Total Annual Figures for Compromise Agreements, etc.

Paul Cardin made this Freedom of Information request to East Riding of Yorkshire 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 refused by East Riding of Yorkshire Council.

Dear East Riding of Yorkshire Council,

Please supply totals for the following:

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

East Riding of Yorkshire Council

1 Attachment

Dear Mr Cardin,

Further to your recent request for access to information, please see the
attached letter.

Regards

Iain Edmiston
Senior Committee Manager
East Riding of Yorkshire Council
(01482) 393208
(See attached file: F8FF442818C611E0846700199952B4DD.doc)

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East Riding of Yorkshire Council

1 Attachment

Dear Mr Cardin,

Further to your recent request for access to information please see the
attached letter.

Yours sincerely

Tracey Tomlinson
Democratic Services Officer
East Riding of Yorkshire Council
01482 393203
(See attached file: E713CD73286711E08B1D0019992C2B79.doc)

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Dear East Riding of Yorkshire Council,

Thanks very much for your response. I appreciate your position however this query is identical to one which has been sent to ALL English councils. So far, I have had 90 full and detailed positive responses. These councils did not have any difficulty in responding
to what I regard as a perfectly reasonable request.

I am currently involved in research in this area and in order to make the task somewhat more manageable, can I make the following changes?

Please can you exclude compromise agreements drawn up in the following circumstances:

1. Purely redundancy situations
2. Purely PILON (payment in lieu of notice) situations
3. Equal pay claims
4. TUPE situations
5. COT3 agreements (where tribunal proceedings may or may not have been initiated)

Also, to assist you further, I will narrow the time period down to between the years 2005 to 2010 i.e. the last six years.

Given that a total of 90 councils have not found any difficulty, I imagine that they may be taking a different approach to searching for the information.

Can I suggest that you query your Accounts Department? I ask this because when employees leave in the circumstances I am describing, they tend to be offered a financial incentive to end their working contracts. Your Accounts department is required to keep a detailed
electronic record of all such payments. As they should be keeping an adequate data storage / retrieval system, it will not be too arduous a task for them to provide Annual total figures for compromise agreements drawn up in these circumstances.

You could also put in a call to your Legal Department who may keep a similar searchable database.

I hope the above information assists you. I don't believe that the possession of an inadequate data storage / retrieval system warrants the use of an exclusion under the FOI Act and look forward to your response,

Yours sincerely,

Paul Cardin

Yours faithfully,

Paul Cardin

East Riding of Yorkshire Council

1 Attachment

Dear Mr Cardin,

Further to your recent request for access to information please see the
attached letter.

Yours sincerely,

Tracey Tomlinson
Democratic Services Officer
East Riding of Yorkshire Council
01482 393203
(See attached file: CDFCF4012D2311E0B2840019992C2B7A.doc)

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Dear East Riding of Yorkshire Council,

Your review is now overdue by 3 days. Many thanks.

Yours faithfully,

Paul Cardin

East Riding of Yorkshire Council

3 Attachments

Dear Mr Cardin,

Thank you for your email. I am sorry that you have not yet had a response
which I will chase up.

Kind regards,

Tracey Tomlinson
Democratic Services Officer
East Riding of Yorkshire Council
01482 393203
[1]Inactive hide details for Paul Cardin
<[FOI #56629 email]>Paul Cardin
<[FOI #56629 email]>

Paul Cardin To [email address]
<[FOI #56629 email]> cc
Subject Re: Freedom of Information Act
19/02/2011 18:32 request

Dear East Riding of Yorkshire Council,

Your review is now overdue by 3 days. Many thanks.

Yours faithfully,

Paul Cardin

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Dear East Riding of Yorkshire Council,

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

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

This review was initiated at your end on 31st January. It hasn't started yet, but this request for an internal review is made in order to keep things tidy and to avoid any confusion. Please take into account all the information I have supplied to date.

I should notify you that since 1st January 2011, a total of 227 English Councils have responded positively and in full. If ultimately it's not possible to release the information, I'd like to ask why some areas of the country are better served than others, after 11 years of Freedom of Information.

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

East Riding of Yorkshire Council

2 Attachments

Dear Mr Cardin,

This is a message to confirm that I will be responding to your request for
a review of the decision not to disclose information under the Freedom of
Information Act. I will respond to that request shortly.

Yours sincerely

Helena Coates
Democratic Services Manager

East Riding of Yorkshire Council
County Hall
Beverley
HU17 9BA
(01482) 393210

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East Riding of Yorkshire Council

1 Attachment

Dear Mr Cardin,

Please find attached the outcome of your review request.

Yours sincerely

Helena Coates
Democratic Services Manager

East Riding of Yorkshire Council
County Hall
Beverley
HU17 9BA
(01482) 393210
(See attached file: FOI 2264 Review.doc)

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Paul Cardin left an annotation ()

East Riding of Yorkshire Council went to internal review, before deciding against supplying the information.

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 less controversial areas of redundancy, severance or equal pay claims. Some councils have yet to answer this query - and to date, 65 working days have elapsed.