Total Annual Figures for Compromise Agreements, etc.

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

Please supply totals for the following:

As far as records go back, annual figures for the total number of current employees / ex-employees of Derbyshire Dales 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 Derbyshire Dales 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

boden, helen, Derbyshire Dales District Council

Please note I am out of the office until Tuesday 4th January 2011.. If your request is urgent please contact either Mark Sanderson on 01629 761270 or Helen Brooks on 01629 761204.
<font color='#558D37' face='Arial, Helvetica, sans-serif' size='3'><a href = "www.derbyshiredales.gov.uk">www.derbyshiredales.gov.uk</a></b></font>

<font color='#558D37' face='Arial, Helvetica, sans-serif' size='3'><b>Derbyshire Dales District Council is rated 'Excellent' and 'Performing Well' by the Audit Commission.</b></font>

<font color='#000000' face='Arial, Helvetica, sans-serif' size='1'><b>The views expressed in this e-mail are personal and may not necessarily reflect those of Derbyshire Dales District Council, unless explicitly stated otherwise.
This e-mail, and any files transmitted with it, is confidential and intended for the sole use of the addressee. The unauthorised use, disclosure or copying of the e-mail is strictly prohibited.
If you are not the intended recipient of this e-mail, please notify the sender immediately and delete and destroy any copies as soon as possible.
All traffic may be subject to recording and/or monitoring in accordance with relevant legislation
Whilst Derbyshire Dales District Council tries to ensure that emails and attachments are virus free, this cannot be guaranteed and the Council cannot accept responsibility for situations where this is not the case.
The recipient is advised to ensure that they are actually virus free in accordance with good computing practice.
Information communicated to the council may be disclosed to the public under the Freedom of Information Act 2000.</b></font><hr>
<font color='#000000' face='Arial, Helvetica, sans serif ' size = '2'><b> Do you really need to print out this e-mail? Be<font color='#558d37'> Green<font color='#000000'> - keep it on the screen</b></font>

Bramwell, Emma, Derbyshire Dales District Council

I am out of the office until 05/01/11 if you require urgent assistance please contact my job share colleague Annette Reading on 01629761375 email [email address] or Brian Evans on 01629761301 email [email address]
<font color='#558D37' face='Arial, Helvetica, sans-serif' size='3'><a href = "www.derbyshiredales.gov.uk">www.derbyshiredales.gov.uk</a></b></font>

<font color='#558D37' face='Arial, Helvetica, sans-serif' size='3'><b>Derbyshire Dales District Council is rated 'Excellent' and 'Performing Well' by the Audit Commission.</b></font>

<font color='#000000' face='Arial, Helvetica, sans-serif' size='1'><b>The views expressed in this e-mail are personal and may not necessarily reflect those of Derbyshire Dales District Council, unless explicitly stated otherwise.
This e-mail, and any files transmitted with it, is confidential and intended for the sole use of the addressee. The unauthorised use, disclosure or copying of the e-mail is strictly prohibited.
If you are not the intended recipient of this e-mail, please notify the sender immediately and delete and destroy any copies as soon as possible.
All traffic may be subject to recording and/or monitoring in accordance with relevant legislation
Whilst Derbyshire Dales District Council tries to ensure that emails and attachments are virus free, this cannot be guaranteed and the Council cannot accept responsibility for situations where this is not the case.
The recipient is advised to ensure that they are actually virus free in accordance with good computing practice.
Information communicated to the council may be disclosed to the public under the Freedom of Information Act 2000.</b></font><hr>
<font color='#000000' face='Arial, Helvetica, sans serif ' size = '2'><b> Do you really need to print out this e-mail? Be<font color='#558d37'> Green<font color='#000000'> - keep it on the screen</b></font>

Reading, Annette, Derbyshire Dales District Council

I am out of the office until Tuesday 4th January. If you need assistance before my return please contact my job share colleague, Emma Bramwell on 01629 761375 email [email address], or Brian Evans on 01629 761301 email [email address].Thank you
<font color='#558D37' face='Arial, Helvetica, sans-serif' size='3'><a href = "www.derbyshiredales.gov.uk">www.derbyshiredales.gov.uk</a></b></font>

<font color='#558D37' face='Arial, Helvetica, sans-serif' size='3'><b>Derbyshire Dales District Council is rated 'Excellent' and 'Performing Well' by the Audit Commission.</b></font>

<font color='#000000' face='Arial, Helvetica, sans-serif' size='1'><b>The views expressed in this e-mail are personal and may not necessarily reflect those of Derbyshire Dales District Council, unless explicitly stated otherwise.
This e-mail, and any files transmitted with it, is confidential and intended for the sole use of the addressee. The unauthorised use, disclosure or copying of the e-mail is strictly prohibited.
If you are not the intended recipient of this e-mail, please notify the sender immediately and delete and destroy any copies as soon as possible.
All traffic may be subject to recording and/or monitoring in accordance with relevant legislation
Whilst Derbyshire Dales District Council tries to ensure that emails and attachments are virus free, this cannot be guaranteed and the Council cannot accept responsibility for situations where this is not the case.
The recipient is advised to ensure that they are actually virus free in accordance with good computing practice.
Information communicated to the council may be disclosed to the public under the Freedom of Information Act 2000.</b></font><hr>
<font color='#000000' face='Arial, Helvetica, sans serif ' size = '2'><b> Do you really need to print out this e-mail? Be<font color='#558d37'> Green<font color='#000000'> - keep it on the screen</b></font>

booth-jones, beverley, Derbyshire Dales District Council

Thank you for your message. Please note that I am out of the office until Tuesday 4th January 2011. If your enquiry is urgent please contact Helen Boden on 01629 761303 or Phil Horsfield on 01629 761319 otherwise I will deal with your response on my return.

Merry Christmas and best wishes for 2011!

Bev Booth-Jones

<font color='#558D37' face='Arial, Helvetica, sans-serif' size='3'><a href = "www.derbyshiredales.gov.uk">www.derbyshiredales.gov.uk</a></b></font>

<font color='#558D37' face='Arial, Helvetica, sans-serif' size='3'><b>Derbyshire Dales District Council is rated 'Excellent' and 'Performing Well' by the Audit Commission.</b></font>

<font color='#000000' face='Arial, Helvetica, sans-serif' size='1'><b>The views expressed in this e-mail are personal and may not necessarily reflect those of Derbyshire Dales District Council, unless explicitly stated otherwise.
This e-mail, and any files transmitted with it, is confidential and intended for the sole use of the addressee. The unauthorised use, disclosure or copying of the e-mail is strictly prohibited.
If you are not the intended recipient of this e-mail, please notify the sender immediately and delete and destroy any copies as soon as possible.
All traffic may be subject to recording and/or monitoring in accordance with relevant legislation
Whilst Derbyshire Dales District Council tries to ensure that emails and attachments are virus free, this cannot be guaranteed and the Council cannot accept responsibility for situations where this is not the case.
The recipient is advised to ensure that they are actually virus free in accordance with good computing practice.
Information communicated to the council may be disclosed to the public under the Freedom of Information Act 2000.</b></font><hr>
<font color='#000000' face='Arial, Helvetica, sans serif ' size = '2'><b> Do you really need to print out this e-mail? Be<font color='#558d37'> Green<font color='#000000'> - keep it on the screen</b></font>

Horsfield, Phillip, Derbyshire Dales District Council

Dear Mr Cardin

Thank you for your request for information under the Freedom of Information Act 2000 received today, which has been forwarded to the relevant section.

The scheduled date for our response to your request for information is 31 January 2011.

If you have any queries about this request please do not hesitate to contact me. Please quote reference number FOI/002/11 in any future communications.

Yours sincerely

Phillip Horsfield
Solicitor
Direct dial: 01629 761319
Email: [email address]

Annette Reading
Democratic Services Assistant
Derbyshire Dales District Council
Matlock
Derbyshire DE4 3NN
Direct Dial: 01629 761375

show quoted sections

Horsfield, Phillip, Derbyshire Dales District Council

Dear Mr Cardin

Further to your Freedom of Information request dated 3rd January 2011,
below is our response to your questions:

1. As far as records go back, annual figures for the total number of

current employees / ex-employees of Derbyshire Dales 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).

Reply: 2010/11 - 2 agreements

2009/10 - 1 agreement

2008/09 - 2 agreements

This is the total number of agreements that the Council has entered into.
The matters to which they are related are not contained within the
agreements.

2. 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 Derbyshire Dales 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.

Reply: 0 - in no case has this been made a condition.

I hope this deals with your request. If you are unhappy with the outcome
then you have the right to complain to the Complaints Officer at
Derbyshire Dales District Council, Town Hall, Matlock DE4 3NN who will
provide you with details of the Complaints Procedure.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.

Yours sincerely

Phillip Horsfield

Solicitor

Direct Dial: 01629 761319

email: [1][email address]

Annette Reading
Democratic Services Assistant
Derbyshire Dales District Council
Matlock
Derbyshire DE4 3NN
Direct Dial: 01629 761375

[2]www.derbyshiredales.gov.uk

Derbyshire Dales District Council is rated 'Excellent' and 'Performing
Well' by the Audit Commission.

The views expressed in this e-mail are personal and may not necessarily
reflect those of Derbyshire Dales District Council, unless explicitly
stated otherwise.
This e-mail, and any files transmitted with it, is confidential and
intended for the sole use of the addressee. The unauthorised use,
disclosure or copying of the e-mail is strictly prohibited.
If you are not the intended recipient of this e-mail, please notify the
sender immediately and delete and destroy any copies as soon as possible.
All traffic may be subject to recording and/or monitoring in accordance
with relevant legislation
Whilst Derbyshire Dales District Council tries to ensure that emails and
attachments are virus free, this cannot be guaranteed and the Council
cannot accept responsibility for situations where this is not the case.
The recipient is advised to ensure that they are actually virus free in
accordance with good computing practice.
Information communicated to the council may be disclosed to the public
under the Freedom of Information Act 2000.

--------------------------------------------------------------------------

Do you really need to print out this e-mail? Be Green - keep it on the
screen

References

Visible links
1. mailto:[email address]
2. file:///tmp/www.derbyshiredales.gov.uk

Dear Horsfield, Phillip,

Thank you very much for your time,

Yours sincerely,

Paul Cardin

Paul Cardin left an annotation ()

Derbyshire Dales District Council were one of the quicker respondents of the 345 councils asked, taking 11 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 - although 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