Total Annual Figures for Compromise Agreements, etc.

Paul Cardin made this Freedom of Information request to Selby District 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 Selby District 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 Selby District 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
5. Purely voluntary severance 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

kirsty rowe, Selby District Council

Dear Mr Cardin

I didn't receive your last FOI request. Could you please send me the
details and I will acknowledge receipt and forward the request to the
relevant officer for a response within 20 working days.

Your sincerely

Kirsty Rowe

Central Services Supervisor

SELBY DISTRICT COUNCIL
An 'Excellent' Council

Tel 01757 292029
Fax 01757 292176
Email krowe[1]@selby.gov.uk
Web [2]www.selby.gov.uk

The information in this e-mail, and any attachments, is confidential and
may be subject to legal professional privilege. It is intended solely for
the attention and use of the named addressee(s). Its contents do not
necessarily represent the views or opinions of Selby District Council. If
you are not the intended recipient please notify the sender immediately.
Unless you are the intended recipient, or his/her representative, you are
not authorised to, and must not, read, copy, distribute, use or retain
this message or any part of it.

References

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mailto:[email address]
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mailto:[email address]
mailto:[email address]
mailto:[email address]
2. blocked::blocked::http://www.selby.gov.uk/
blocked::http://www.selby.gov.uk/
http://www.selby.gov.uk/
http://www.selby.gov.uk/

Dear kirsty rowe,

Many thanks for your response.

Here are both requests, reproduced for your convenience:

(7th January 2011) Dear Selby District 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,

(5th February 2011) Dear Selby District 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
5. Purely voluntary severance 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,

Many thanks in advance. Please note that the second message reduces the scope of the request significantly. Please could you check your junk mail folders, as the original message may have ended up being overlooked or deleted inadvertently,

Yours sincerely,

Paul Cardin

kirsty rowe, Selby District Council

1 Attachment

stuart pashley, Selby District Council

Dear Mr Cardin,

I refer to your recent Freedom of Information request regarding compromise
agreements.

I can confirm the number of compromise agreements, broken down by year,
are as follows:

2005 1

2006 0

2007 2

2008 1

2009 1

2010 1

I can also confirm that none of the compromise agreements stated that the
employee had to forgo their right to approach the council in the future
with Freedom of Information and/or DPA Subject Access requests.

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 the Solicitor to the Council at the address at the
bottom of this email.

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

Kind regards,

Stuart

Stuart Pashley
Human Resources Assistant

SELBY DISTRICT COUNCIL
An 'Excellent' Council

Tel 01757 292010
Fax 01757 292317
Email [1][email address]
Web [2]www.selby.gov.uk

The information in this e-mail, and any attachments, is confidential and
may be subject to legal professional privilege. It is intended solely for
the attention and use of the named addressee(s). Its contents do not
necessarily represent the views or opinions of Selby District Council. If
you are not the intended recipient please notify the sender immediately.
Unless you are the intended recipient, or his/her representative, you are
not authorised to, and must not, read, copy, distribute, use or retain
this message or any part of it.

Selby District Council, Civic Centre, Portholme Road, Selby, North
Yorkshire, YO8 4SB - DX 27408 Selby

References

Visible links
1. mailto:[email address]
mailto:[email address]
2. http://www.selby.gov.uk/
file:///tmp/blocked::http:/www.selby.gov.uk/

Paul Cardin left an annotation ()

Selby District Council were one of the slower respondents of the 345 councils asked, taking 40 working days (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