Total Annual Figures for Compromise Agreements, etc.

Paul Cardin made this Freedom of Information request to Ashfield District 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 Ashfield District Council,

Please supply totals for the following:

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

1 Attachment

Please find attached acknowledgement letter.

Regards

Ann Coxall
Administrative Assistant FOI

__________________________________________________________________

Any views or opinions presented are solely those of the sender and do not
necessarily
represent those of Ashfield District Council unless otherwise specifically
stated.

Please note that Ashfield District Council reserves the right, subject to
compliance
with legislation, to monitor emails sent or received. Under the Freedom of
Information
Act 2000 and other relevant legislation, the contents may have to be
disclosed in
response to a request for information.

Printing this email? Please think environmentally and only print when
essential. Thank you.

[1]www.ashfield-dc.gov.uk

References

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1 Attachment

Please find attached response.

Regards

Ann Coxall
Administrative Assistant FOI

__________________________________________________________________

Any views or opinions presented are solely those of the sender and do not
necessarily
represent those of Ashfield District Council unless otherwise specifically
stated.

Please note that Ashfield District Council reserves the right, subject to
compliance
with legislation, to monitor emails sent or received. Under the Freedom of
Information
Act 2000 and other relevant legislation, the contents may have to be
disclosed in
response to a request for information.

Printing this email? Please think environmentally and only print when
essential. Thank you.

[1]www.ashfield-dc.gov.uk

References

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1. http://www.ashfield-dc.gov.uk/

Dear A.Coxall,

As requested, I would like to modify and further explain my query.

I am aiming to research "compromise" (not "confidentiality") agreements related to the circumstances quoted.

In the interests of making this task less time consuming, please could you exclude any compromise agreements which relate to the following?

1. Purely redundancy situations
2. Equal pay claims
3. TUPE arrangements
4. COT3 agreements (where tribunal proceedings have been initiated)

I imagine that your legal department, or the body which acts as such, will hold details of ex-employees who have signed compromise agreements in the circumstances I describe before having their working contracts terminated. A phone call or email and some short follow-up work should be able to pinpoint what would be a relatively small number of cases - even over the last 6 years.

Before going to an internal review, I'd like to suggest that you take this course of action along these revised lines,

Yours sincerely,

Paul Cardin

1 Attachment

Please find attached letter.

regards

Ann Coxall
Administrative Assistant FOI

__________________________________________________________________

Any views or opinions presented are solely those of the sender and do not
necessarily
represent those of Ashfield District Council unless otherwise specifically
stated.

Please note that Ashfield District Council reserves the right, subject to
compliance
with legislation, to monitor emails sent or received. Under the Freedom of
Information
Act 2000 and other relevant legislation, the contents may have to be
disclosed in
response to a request for information.

Printing this email? Please think environmentally and only print when
essential. Thank you.

[1]www.ashfield-dc.gov.uk

References

Visible links
1. http://www.ashfield-dc.gov.uk/

Dear Ashfield District Council,

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

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

I believe that this council is not storing information in a reasonable and effective way. An adequate storage system would enable reasonable FOI requests to be made without too much difficulty. I say this because to date, almost 50 English Councils have responded to this exact request without too much difficulty. Some have been able to satisfy the request within a very short timescale i.e. 2 to 3 working days, and some even quicker.

I have modified my complaint and made realistic suggestions, none of which have been taken up. Frankly, it is concerning that your legal department does not keep centralised records of compromise agreements relating to the circumstances stated in my original query.

I don't believe that an inadequate storage / retrieval system will qualify you for an exclusion under the Act, and regret having to move the process on to internal review. Please take my suggestions into full consideration.

Thank you in advance,

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

Dear Ashfield District Council,

I requested an internal review 2 months ago, on 14th January. You have failed to respond to this. Please acknowledge receipt of my emailed request,

Yours faithfully,

Paul Cardin

A.Coxall,

1 Attachment

Dear Mr Cardin

Please accept my apologies for the delay in answering your request. I
attach our response.

Regards

Ann Coxall
Administrative Assistant FOI

show quoted sections

Paul Cardin left an annotation ()

Ashfield District Council were one of the slowest respondents of the 345 councils asked, taking 53 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