Total Annual Figures for Compromise Agreements, etc.

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

Please supply totals for the following:

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

Dear Burnley 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, 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 faithfully,

Paul Cardin

Dear Burnley Borough Council,

This request for information was sent to you on 2nd January 2011. I have also reduced the scope of the original request in good faith, anticipating that this would make the request easier for you to fulfil.

However, I've heard nothing so far.

By law, the authority should have responded by now and a response is long overdue.

If there is a spam filter in operation that is not correctly set up to allow FOI requests, please follow and act upon the link below:

http://www.whatdotheyknow.com/help/offic...

Yours faithfully,

Paul Cardin

Vicky White, Burnley Borough Council

Dear Mr Cardin

Thank you for your recent FOI enquiry.

The number of COT3/compromise agreements drawn up are as follows:

2005 - 0

2006 - 0

2007 - 0

2008 - 2

2009 - 0

2010 - 3

No further agreements have been signed in respect of FOI/DPA requests.

You may, if dissatisfied with the treatment of your request, ask the
Council to conduct a review of its decision under the council's complaints
procedure. Someone who has not been involved in dealing with your request
for information will carry out the review. Please e-mail or write if you
would like a review.

If, following the review, you remain dissatisfied with the Council's
treatment of your request then you may take your complaint to the
Information Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire
SK9 5AF.

Vicky White

Principal Personnel Officer (FOI Link Officer - People & Law) Burnley
Borough Council

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Dear Vicky White,

Thanks for your response.

With reference to the second part of the original request, please can you categorically respond 'yes' or 'no' to whether the council has included "gagging clauses" within compromise agreements designed to prevent the signatory from making FOI / DPA requests in the future?

Your current answer does not address the question,

Yours sincerely,

Paul Cardin

Vicky White, Burnley Borough Council

I am away from my desk until 21st March. I will reply to your email as
soon as possible.

Thanks

Vicky White

Principal Personnel Officer

Burnley Borough Council

Tel 01282 477124

Email [email address]

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Burnley Council and our partners across Lancashire have proudly achieved
Beacon Status for developing stronger communities. Think of the
environment; please don't print this e-mail unless you really need to.

IMPORTANT This email is subject to the disclaimer located at the following
address:- http://www.burnley.gov.uk/disclaimer/

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Vicky White, Burnley Borough Council

Dear Mr Cardin

In response to your request for clarification, the answer to your specific question is No.

You may, if dissatisfied with the treatment of your request, ask the Council to conduct a review of its decision under the council's complaints procedure. Someone who has not been involved in dealing with your request for information will carry out the review. Please e-mail or write if you would like a review.

If, following the review, you remain dissatisfied with the Council's treatment of your request then you may take your complaint to the Information Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Vicky White
Principal Personnel Officer (FOI Link Officer - People & Law)
Burnley Borough Council

show quoted sections

Paul Cardin left an annotation ()

Burnley Borough Council were one of the slowest respondents of the 345 councils asked, taking 50 working days (well 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