Total Annual Figures for Compromise Agreements, etc.

Paul Cardin made this Freedom of Information request to Tewkesbury 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 Tewkesbury 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 - 1; 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 Tewkesbury 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
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

Tewkesbury Borough Council

Could you please respond to this FOI request from Paul Cardin?

Many thanks

Gina
Customer Services
Tewkesbury Borough Council

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Dear Tewkesbury Borough Council,

Hi Gina,

I'm not sure if your last message was intentionally addressed to me (for copying in purposes) but can you clarify whether you are addressing the query?

Yours faithfully,

Paul Cardin

Tewkesbury Borough Council

Good morning Paul

I copied you in to the email when I sent your request on to the relevant
section to inform you that we had received your initial request. The
request will be dealt with by the appropriate officer

Regards

Gina

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Dear Tewkesbury Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Tewkesbury Borough Council's handling of my FOI request 'Total Annual Figures for Compromise Agreements, etc.'

Your response is now long overdue.

This request has now been responded to positively and in full by 251 English Councils since 1st January 2011. I'd appreciate it very much if while conducting this internal review, you took into account all the
questions and information I have supplied to date.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/to...

Yours faithfully,

Paul Cardin

Tewkesbury Borough Council

Dear Mr.Cardin,
I'm sorry for not responding within the statutory period.
In answer to your request the Council's response is set out below in
blue:

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).

2008 - 1

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.

None

Please let me know if you wish to continue with a formal Internal Review,

Shirin

Shirin Wotherspoon
Corporate Solicitor Manager
ONE LEGAL
The legal service to Cheltenham and Tewkesbury Borough Councils
Tel: 01684 272017
Fax:01684 272040
DX: 11406 Tewkesbury

This email may contain information which is privileged and confidential.
Please do not forward to anyone without my consent.

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Paul Cardin left an annotation ()

Tewkesbury Borough Council were one of the slowest respondents of the 345 councils asked, taking 44 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