Total Annual Figures for Compromise Agreements, etc.

Paul Cardin made this Freedom of Information request to Blackburn with Darwen Borough Council

The request was successful.

Paul Cardin

Dear Blackburn with Darwen Borough Council,

Please supply totals for the following:

Since the inception of Blackburn with Darwen Borough Council, or as far as records go back, the annual figures for the total number of current employees or ex-employees of Blackburn with Darwen 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 the body acting as Blackburn with Darwen 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

Accesstoinformation, Blackburn with Darwen Borough Council

Deal Paul,

Thank you for your request for information regarding compromise
agreements by Blackburn with Darwen Borough Council. Your request was
received on 4th January 2011 and I am dealing with it under the terms of
the Freedom of Information Act 2000.

In some circumstances a fee may be payable and if that is the case, I
will let you know. A fees notice will be issued to you, and you will be
required to pay before we will proceed to deal with your request.

If you have any queries about this email, please contact Sue Smith or
Jonathan Pickup on telephone number 01254 585582. Alternatively, our
email address is [Blackburn with Darwen Borough Council request email]. Please remember
to quote the reference number above in any future communications.

Jonathan Pickup
Information Governance Officer, BT&IT

G Floor, Tower Block
Blackburn Town Hall
Blackburn
BB1 7DY

Tel: 01254 58 5852
Email: [email address]

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Pickup Jonathan, Blackburn with Darwen Borough Council

1 Attachment

Dear Paul,

Thank you for your request for information regarding compromise
agreements; please see our response below. If you have any queries
relating to this request then please do not hesitate to contact me.

Should you require further information please contact me. The
information supplied to you continues to be protected by the Copyright,
Designs and Patents Act 1988. You are free to use it for your own
purposes, including any non-commercial research you are doing and 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 the Council will have been produced by government
officials and will be Crown Copyright. You can find details on the
arrangements for re-using Crown Copyright on HMSOnline at:

http://www.hmso.gov.uk/copyright/licence...

Information you receive which is not subject to Crown Copyright
continues to be protected by the copyright of the person, or
organisation, from which the information originated. You must ensure
that you gain their permission before reproducing any third party (non
Crown Copyright) information. If you are unhappy with the service you
have received in relation to your request and wish to make a complaint
or request a review of our decision, you should write to:

Susan Smith, Information Governance Manager, Information Governance,
Blackburn with Darwen Borough Council, G Floor, Town Hall, Blackburn,
Lancashire, BB1 7DY

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision. Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Council. The Information Commissioner can be
contacted at: The Information Commissioner's Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire SK9 5AF.

Please find attached our 'have your say' feedback policy.

Total number of current employees or ex-employees of Blackburn with
Darwen Borough Council who have signed compromise agreements:

2006 0
2007 3
2008 5
2009 5
2010 11

*The figures do not include any COT3 payments as a result of pay & job
evaluation.

The compromise agreements do not refer to any limitations to making Data
Protection or FOI requests. We do not hold any accurate data further
back than 5 years due to the recording procedure.

Regards,

Jonathan Pickup
Information Governance Officer, BT&IT

G Floor, Tower Block
Blackburn Town Hall
Blackburn
BB1 7DY

Tel: 01254 58 5852
Email: [email address]

show quoted sections

Paul Cardin

Dear Jonathan,

Many thanks,

Yours sincerely,

Paul Cardin

Paul Cardin left an annotation ()

Blackburn with Darwen Borough Council were one of the quickest respondents of the 345 councils asked, taking only 8 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.

Link to this

Paul Cardin left an annotation ()

Update here on Freedom of Information gagging clauses, including the opinion of senior counsel, Hugh Tomlinson QC:

http://easyvirtualassistance.wordpress.c...

Link to this

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