Total Annual Figures for Compromise Agreements, etc.

Paul Cardin made this Freedom of Information request to Sefton 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 Sefton Borough Council,

Please supply Annual totals for the followig:

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

Dear Sefton Borough Council,

By law, I believe the authority should have responded promptly and
by 1st February 2011.

Although I have received no response, to assist, and as an act of good faith, 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.

Yours faithfully,

Paul Cardin

Richard Roscoe, Sefton Borough Council

Dear Mr Cardin.

I am sorry you have received no response but for some reason I have no record of having received the original request. Would you please resend me the request, including any updates and I will get a response for you. We are grateful for any clarification you can provide.

Yours sincerely,
Richard Roscoe.

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Dear Richard Roscoe,

Thanks for your response. Here is the original request:

Please supply Annual totals for the followig:

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.

Here is the refined (and reduced) second request:

By law, I believe the authority should have responded promptly and
by 1st February 2011.

Although I have received no response, to assist, and as an act of
good faith, 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.

Richard, given that you didn't receive the first request, please can you take steps to check whether some FOI approaches are going into JUNK MAIL and being inadvertently deleted?

Yours sincerely,

Paul Cardin

Richard Roscoe, Sefton Borough Council

Thanks Paul.

I can confirm that the original message was not trapped by a spam checker. I check the contents of my spam filters each morning for exactly this reason.

I am sorry that this has delatyed the response. I have passed your request on to the personnel department and they will respond.

Yours sincerely,
Richard.

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Joanne Mercer, Sefton Borough Council

Dear Mr Cardin

Your request for information has now been considered and the information requested is below. Unfortunately the information requested is not held in the way you have requested and we are only able to provide the number of compromise agreements per calendar year for the last 6 years:

2005 - 3
2006 - 10
2007 - 5
2008 - 0
2009 - 10
2010 - 9

With regards to the number of 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 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 Council does not include this provision as part of a compromise agreement.

If you have any queries or concerns then please contact me.

If you are dissatisfied with the handling of your request please contact:

Mr S Harper
Assistant Personnel Director
Personnel Department
Sefton MBC
1st Floor, Merton House
Stanley Road
Bootle, Liverpool
L20 3DL

You can also complain to the Information Commissioner at:

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

Telephone: 01625 545 700
www.informationcommissioner.gov.uk

Yours sincerely

Joanne Mercer
Senior Personnel Officer (Policy)
Sefton Council
Personnel Department
1st Floor
Stanley Road
Bootle
L20 3DL

Tel: 0151 934 3395
Fax: 0151 934 3396
email: [email address]

Please note my email address has changed

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Dear Joanne Mercer,

Thanks for your response. Just to clarify:

Does the information you provided still include compromise agreements drawn up in the situations that I asked you to exclude?

Yours sincerely,

Paul Cardin

Joanne Mercer, Sefton Borough Council

I am not in the office until Tuesday 15th March 2011. I will respond to
your email on my return. Thank you. Joanne

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Joanne Mercer, Sefton Borough Council

Mr Cardin,

I confirm that the information provided does not include the areas you asked to exclude.

Regards

Joanne Mercer

Joanne Mercer
Senior Personnel Officer (Policy)
Sefton Council
Personnel Department
1st Floor
Stanley Road
Bootle
L20 3DL

Tel: 0151 934 3395
Fax: 0151 934 3396
email: [email address]

Please note my email address has changed

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Paul Cardin left an annotation ()

Sefton Borough Council were one of the slower 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