Total Annual Figures for Compromise Agreements, etc.

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

Please supply totals for the following:

Since the inception of Boston Borough Council, or as far as records go back, the annual figures for the total number of current employees or ex-employees of Boston 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 Boston 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

info info, Boston Borough Council

1 Attachment

Boston Borough Council offices are closed from 12pm on Friday 24th
December 2010 until 8.45am on Tuesday 4th January 2011.

Your email will be responded to once the offices reopen.

Many thanks

Dear info info,

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

Although I have received no response, to assist, I would like to
'sharpen' and 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 sincerely,

Paul Cardin

Graham Watts, Boston Borough Council

1 Attachment

Dear Mr Cardin,

I have been forwarded the below email from yourself by our Customer Services Team.

I cannot find any reference to an original Freedom of Information request by yourself in relation to 'total annual figures for compromise agreements etc'. May I request that you forward the original FOI request to this email account in order that I can look to provide the information you require.

Many thanks
Graham Watts
Project Manager

(01205) 314292

show quoted sections

Dear Graham Watts,

Thanks for your response.

Here is the original email, sent on 2nd January:

Please supply totals for the following:

Since the inception of Boston Borough Council, or as far as records
go back, the annual figures for the total number of current
employees or ex-employees of Boston 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 Boston 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.

Please note that my second email reduced the scope of this both in subject matter and in time period covered.

I look forward to your response,

Yours sincerely,

Paul Cardin

FOI, Boston Borough Council

1 Attachment

Thank you for your request for information under the Freedom of Information Act 2000 dated 4 February 2011 regarding total annual figures for compromise agreements, etc.

This is to inform you that your request has been received and the Council is endeavouring to respond as promptly and fully as possible. You will receive the Council's response by 7 March 2011 at the latest. Please quote reference FOI-762-10-11 in any future correspondence.

The Council's policy is to carry out the spirit and requirements of the Freedom of Information Act in a manner which:

recognises the duty to inform as the essential principle underlying the legislation; discloses to requesters the maximum information possible which is not injurious to the public and private interests identified in the exemptions in the Act and does so in the most timely and consistent manner given the nature and scope of the request; ensures that fees permitted under the Act are kept to an absolute minimum whilst safeguarding our position as a non profit making repayment department.
The Freedom of Information Act can be found here: www.hmso.gov.uk/acts/acts2000/20000036.htm

The Council endeavours to respond in kind unless you request the information in another format. 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 I can proceed to deal with your request.

Please contact me if these conditions are unacceptable or you require further advice or assistance with your information needs.

Many thanks

Graham Watts

Project Manager
Boston Borough Council

show quoted sections

Graham Watts, Boston Borough Council

Good morning,

Thank you for your request under the Freedom of Information Act 2000,
dated 4 February 2011, which referred to compromise agreements.

The information you requested is detailed below: -

Since the inception of Boston Borough Council, or as far as records

go back, the annual figures for the total number of current

employees or ex-employees of Boston 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).

2005 - 0

2006 - 0

2007 - 1

2008 - 1

2009 - 4

2010 - 1

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 Boston 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.

2005 - 0

2006 - 0

2007 - 0

2008 - 0

2009 - 0

2010 - 0

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 contact:

Miss Cherilyn Black, Head of Revenues, Benefits and Customer Services on
01205 314410 or by email at [email address]

If you remain dissatisfied with the handling of your request or complaint,
you have a right to appeal to the Information Commissioner at:

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

Kind regards

Graham Watts

Project Manager

Boston Borough Council

To keep up to date with Council information please sign up to the
electronic Boston Bulletin by sending your email address to
[email address] with `Boston Bulletin' in the subject box. We
can provide this information in other languages and formats for example,
in large print, in Braille, audio cassette or cd. Please telephone 01205
314308 for this service. The information within this email is
confidential. It is intended solely for the addressee and access to this
email by anyone else is unauthorised. Such unauthorised use, disclosure,
copying, distribution, any action or inaction in reliance of it is
strictly prohibited and may be unlawful. If you have received this email
in error: 1. notify the sender immediately; 2. do not use or disclose the
information in any way; and 3. delete the email from your system. Think
about the environment. Only print this if you need to.

Paul Cardin left an annotation ()

Boston Borough Council were one of the slowest respondents of the 345 councils asked, taking 46 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