Total Annual Figures for Compromise Agreements, etc.

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

Please supply totals for the following:

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

Freedom of Information (Group), Bromley Borough Council

Thank you for your request for information which is receiving attention
and will be processed in line with the relevant [1]information law.

By law, the Council may take up to 20 working days to provide you with
non-personal information held by the authority, and up to 40 days to
provide personal information we hold about you. Please note that 25-28
December and 31 December-3 January are not official working days.

In some cases, a charge may apply. If so, we will contact you to let you
know the cost and then you can decide whether to go ahead with the request
or not. Where charges apply, the time scales indicated do not take effect
until we have received payment.

For further information about [2]our opening times and services over the
festive period please visit [3]our website.

Information Coordinator
London Borough of Bromley
Tel. 020 8313 4316
e-mail [4][Bromley Borough Council request email]
[5]www.bromley.gov.uk
---- London Borough of Bromley E-Mail Disclaimer ----

For information about Bromley Council visit our web site
www.bromley.gov.uk

The information contained in this message (including any attachments) is
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The London Borough of Bromley monitors the content of emails sent and
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References

Visible links
1. http://www.bromley.gov.uk/council/access...
file:///tmp/BLOCKED::http:/www.bromley.gov.uk/council/access+to+information/
2. http://www.bromley.gov.uk/council/contac...
file:///tmp/BLOCKED::http:/www.bromley.gov.uk/council/contact/Christmas+News+and+Opening+Hours.htm
3. http://www.bromley.gov.uk/Default.bromley
file:///tmp/BLOCKED::http:/www.bromley.gov.uk/Default.bromley
4. mailto:[Bromley Borough Council request email]
file:///tmp/BLOCKED::mailto:[Bromley Borough Council request email]
5. http://www.bromley.gov.uk/
file:///tmp/BLOCKED::http:/www.bromley.gov.uk/

Dear Freedom of Information (Group),

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

Freedom of Information (Group), Bromley Borough Council

Thank you for your request for information which is receiving attention
and will be processed in line with the relevant [1]information law.

By law, the Council may take up to 20 working days to provide you with
non-personal information held by the authority, and up to 40 days to
provide personal information we hold about you.

In some cases, a charge may apply. If so, we will contact you to let you
know the cost and then you can decide whether to go ahead with the request
or not. Where charges apply, the time scales indicated do not take effect
until we have received payment.

For further information about [2]our opening times and services please
visit [3]our website.

Information Coordinator
London Borough of Bromley
Tel. 020 8313 4316
e-mail [4][Bromley Borough Council request email]
[5]www.bromley.gov.uk
---- London Borough of Bromley E-Mail Disclaimer ----

For information about Bromley Council visit our web site
www.bromley.gov.uk

The information contained in this message (including any attachments) is
confidential in that it is intended solely for the use of the recipient,
the use of the information by disclosure, copying or distribution is
prohibited and may be unlawful.
The London Borough of Bromley monitors the content of emails sent and
received via its network for the purposes of ensuring compliance with its
policies and procedures.
---- End of Disclaimer ----

References

Visible links
1. http://www.bromley.gov.uk/council/access...
file:///tmp/BLOCKED::http:/www.bromley.gov.uk/council/access+to+information/
2. http://www.bromley.gov.uk/council/contac...
file:///tmp/BLOCKED::http:/www.bromley.gov.uk/council/contact/Christmas+News+and+Opening+Hours.htm
3. http://www.bromley.gov.uk/Default.bromley
file:///tmp/BLOCKED::http:/www.bromley.gov.uk/Default.bromley
4. mailto:[Bromley Borough Council request email]
file:///tmp/BLOCKED::mailto:[Bromley Borough Council request email]
5. http://www.bromley.gov.uk/
file:///tmp/BLOCKED::http:/www.bromley.gov.uk/

Dear Freedom of Information (Group),

As you'll be aware, you're out of time on this request.

Please don't add another 20 working days' grace.

many thanks,

Yours sincerely,

Paul Cardin

Freedom of Information (Group), Bromley Borough Council

Thank you for your request for information which is receiving attention
and will be processed in line with the relevant [1]information law.

By law, the Council may take up to 20 working days to provide you with
non-personal information held by the authority, and up to 40 days to
provide personal information we hold about you.

In some cases, a charge may apply. If so, we will contact you to let you
know the cost and then you can decide whether to go ahead with the request
or not. Where charges apply, the time scales indicated do not take effect
until we have received payment.

For further information about [2]our opening times and services please
visit [3]our website.

Information Coordinator
London Borough of Bromley
Tel. 020 8313 4316
e-mail [4][Bromley Borough Council request email]
[5]www.bromley.gov.uk
---- London Borough of Bromley E-Mail Disclaimer ----

For information about Bromley Council visit our web site
www.bromley.gov.uk

The information contained in this message (including any attachments) is
confidential in that it is intended solely for the use of the recipient,
the use of the information by disclosure, copying or distribution is
prohibited and may be unlawful.
The London Borough of Bromley monitors the content of emails sent and
received via its network for the purposes of ensuring compliance with its
policies and procedures.
---- End of Disclaimer ----

References

Visible links
1. http://www.bromley.gov.uk/council/access...
file:///tmp/BLOCKED::http:/www.bromley.gov.uk/council/access+to+information/
2. http://www.bromley.gov.uk/council/contac...
file:///tmp/BLOCKED::http:/www.bromley.gov.uk/council/contact/Christmas+News+and+Opening+Hours.htm
3. http://www.bromley.gov.uk/Default.bromley
file:///tmp/BLOCKED::http:/www.bromley.gov.uk/Default.bromley
4. mailto:[Bromley Borough Council request email]
file:///tmp/BLOCKED::mailto:[Bromley Borough Council request email]
5. http://www.bromley.gov.uk/
file:///tmp/BLOCKED::http:/www.bromley.gov.uk/

Freedom of Information (Group), Bromley Borough Council

Dear Mr Cardin

In response to your revised request for information under the Freedom of Information Act submitted on 2 February 2011, I confirm the following figures in respect of the number of compromise agreements entered into by LBB:

1. 2006 - 2

2. 2007 - 4

3. 2008 - 4

4. 2009 - 8

5. 2010 - 6

Please note that the above figures exclude Schools, Redundancy, Tupe, Equal Pay, PILON and COT3 agreements.

It has not been possible to obtain details prior to November 2006 and if this is still required it will take considerable time to investigate and may not be 100% accurate.

Your sincerely

Jackie Coulston (Mrs)
Information Co-ordinator
Legal, Democratic and Customer Services
Tel: 020 8313 4316
(Tues-Thurs 8am-4.30pm)

---- London Borough of Bromley E-Mail Disclaimer ----

For information about Bromley Council visit our web site www.bromley.gov.uk

The information contained in this message (including any attachments) is confidential in that it is intended solely for the use of the recipient, the use of the information by disclosure, copying or distribution is prohibited and may be unlawful.
The London Borough of Bromley monitors the content of emails sent and received via its network for the purposes of ensuring compliance with its policies and procedures.

---- End of Disclaimer ----

Dear Freedom of Information (Group),

Thanks for your response and for the time you have devoted to this request.

Please could you address the second question within the original request, which related to employees signing away their FOI / DPA requests, and whether it's council policy to pursue this?

many thanks in advance,

Yours sincerely,

Paul Cardin

Freedom of Information (Group), Bromley Borough Council

Thank you for your request for information which is receiving attention
and will be processed in line with the relevant [1]information law.

By law, the Council may take up to 20 working days to provide you with
non-personal information held by the authority, and up to 40 days to
provide personal information we hold about you.

In some cases, a charge may apply. If so, we will contact you to let you
know the cost and then you can decide whether to go ahead with the request
or not. Where charges apply, the time scales indicated do not take effect
until we have received payment.

For further information about [2]our opening times and services please
visit [3]our website.

Information Coordinator
London Borough of Bromley
Tel. 020 8313 4316
e-mail [4][Bromley Borough Council request email]
[5]www.bromley.gov.uk
---- London Borough of Bromley E-Mail Disclaimer ----

For information about Bromley Council visit our web site
www.bromley.gov.uk

The information contained in this message (including any attachments) is
confidential in that it is intended solely for the use of the recipient,
the use of the information by disclosure, copying or distribution is
prohibited and may be unlawful.
The London Borough of Bromley monitors the content of emails sent and
received via its network for the purposes of ensuring compliance with its
policies and procedures.
---- End of Disclaimer ----

References

Visible links
1. http://www.bromley.gov.uk/council/access...
file:///tmp/BLOCKED::http:/www.bromley.gov.uk/council/access+to+information/
2. http://www.bromley.gov.uk/council/contac...
file:///tmp/BLOCKED::http:/www.bromley.gov.uk/council/contact/Christmas+News+and+Opening+Hours.htm
3. http://www.bromley.gov.uk/Default.bromley
file:///tmp/BLOCKED::http:/www.bromley.gov.uk/Default.bromley
4. mailto:[Bromley Borough Council request email]
file:///tmp/BLOCKED::mailto:[Bromley Borough Council request email]
5. http://www.bromley.gov.uk/
file:///tmp/BLOCKED::http:/www.bromley.gov.uk/

Freedom of Information (Group), Bromley Borough Council

Dear Mr Cardin

I can confirm that no agreements have included a clause to forgo the right to approach the Council in the future in respect of DPA or FOI.

Yours sincerely

Jackie Coulston (Mrs)
Information Coordinator
Legal, Democratic and Customer Services
Tel: 020 8313 4316
(Tues-Thurs 8am-4.30pm)

show quoted sections

Dear Freedom of Information (Group),

Many thanks for your reply,

Yours sincerely,

Paul Cardin

Freedom of Information (Group), Bromley Borough Council

Thank you for your request for information which is receiving attention
and will be processed in line with the relevant [1]information law.

By law, the Council may take up to 20 working days to provide you with
non-personal information held by the authority, and up to 40 days to
provide personal information we hold about you.

In some cases, a charge may apply. If so, we will contact you to let you
know the cost and then you can decide whether to go ahead with the request
or not. Where charges apply, the time scales indicated do not take effect
until we have received payment.

For further information about [2]our opening times and services please
visit [3]our website.

Information Coordinator
London Borough of Bromley
Tel. 020 8313 4316
e-mail [4][Bromley Borough Council request email]
[5]www.bromley.gov.uk
---- London Borough of Bromley E-Mail Disclaimer ----

For information about Bromley Council visit our web site
www.bromley.gov.uk

The information contained in this message (including any attachments) is
confidential in that it is intended solely for the use of the recipient,
the use of the information by disclosure, copying or distribution is
prohibited and may be unlawful.
The London Borough of Bromley monitors the content of emails sent and
received via its network for the purposes of ensuring compliance with its
policies and procedures.
---- End of Disclaimer ----

References

Visible links
1. http://www.bromley.gov.uk/council/access...
file:///tmp/BLOCKED::http:/www.bromley.gov.uk/council/access+to+information/
2. http://www.bromley.gov.uk/council/contac...
file:///tmp/BLOCKED::http:/www.bromley.gov.uk/council/contact/Christmas+News+and+Opening+Hours.htm
3. http://www.bromley.gov.uk/Default.bromley
file:///tmp/BLOCKED::http:/www.bromley.gov.uk/Default.bromley
4. mailto:[Bromley Borough Council request email]
file:///tmp/BLOCKED::mailto:[Bromley Borough Council request email]
5. http://www.bromley.gov.uk/
file:///tmp/BLOCKED::http:/www.bromley.gov.uk/

Paul Cardin left an annotation ()

Bromley Borough Council were one of the slower respondents of the 345 councils asked, taking 24 working days (over 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

Paul Cardin left an annotation ()

Here’s a piece of legal opinion from Senior Counsel Hugh Tomlinson QC, which appears to make more likely the prospect of public sector employers opting for Freedom of Information and Data Protection “gagging clauses” within compromise agreements; and thereby aiming to remove persons’ statutory rights to make data and information requests.

It has been an effective reputation management tactic, and a way of concealing the historical malpractice engaged in by employers when targetting whistleblowers or getting rid of people who’ve lodged grievances. The ruse has been deployed in the past by two councils; Cheshire West & Chester, and Brent.

The ICO are powerless to prevent it as the HT opinion implies that contract law takes precedence over a person’s statutory rights – which it appears can be surrendered. The ICO could only act if the recipient of any “ban” were to breach it and make an FoI or DP request of the relevant data controller – which is unlikely to occur because there’s always a “club over the head” of the signatory to the compromise agreement i.e. the threat of any monetary pay off being clawed back through the courts.

http://tinyurl.com/bu9vynx