Total Annual Figures for Compromise Agreements, etc.

The request was successful.

Dear Babergh District Council,

Please supply totals for the following:

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

Data Protection, Babergh District Council

1 Attachment

Please find attached acknowledgement of your Freedom of Information
request received in this office on 4th January 2011

Jenni Green
Information Officer
Corporate Division
01473825753 ext 2153

-----Original Message-----
From: Paul Cardin [mailto:[FOI #56254 email]]
Sent: 01 January 2011 21:12
To: Data Protection
Subject: Freedom of Information request - Total Annual Figures for
Compromise Agreements, etc.

Dear Babergh District Council,

Please supply totals for the following:

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

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Data Protection, Babergh District Council

1 Attachment

Please find attached the response to your request submitted on 4th
January 2011

Jenni Green
Information Officer
Corporate Division
01473825753 ext 2153

_____________________________________________________________________
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error then please notify [email address] then delete it, and note that it is prohibited for you to copy, disclose or otherwise use the message and any files attached to it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Babergh District Council. Babergh District Council reserves the right to monitor email communications on any part of its network.
This footnote also confirms that this email message has been scanned for the presence of computer viruses, although Babergh District Council cannot guarantee that this message has reached you complete and/or virus free and advises you to undertake your own checks.

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Paul Cardin left an annotation ()

Babergh District 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