Total Annual Figures for Compromise Agreements, etc.

Paul Cardin made this Freedom of Information request to Walsall Metropolitan 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 Walsall 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

Walsall Metropolitan Borough Council

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Link: [2]colorSchemeMapping

Dear Mr Cardin

Thank you for your request for information, relating to Total Annual
Figures for Compromise Agreements.

In accordance with provisions within the Freedom of Information Act 2000,
the council will respond to your request within 20 working days saying

whether we have the information that you want, and if there will be any
charges.

If for any reason we cannot provide you with the information we will tell
you why. If we need to clarify your request, we will contact you again.

In the meantime, if you need to contact me about your enquiry please do so
quoting the above reference number using the contact details below.

Nailah Ukaidi

Principal Performance Officer ( Information & Records )

Customer Focus & Intelligence (FoI, DPA & EIR)

Business Change

Resources Directorate

Walsall Council

The Civic Centre

Darwall Street

Walsall

WS1 1TP

Tel: 01922 653585

Fax: 01922 614210

E-mail: [3][email address]

Website: [4]www.walsall.gov.uk

"The information in this message must be regarded as confidential and is
intended for the addressee only unless explicitly stated.

If you have received this message in error it must be deleted and the
sender notified. The views expressed in this message are personal and not
necessarily those of Walsall Council unless explicitly stated. Please be
aware that emails sent to or received from Walsall Council may be
intercepted and read by the council to ensure compliance with council
policies or regulatory obligations, or for the purposes of essential
maintenance or support of the email system. You should also be aware that
any email may be subject of a request under Data Protection, Freedom of
Information or Environmental Information legislation and therefore could
be disclosed to third parties".

References

Visible links
1. file:///tmp/~~themedata~~
2. file:///tmp/~~colorschememapping~~
3. mailto:[email address]
4. http://www.walsall.gov.uk/

Dear Walsall 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

Walsall Metropolitan Borough Council

1 Attachment

Dear Mr Cardin,

Further to your e-mail, I can advise you as follows:

A response to your request was due to be sent to you by 7th February 2010, ' 20 working days following receipt of the request'.

I am sorry that we have not yet been able to provide you with a reply today, as we are still awaiting some information to be collated from the services concerned. As you know the council is required to respond to all requests for information under the Freedom of Information Act and / or the Environmental Information Regulations within 20 working days, unless a 'qualified exception' applies or the request is both complex and lengthy.

I am sorry that in this case we have not meet this timescale, but would assure of our best intentions in this regard. I can confirm that a full reply to your request will be sent to you as soon as possible and hopefully within the next 5 working days. If you have any queries in regard to this process, please do not hesitate to contact us using the details above and below.

Nailah Ukaidi
Principal Performance Officer ( Information & Records )
Customer Focus & Intelligence (FoI, DPA & EIR)
Business Change
Resources Directorate
Walsall Council
The Civic Centre
Darwall Street
Walsall
WS1 1TP
Tel: 01922 653585
Fax: 01922 614210
E-mail: [email address]
Website:  www.walsall.gov.uk

"The information in this message must be regarded as confidential and is intended for the addressee only unless explicitly stated.
If you have received this message in error it must be deleted and the sender notified. The views expressed in this message are personal and not necessarily those of Walsall Council unless explicitly stated. Please be aware that emails sent to or received from Walsall Council may be intercepted and read by the council to ensure compliance with council policies or regulatory obligations, or for the purposes of essential maintenance or support of the email system. You should also be aware that any email may be subject of a request under Data Protection, Freedom of Information or Environmental Information legislation and therefore could be disclosed to third parties".

Dear Walsall Borough Council,

Hi. The 5 working days quoted has long run out and we're now into March. Can you advise what's happening with this request please?

Many thanks in advance,

Yours faithfully,

Paul Cardin

Walsall Metropolitan Borough Council

1 Attachment

Dear Mr Cardin

My sincere apologies, I now have all the information required and hope to have the answer drafted and finalised within the next couple of days.

Regards

Nailah Ukaidi
Principal Performance Officer ( Information & Records )
Customer Focus & Intelligence (FoI, DPA & EIR)
Business Change
Resources Directorate
Walsall Council
The Civic Centre
Darwall Street
Walsall
WS1 1TP
Tel: 01922 653585
Fax: 01922 614210
E-mail: [email address]
Website:  www.walsall.gov.uk

"The information in this message must be regarded as confidential and is intended for the addressee only unless explicitly stated.
If you have received this message in error it must be deleted and the sender notified. The views expressed in this message are personal and not necessarily those of Walsall Council unless explicitly stated. Please be aware that emails sent to or received from Walsall Council may be intercepted and read by the council to ensure compliance with council policies or regulatory obligations, or for the purposes of essential maintenance or support of the email system. You should also be aware that any email may be subject of a request under Data Protection, Freedom of Information or Environmental Information legislation and therefore could be disclosed to third parties".

Walsall Metropolitan Borough Council

2 Attachments

Dear Mr Cardin,

Further to your request for information,

Please see attached, I apologise for the delay in providing you with this information.

Nailah Ukaidi
Principal Performance Officer ( Information & Records )
Customer Focus & Intelligence (FoI, DPA & EIR)
Business Change
Resources Directorate
Walsall Council
The Civic Centre
Darwall Street
Walsall
WS1 1TP
Tel: 01922 653585
Fax: 01922 614210
E-mail: [email address]
Website:  www.walsall.gov.uk

"The information in this message must be regarded as confidential and is intended for the addressee only unless explicitly stated.
If you have received this message in error it must be deleted and the sender notified. The views expressed in this message are personal and not necessarily those of Walsall Council unless explicitly stated. Please be aware that emails sent to or received from Walsall Council may be intercepted and read by the council to ensure compliance with council policies or regulatory obligations, or for the purposes of essential maintenance or support of the email system. You should also be aware that any email may be subject of a request under Data Protection, Freedom of Information or Environmental Information legislation and therefore could be disclosed to third parties".

Walsall Metropolitan Borough Council

[Walsall Borough Council request email] would like to recall the message, "REPLY Freedom of
Information Request RFI 22/11".

Dear Walsall Borough Council,

Hi,

I've received a message stating that you'd like to recall the message "REPLY Freedom of Information Request RFI 22/11".

If required, I will destroy this message, assuming that you have a message that you want to replace it with.

Please advise,

Yours faithfully,

Paul Cardin

Walsall Metropolitan Borough Council

[Walsall Borough Council request email] would like to recall the message, "REPLY Freedom of
Information Request RFI 22/11".

Dear Walsall Borough Council,

Hi,

I've received two messages stating that you'd like to recall the
message "REPLY Freedom of Information Request RFI 22/11".

If required, I will destroy this message, assuming that you have a
message that you want to replace it with.

Please advise,

Yours faithfully,

Paul Cardin

Walsall Metropolitan Borough Council

1 Attachment

Dear Mr Cardin,

Further to your request for information, I apologise for the delay but would advise you of the follow:

The information contained in the previous e-mail sent to you did not contain the correct information. I am advised that whilst we had received your clarification asking for certain types of cases to be removed from the answer, we had not yet full and complete consideration to this and therefore some of the cases you had specifically asked to be removed have not been. I will be reviewing the information directly myself on Monday and will ensure that the correct version is sent to you then.

Please therefore disregard the information I have already sent and I will ensure that you receive a full and accurate reply on Monday.

Nailah Ukaidi
Principal Performance Officer ( Information & Records )
Customer Focus & Intelligence (FoI, DPA & EIR)
Business Change
Resources Directorate
Walsall Council
The Civic Centre
Darwall Street
Walsall
WS1 1TP
Tel: 01922 653585
Fax: 01922 614210
E-mail: [email address]
Website:  www.walsall.gov.uk

"The information in this message must be regarded as confidential and is intended for the addressee only unless explicitly stated.
If you have received this message in error it must be deleted and the sender notified. The views expressed in this message are personal and not necessarily those of Walsall Council unless explicitly stated. Please be aware that emails sent to or received from Walsall Council may be intercepted and read by the council to ensure compliance with council policies or regulatory obligations, or for the purposes of essential maintenance or support of the email system. You should also be aware that any email may be subject of a request under Data Protection, Freedom of Information or Environmental Information legislation and therefore could be disclosed to third parties".

Walsall Metropolitan Borough Council

1 Attachment

Dear Mr Cardin,

Thank you for your reply. Yes please destroy the information that has been sent to you, as previously advised I cannot at this stage confirm that it accurately represents the information held by the council in response to the questions you raised. I confirm that given the delay you have already experienced and this slight confusion I will give this matter urgent attention and review the information and get back to you before the end of the day Monday.

Thank you for your co-operation

Nailah Ukaidi
Principal Performance Officer ( Information & Records )
Customer Focus & Intelligence (FoI, DPA & EIR)
Business Change
Resources Directorate
Walsall Council
The Civic Centre
Darwall Street
Walsall
WS1 1TP
Tel: 01922 653585
Fax: 01922 614210
E-mail: [email address]
Website:  www.walsall.gov.uk

"The information in this message must be regarded as confidential and is intended for the addressee only unless explicitly stated.
If you have received this message in error it must be deleted and the sender notified. The views expressed in this message are personal and not necessarily those of Walsall Council unless explicitly stated. Please be aware that emails sent to or received from Walsall Council may be intercepted and read by the council to ensure compliance with council policies or regulatory obligations, or for the purposes of essential maintenance or support of the email system. You should also be aware that any email may be subject of a request under Data Protection, Freedom of Information or Environmental Information legislation and therefore could be disclosed to third parties".

Walsall Metropolitan Borough Council

2 Attachments

Dear Mr Cardin,

Further to your request for information,

Please see attached, I apologise for the delay in providing you with this information and confirm that this information is correct in answer to the questions posed.

Thanks

Nailah Ukaidi
Principal Performance Officer ( Information & Records ) Customer Focus & Intelligence (FoI, DPA & EIR) Business Change Resources Directorate Walsall Council The Civic Centre Darwall Street Walsall
WS1 1TP
Tel: 01922 653585
Fax: 01922 614210
E-mail: [email address]
Website:  www.walsall.gov.uk

"The information in this message must be regarded as confidential and is intended for the addressee only unless explicitly stated.
If you have received this message in error it must be deleted and the sender notified. The views expressed in this message are personal and not necessarily those of Walsall Council unless explicitly stated. Please be aware that emails sent to or received from Walsall Council may be intercepted and read by the council to ensure compliance with council policies or regulatory obligations, or for the purposes of essential maintenance or support of the email system. You should also be aware that any email may be subject of a request under Data Protection, Freedom of Information or Environmental Information legislation and therefore could be disclosed to third parties".

Dear Walsall Borough Council,

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

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

Thank you for complying with the first part of the initial request which was later reduced in scope. However I don't believe the fact that information (relating to the second part of the original question re: "FOI / DPA related gagging clauses") being archived is an adequate reason for not providing it, and that the public interest in the release of this information outweighs the public interest in not releasing it. Please take into account all information I have submitted to date. 252 of your LGA colleagues have responded positively and in full to both original questions.

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

Walsall Metropolitan Borough Council

1 Attachment

  • Attachment

    Internal review of Freedom of Information request Total Annual Figures for Compromise Agreements etc..html

    4K Download

Dear Mr Cardin

I acknowledge receipt of your request for an internal review of your
Freedom of Information request relating to Total Annual Figures for
Compromise Agreements, etc (attached). It will be passed on to the
appropriate officer.

Kind regards

Suzanne Peace

Admin Assistant

Business Change

Resources Directorate

Walsall Council

The Council House, Lichfield Street,

Walsall. WS1 1TW

Tel: 01922 653572

E-mail: [1][email address]

Website: [2]www.walsall.gov.uk

"The information in this message must be regarded as confidential and is
intended for the addressee only unless explicitly stated. If you have
received this message in error it must be deleted and the sender notified.
The views expressed in this message are personal and not necessarily those
of Walsall Council unless explicitly stated. Please be aware that emails
sent to or received from Walsall Council may be intercepted and read by
the council to ensure compliance with council policies or regulatory
obligations, or for the purposes of essential maintenance or support of
the email system. You should also be aware that any email may be subject
of a request under Data Protection, Freedom of Information or
Environmental Information legislation and therefore could be disclosed to
third parties".

References

Visible links
1. mailto:*[email address]
mailto:[email address]
2. http://www.walsall.gov.uk/

Walsall Metropolitan Borough Council

1 Attachment

  • Attachment

    Internal review of Freedom of Information request Total Annual Figures for Compromise Agreements etc..txt

    2K Download View as HTML

Dear Mr Cardin,

I confirm that we have received your request for an internal review,
this has been passed to the relevant Officer who will respond to you
shortly.

Regards

Ruth Allen
Performance Officer( Information & Records )
Customer Focus & Intelligence (FoI, DPA & EIR)
Business Change
Resources Directorate
Walsall Council
The Civic Centre
Darwall Street
Walsall
WS1 1TP
Tel: 01922 652059
Fax: 01922 614210

"The information in this message must be regarded as confidential and is
intended for the addressee only unless explicitly stated.
If you have received this message in error it must be deleted and the
sender notified. The views expressed in this message are personal and
not necessarily those of Walsall Council unless explicitly stated.
Please be aware that emails sent to or received from Walsall Council may
be intercepted and read by the council to ensure compliance with council
policies or regulatory obligations, or for the purposes of essential
maintenance or support of the email system. You should also be aware
that any email may be subject of a request under Data Protection,
Freedom of Information or Environmental Information legislation and
therefore could be disclosed to third parties".

Ukaidi Nailah, Walsall Metropolitan Borough Council

1 Attachment

Dear Mr Cardin

Further to your message attached I note that despite your offer to destroy the information sent to you in error, it has still been published on the internet. Perhaps you could advise if you will be doing as was agreed.

Thank you

Nailah Ukaidi
Principal Performance Officer ( Information & Records )
Customer Focus & Intelligence (FoI, DPA & EIR)
Business Change
Resources Directorate
Walsall Council
The Civic Centre
Darwall Street
Walsall
WS1 1TP
Tel: 01922 653585
Fax: 01922 614210
E-mail: [email address]
Website:  www.walsall.gov.uk

"The information in this message must be regarded as confidential and is intended for the addressee only unless explicitly stated.
If you have received this message in error it must be deleted and the sender notified. The views expressed in this message are personal and not necessarily those of Walsall Council unless explicitly stated. Please be aware that emails sent to or received from Walsall Council may be intercepted and read by the council to ensure compliance with council policies or regulatory obligations, or for the purposes of essential maintenance or support of the email system. You should also be aware that any email may be subject of a request under Data Protection, Freedom of Information or Environmental Information legislation and therefore could be disclosed to third parties".

Ganesh Sittampalam left an annotation ()

We have been asked directly by Walsall Council to remove the published copy of the incorrect response. One of the goals of WhatDoTheyKnow is to archive not just the substantive responses to FOI requests, but all the correspondence associated with a request. This allows anyone browsing the request to see the full history and not just the outcome. We therefore only remove content when there are very strong reasons to do so, which is not the case here.

Ganesh - WhatDoTheyKnow volunteer

Walsall Metropolitan Borough Council

2 Attachments

Dear Mr Cardin,

Thank you for your e-mail expressing your wish to pursue an internal
review of the council's response. I can confirm that a review of the
previous response is already underway. We will seek to complete the
response within 20 workings days of the receipt of your e-mail, or in
exceptional circumstances, within 40 working days as advised by the
Information Commissioner.

I can confirm that should the review of your request amend the original
decision, then any further information identified as subject to
disclosure will be forwarded to you directly.

Regards

Helen Dudson
Manager of Corporate Performance Management

Walsall Metropolitan Borough Council

Dear Mr Cardin

I write further to your request to have the council's response to your
Freedom of Information Request, considered under the Internal Review
process, received on 7^th March 2011.

I confirm that an internal review of the previous decision has been
conducted by an officer, who was not directly involved in the original
decision and I can now confirm the following forms the council's decision
of the internal review of your request.

The information previously identified as being exempt from disclosure
subject to section 12 of the FOI Act was contained in several files that
had been archived by the Council. The initial view had been that the time
taken to retrieve these files and conduct a manual trawl, was likely to
exceed the appropriate time limit and therefore render the information
exempt from disclosure.

Following receipt of your request for an internal review, further
consideration was given to this assessment and it was concluded that
whilst the time taken would be lengthy the Council would exercise its
discretion to answer a request that will, or is likely to exceed the
appropriate limit. The respective files were therefore retrieved and
reviewed in order to obtain the information you requested.

I can now confirm that none of the compromise agreements completed between
2005 - 2008, that were referred to in the Council's response dated 7^th
March 2011, included a clause 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."

I am sorry that you were unhappy with the initial response that you
received and I trust the your request has now been answered in full.

Please note that if you remain dissatisfied with the council's decision,
you may refer the matter to the Information Commissioner, Wycliffe House,
Water Lane, Wilmslow, Cheshire SK9 5AF: Tel No: 01625 545700.

Helen Dudson

Manager of Corporate Performance Management

Business Change, Resources Directorate

Walsall Metropolitan Borough Council

The Loft, The Council House, Lichfield Street

Walsall, WS1 1TW

Tel: 01922 65 3524 email: [1][email address]

"The information in this message must be regarded as confidential and is
intended for the addressee only unless explicitly stated.

If you have received this message in error it must be deleted and the
sender notified. The views expressed in this message are personal and not
necessarily those of Walsall Council unless explicitly stated. Please be
aware that emails sent to or received from Walsall Council may be
intercepted and read by the council to ensure compliance with council
policies or regulatory obligations, or for the purposes of essential
maintenance or support of the email system. You should also be aware that
any email may be subject of a request under Data Protection, Freedom of
Information or Environmental Information legislation and therefore could
be disclosed to third parties".

References

Visible links
1. mailto:[email address]
mailto:[email address]

Dear Walsall Borough Council,

Thanks very much. That's democracy in action and probably the most reasonable and dignified response I've had!

I've made this request of 345 councils and I'm very glad to add you to the 281 councils that have responded positively and in full,

Yours faithfully,

Paul Cardin

Paul Cardin left an annotation ()

Walsall Borough 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