomlinson QC, which appears to make more likely the prospect of public sector employers opting for Freedom of Information and Data Protection “gagging clauses” within compromise agreements; and thereby aiming to remove persons’ statutory rights to make data and information requests.

It has been an effective reputation management tactic, and a way of concealing the historical malpractice engaged in by employers when targetting whistleblowers or getting rid of people who’ve lodged grievances. The ruse has been deployed in the past by two councils; Cheshire West & Chester, and Brent.

The ICO are powerless to prevent it as the HT opinion implies that contract law takes precedence over a person’s statutory rights – which it appears can be surrendered. The ICO could only act if the recipient of any “ban” were to breach it and make an FoI or DP request of the relevant data controller – which is unlikely to occur because there’s always a “club over the head” of the signatory to the compromise agreement i.e. the threat of any monetary pay off being clawed back through the courts.

http://tinyurl.com/bu9vynx