Total Annual Figures for Compromise Agreements, etc.

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

Please supply totals for the following:

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

Louise McAspurren, Corby Borough Council

1 Attachment

Dear Mr Cardin,

Please see attached.

Regards

Louise McAspurren
RTB & FOI Officer
Legal Services, Corby Borough Council
[1]Mailto:[email address]
Telephone: 01536 464038
Email:[email address]

Fax: 01536 464109

Document: 104154/102237

Confidentiality Statement/Legal Disclaimer

This e-mail, including any attachments, is intended for the exclusive use
of the addressee. It may contain information which is legally privileged,
confidential and exempt from disclosure. Any views or opinions expressed
in this e-mail do not necessarily represent those of Corby Borough Council
and are not to be relied upon without subsequent written confirmation by
an authorised representative. If you are not the addressee any disclosure,
reproduction, distribution, forwarding or other dissemination or use is
strictly prohibited.

If you have received this e-mail in error please notify the Information
and Communications Technology (ICT) Help Desk by telephone on +44 (0) 1536
464088 or e-mail [email address].

Corby Borough Council, Deene House, New Post Office Square, Corby,
Northants, NN17 1GD. Telephone +44 (0) 1536 464000

This e-mail has been scanned for all viruses by Star. The
service is powered by MessageLabs.

References

Visible links
1. mailto:[email address]

Louise McAspurren, Corby Borough Council

2 Attachments

Dear Mr Cardin,

Please see attached in response to your request.

Regards

Louise McAspurren
RTB & FOI Officer
Legal Services, Corby Borough Council
[1]Mailto:[email address]
Telephone: 01536 464038
Email:[email address]

Fax: 01536 464109

Document: 104154/103768

Confidentiality Statement/Legal Disclaimer

This e-mail, including any attachments, is intended for the exclusive use
of the addressee. It may contain information which is legally privileged,
confidential and exempt from disclosure. Any views or opinions expressed
in this e-mail do not necessarily represent those of Corby Borough Council
and are not to be relied upon without subsequent written confirmation by
an authorised representative. If you are not the addressee any disclosure,
reproduction, distribution, forwarding or other dissemination or use is
strictly prohibited.

If you have received this e-mail in error please notify the Information
and Communications Technology (ICT) Help Desk by telephone on +44 (0) 1536
464088 or e-mail [email address].

Corby Borough Council, Deene House, New Post Office Square, Corby,
Northants, NN17 1GD. Telephone +44 (0) 1536 464000

This e-mail has been scanned for all viruses by Star. The
service is powered by MessageLabs.

References

Visible links
1. mailto:[email address]

Paul Cardin left an annotation ()

Corby Borough Council were one of the quickest respondents of the 345 councils asked, taking 17 days 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