Total Annual Figures for Compromise Agreements, etc.

Paul Cardin made this Freedom of Information request to Rotherham Metropolitan 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 Rotherham 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

FreedomofInformation, Rotherham Metropolitan Borough Council

Dear Mr Cardin

I acknowledge receipt of your request for information in relation to
compromise agreements.

We will process this as soon as possible and let you have our response
within 20 working days.

Yours sincerely

Christine Hotson
Access to Information Officer
Legal and Democratic Services
Chief Executive's Directorate
Rotherham Metropolitan Borough Council

Tel: 01709 823676 Fax: 01709 823798
Internal from old: 7423676
Internal from new: 23676
Email: [1][email address]
Visit our website: [2]http://www.rotherham.gov.uk
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2. http://www.rotherham.gov.uk/

FreedomofInformation, Rotherham Metropolitan Borough Council

Dear Mr Cardin,

I refer to your request for information received on 6^th January relating
to compromise agreements.

You requested:

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.

We have assessed the cost of providing the information you have
requested. To retrieve these details would involve a manual trawl through
in excess of 1000 files and this exercise would exceed the maximum cost as
detailed in the Freedom of Information and Data Protection (Appropriate
Limit and Fees) Regulations 2004. We regret, therefore, that we are
unable to provide the information you have requested.

However, if you are able to narrow down your request, for example to more
specific circumstances and shorter time period, we will be happy to
reconsider this.

In accordance with the procedures of Rotherham Metropolitan Borough
Council (RMBC), I am advising you that the cost to the authority in
handling this request so far has been £51.00 which reflects the staff
time and administration costs involved. RMBC however does not currently
make any charge to customers for processing Freedom of Information Act
requests.

If you are not satisfied with this response you have the right to an
internal review by the Council.  Please contact us via Sarah Corbett,
Data Protection and Information Security Officer, Legal Services, Council
Offices, Doncaster Gate, Doncaster Road, Rotherham. South Yorkshire, S65
1DJ.

If you are not satisfied with the internal review, you can appeal to the
Information Commissioner. Contact details are: Information Commissioner's
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF. Telephone
01625 545700. Alternatively go to [1]www.ico.gov.org.

Yours sincerely,

Sarah Corbett

Data Protection and Information Security Officer

Legal Services

Chief Executives Directorate     

Rotherham Metropolitan Borough Council   

Tel:  01709 823566      

Internal from old:  7423566

Internal from new:  23566           

Email:  [2][email address].uk            

Visit our website:  [3]http://www.rotherham.gov.uk

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http://www.ico.gov.org/
2. mailto:[email address]
3. http://www.rotherham.gov.uk/

Dear FreedomofInformation,

Thanks for your response,

To assist, I would like to 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.

Some late responding councils have attempted to avail themselves of another 20 working days' grace,and have justified this by claiming that the query was 'substantially altered'. However, in my case, the scope of the query is reduced - both in subject matter, and in time period covered.

To place this request into an even broader context, 181 councils have responded positively and in detail in the last 20 days.

I look forward to a full and positive response, made with the public interest at heart.

Many thanks in advance,

Yours sincerely,

Paul Cardin

FreedomofInformation, Rotherham Metropolitan Borough Council

Dear Mr Cardin

I acknowledge receipt of your request for information in relation to
compromise agreements. I note that you have reduced the detail of
information you have requested and I have passed this on to the relevant
department.

We will let you have our response as soon as possible.

Yours sincerely

Christine Hotson
Access to Information Officer
Legal and Democratic Services
Chief Executive's Directorate
Rotherham Metropolitan Borough Council

Tel: 01709 823676 Fax: 01709 823798
Internal from old: 7423676
Internal from new: 23676
Email: [1][email address]
Visit our website: [2]http://www.rotherham.gov.uk
Before printing, think about the environment

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References

Visible links
1. mailto:[email address]
2. http://www.rotherham.gov.uk/

Dear FreedomofInformation,

Hi. We're now into March and I haven't heard anything. Please could you advise on the situation?

Many thanks in advance,

Yours sincerely,

Paul Cardin

FreedomofInformation, Rotherham Metropolitan Borough Council

Dear Mr Cardin,

I have circulated your reduced request to directorates and received the
majority of responses. However, I still have one response outstanding
which I followed up on Monday (28th Feb).

I will let you have our response as soon as this outstanding information
is received.

Kind regards,
Christine Hotson
Access to Information Officer
Legal and Democratic Services
Chief Executive's Directorate
Rotherham Metropolitan Borough Council

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Dear FreedomofInformation,

Many thanks for your efforts on my behalf,

Yours sincerely,

Paul Cardin

FreedomofInformation, Rotherham Metropolitan Borough Council

Dear Mr Cardin

I refer to your request for information regarding compromise agreements
and apologise for the delay in responding. 

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.

Please find our response below.

2005/6           
-           0

2006/7           
-          
2                     

2007/8           
-          
4                     

2008/9           
-           9

2009/10         
-           11

2010/11         
-           10

           

In accordance with the procedures of Rotherham Metropolitan Borough
Council (RMBC), I am advising you that the cost to the authority in
responding to this request has been £157.00 which reflects the staff
time and administration costs involved. RMBC however does not currently
make any charge to customers for processing Freedom of Information Act
requests.

If you are not satisfied with this response you have the right to an
internal review by the Council.  Please contact us via Sarah Corbett,
Data Protection and Information Security Officer, Legal Services, Council
Offices, Doncaster Gate, Doncaster Road, Rotherham. South Yorkshire, S65
1DJ.

If you are not satisfied with the internal review, you can appeal to the
Information Commissioner.  Contact details are: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9
5AJ. Telephone 01625 545700. Alternatively go to [1]www.ico.gov.org

Yours sincerely

Christine Hotson
Access to Information Officer
Information Governance Unit

Legal Services

Chief Executive's Directorate
Rotherham Metropolitan Borough Council

Tel: 01709 823676 Fax: 01709 823798
Internal from old: 7423676
Internal from new: 23676
Email: [2][email address]
Visit our website: [3]http://www.rotherham.gov.uk

Before printing, think about the environment

show quoted sections

References

Visible links
1. http://www.ico.gov.org/
2. mailto:[email address]
3. http://www.rotherham.gov.uk/

Dear FreedomofInformation,

Many thanks for the information. However, please could you respond to the second part of the original request i.e.

"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."

many thanks in advance,

Yours sincerely,

Paul Cardin

FreedomofInformation, Rotherham Metropolitan Borough Council

Dear Mr Cardin,

Regarding your query below there have been no such agreements made.

Kind regards
Christine Hotson
Access to Information Officer

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Paul Cardin left an annotation ()

Rotherham Borough Council were one of the slowest respondents of the 345 councils asked, taking 45 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