Total Annual Figures for Compromise Agreements, etc.

Paul Cardin made this Freedom of Information request to Derby City 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 Derby City Council,

Please supply totals for the following:

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

FOI, Derby City Council

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I acknowledge your request for information received on 02/01/11.

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Freedom of Information Officer

Derby City Council
Saxon House
Heritage Gate
Friary Street
Derby
DE1 1AN

Telephone 01332 643230 or 253232 or e-mail [Derby City Council request email]
<<<[1]mailto:[Derby City Council request email]>>>
Further information is also available from the Information Commissioner
at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
[2]www.informationcommissioner.gov.uk

Kind regards

Freedom of Information Team

Freedom of Information Team | Resources Directorate | Derby City
Council|Saxon House|Heritage Gate|Friary Street |Derby
DE1 1AN|Tel: +44 (0) 1332 643230 | minicom number: +44 (0) 1332 256666 |
[3]www.derby.gov.uk

one Derby one council

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FOI, Derby City Council

*** Before reading or acting on this e-mail, or opening any attachment, please read Derby City Council's disclaimer and confidentiality statement at the end of this e-mail ***

Dear Paul

Your request for information has now been considered and the information
requested is below:

Total figures from 2009 when records began are as follows:

2009 7

2010 15

We have never included a clause in a compromise agreement that purported
to preclude anyone from making a FOI/DPA request.

Supply to you of any material does not give you the right to use it in a
way that breaches the copyright or other intellectual property rights in
that material. For example publishing or otherwise re-using it for
commercial purposes or sending any marketing material or spam emails. You
must get the consent of the copyright owner which may involve the granting
of a licence and the application of a fee.

This does not restrict your rights under the fair dealing provisions of
the Copyright, Designs and Patents Act 1988.

If you have any queries or concerns or are unhappy with the handling of
your request then please contact:

Freedom of Information Officer

Derby City Council
Saxon House
Heritage Gate
Friary Street
Derby
DE1 1AN

Telephone 01332 643233, 643230 or 643232 or e-mail [1][Derby City Council request email]

Further information about Freedom of Information is available from the
Information Commissioner at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
[2]www.informationcommissioner.gov.uk

Kind regards

Freedom of Information Team | Resources Directorate | Derby City
Council|Saxon House|Heritage Gate|Friary Street |Derby
DE1 1AN|Tel: +44 (0) 1332 643230 | minicom number: +44 (0) 1332 256666 |
[3]www.derby.gov.uk

one Derby one council

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References

Visible links
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2. http://www.informationcommissioner.gov.uk/
3. http://www.derby.gov.uk/
http://www.derby.gov.uk/

Paul Cardin left an annotation ()

Derby City Council were one of the quickest respondents of the 345 councils asked, taking 18 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