West Dunbartonshire Council

Yabootoyou made this Freedom of Information request to West Dunbartonshire 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.

This request is being made to make the public at large and people in each authority aware of which councils are the worst offenders or the better examples when it comes to bullying in the workplace. All councils have very similar anti-bullying / dignity at work policies, but there seems to be a difference in the level of bullying. This is intended to statistically show those differences.

Please reply to the first two questions first as they are the most important:

a) Please inform me of the cost of dealing with this request.

1) How many official complaints of harassment and bullying at work did you receive between the 1st April 2009 and the 31st December 2015?

2) How many of these complaints were upheld in favour of the
complainant?

Please reply to these questions if the £450 limit is not exceeded or in order of the questions up to the limit should the limit be surpassed somewhere within these questions:

3) How many of those which were not upheld in favour of the
complainant went on to Appeal?

4) How many of those that went to Appeal were found to favour the
complainant?

5) How many complaints went on to an Employment Tribunal?

6) How many of these were found to uphold the complaint?

7) Out of how many of those allegations (the number given to question 1) did the complainant of
bullying claim that the bullies were telling lies?

8) How many staff does your authority have and what is the current population within your authority's area?

Yours faithfully

Mr Lewis

yabootoyou

FOI, West Dunbartonshire Council

Dear Mr Lewis

We have been advised by the Office of the Scottish Information Commissioner that, where no full name is supplied in an FOI request, it cannot be regarded as valid.

We are therefore unable to accept your request as it has been submitted.

If you wish us to answer this FOI request can you please re-submit with a full name and we will process the request accordingly

Yours sincerely

David Macnaughton
Email: [West Dunbartonshire Council request email]

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Dear FOI,

The law says "At the very least, your request should include your initial and your surname."

Therefore, my initial is P.

Yours sincerely,

Mr P Lewis

Yabootoyou

David Macnaughton, West Dunbartonshire Council

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[1][IMG]
Dear Sir/Madam
 
This is to acknowledge receipt of your request for information which was
received by West Dunbartonshire Council on 
09/08/2016.                            
 
I have passed it to the relevant department to consider and respond.
 
West Dunbartonshire Council will respond within 20 working days of
receipt, by           
06/09/2016.
 
I also attach a copy of West Dunbartonshire Council current Freedom of
Information charging regime for your information.
 
 
 
 
 
  ________________________________  
The information contained in this message is confidential and is intended
for the addressee only. If you have received this message in error or
there are any problems please notify the originator immediately at -
[email address] The unauthorised use, disclosure,
copying or alteration of this message is strictly forbidden. West
Dunbartonshire Council will not be liable for direct, special, indirect or
consequential damages arising from alteration of the contents of this
message by a third party or as a result of any virus being passed on.

Unless expressly stated to the contrary, this email and its contents shall
not have any contractually binding effect on West Dunbartonshire Council
or its clients and any writings which are or could form the basis of any
agreement are subject to contract.

References

Visible links
1. http://newintranet.west-dunbarton.gov.uk...

Nicola Bailey, West Dunbartonshire Council

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Dear Mr Lewis

 

RE:  FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 – REQUEST FOR INFORMATION

 

Thank you for your request for information which was received by West
Dunbartonshire Council on 9/8/2016 about:

 

 

Bullying in the Workplace

 

 

Council’s Response

 

a)     Please inform me of the cost of dealing with this request.

 

In accordance with Section 17 of the Freedom of Information (Scotland) Act
2002, we do not hold any information on the above question.

 

1) How many official complaints of harassment and bullying at work did you
receive between the 1st April 2009 and the 31st December 2015?

 

A total of 62 official complaints were made through the grievance policy
or Dignity at Work policy since January 2013.  We do not hold the
information requested for the period 1^st April 2009 to December 2012.

 

2) How many of these complaints were upheld in favour of the complainant?

 

8 of these complaints were upheld in full and 20 were upheld in part.

 

Please reply to these questions if the £450 limit is not exceeded or in
order of the questions up to the limit should the limit be surpassed
somewhere within these questions:

 

3) How many of those which were not upheld in favour of the complainant
went on to Appeal?

 

This information is exempt under Section 38 (2) (a) (i) of the Freedom of
Information (Scotland) Act 2002 - data protection.

 

4) How many of those that went to Appeal were found to favour the
complainant?

 

This information is exempt under Section 38 (2) (a) (i) of the Freedom of
Information (Scotland) Act 2002 - data protection.

 

5) How many complaints went on to an Employment Tribunal?

 

This information is exempt under Section 38 (2) (a) (i) of the Freedom of
Information (Scotland) Act 2002 - data protection.

 

6) How many of these were found to uphold the complaint?

 

This information is exempt under Section 38 (2) (a) (i) of the Freedom of
Information (Scotland) Act 2002 - data protection.

 

7) Out of how many of those allegations (the number given to question 1)
did the complainant of bullying claim that the bullies were telling lies?

 

In accordance with Section 17 of the Freedom of Information (Scotland) Act
2002, we do not hold any information on the above question.

 

8) How many staff does your authority have and what is the current
population within your authority's area?

 

West Dunbartonshire Council employs 5761 employees and the population of
West Dunbartonshire is 89,590.

 

This information has been disclosed in terms of the Freedom of Information
(Scotland) Act 2002.  Information disclosed to you may be subject to
copyright laws.  By providing this information, West Dunbartonshire
Council does not waive copyright nor does it create or provide a right to
publish, disclose, reproduce, re-use or alter this information without
consent of those parties holding the copyright.

 

Review Procedure

 

If you are dissatisfied with the way in which West Dunbartonshire Council
has dealt with your request, you are entitled to require the Council to
review its decision.  Please note that in order for a review to take
place, you must:

 

·         lodge a written requirement for review within 40 working days of
the date of this letter;

 

·         include your address for correspondence, a description of the
original request and the reasons why you are dissatisfied; and

 

·         address your review request to Manager, Legal Services:

 

Alan Douglas

Manager, Legal Services

Legal, Democratic and Regulatory Services

West Dunbartonshire Council

Council Offices

Garshake Road

Dumbarton

G82 3PU

 

Email:        [1][email address]

Fax:           (01389) 737870

 

The review will be handled by staff who were not involved in the original
decision.  You will receive notice of the result of your review within 20
working days.  It will explain the findings of the review as well as
details of how to appeal to the Office of the Scottish Information
Commissioner if you are dissatisfied with the review decision reached by
West Dunbartonshire Council.

 

If you have any further queries about this process, please contact Nicola
Bailey, Lead HR Adviser.

 

Yours sincerely

[2]2FFA2CE5

Nicola Bailey

Lead HR Adviser - HSCP

People and Technology

Garshake Road

Dumbarton

 

01389 737302

[email address]

 

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Dear West Dunbartonshire Council,

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

I am writing to request an internal review of West Dunbartonshire Council's handling of my FOI request 'West Dunbartonshire Council'.

I believe the data you have refused to provide, you say it being personal data, is not such and should be released. I point you to a decision in Rutland recently detailed below. Whilst I acknowledge that that case was in England and you are in Scotland, I would be willing to complain to the Scottish ICO on the same basis if necessary.

"Decision (including any steps ordered)

1. The complainant submitted an eight-part request for information about harassment and bullying complaints in the workplace. Rutland County Council (the ‘Council’) provided some information, but refused the remainder citing sections 40(2) of FOIA, personal information, and 12, the cost exclusion. The complainant was concerned only with the Council’s reliance on section 40(2) which was applied to parts 2 to 6 of his request.

2. The Commissioner’s decision is that the Council has incorrectly applied the exemption for personal data at section 40(2) of FOIA to parts 2 to 6 of the request, as the withheld information is sufficiently anonymised to take it out of the definition of personal data. "

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/w...

Yours faithfully,

Mr Lewis

Yabootoyou

Stephen Wight,

Good Afternoon Mr. Lewis,

As you can see below, I am the Freedom of Information Officer for West Dunbartonshire Council and
I have reviewed the answers that were sent to you by our HR department.

The revised answers to questions 3 through 6 are as follows -

3) 1.
4) 0.
5) 2 people have went to Employment Tribunals but harassment or bullying at work form only part of their
criteria for taking this action.
6) These tribunals are still ongoing so we cannot give a definitive answer to question 6.

As stated in the FOI response, we do not hold information for question 1 before January 2013 nor question 7.

Kind Regards,

Stephen.

Stephen Wight
Freedom of Information Officer
Legal, Democratic and Regulatory Services
01389 737227
[email address]

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