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Brentwood Borough Council

FOI 6587

Compromise Agreements

Request

Could you provide me with details of any compromise or confidentiality agreements or such like that Brentwood Council has undertaken with staff, interims, temps or consultants or such like in the years 2009/10, 10/11, 11/12, 12/13 and any pending such agreements please.

I would like confirmation of the number of such agreements, sums paid to those parties included within those agreements and the staff roles/positions that the agreements related to or relate to. It is not necessary to name the parties involved.

Please confirm that agreements of this kind exist.

Response

I refer to your request for the following information:

Details of any compromise or confidentiality agreements or such like that Brentwood Council has undertaken with staff, interims, temps or consultants or such like in the years 2009/10, 2010/11, 2011/12, 2012/13 and any pending such agreements.

(1) the number of such agreements.
(2) the sums paid to those parties included within those agreements.
(3) the staff roles/positions that the agreement related to or relate to.


(1) The number of such agreements.

The number of such agreements is five.

{(2) The sums paid to those parties included within those agreements}
{(3) The staff roles/positions that the agreements related to or relate to}

The sum paid to the Head of Executive Law and Probity was £58,241.75. This sum was disclosed in the Council’s Statement of Accounts for 2011/12 under Note 28 Officer Remuneration. This note, in accordance with accounting policies discloses all remuneration paid to the Council’s Senior Employees.

The Accounts for 2013/14 (once prepared) will include a similar note for the Head of Legal and Governance and the information will be available publicly at that time.

The information with regard to the other three agreements is exempt information within the meaning of the Freedom of Information Act 2000, Section 40(2) and Section 40(3)(a)(i) as it constitutes personal data of a third party the disclosure of which would contravene the first data protection principle set out in Part 1 of Schedule 1 to the Data Protection Act 1998

‘Personal data shall be processed fairly and lawfully, and in particular shall not be processed unless
(a) at least one of the conditions in Schedule 2 is met ……’

Disclosure of the information requested contravenes the first DPA principle as the processing of the information must be fair. In reaching the conclusion that disclosure would have breached the data protection principles by reason of the principle of fair processing, consideration has been given to the employees’ reasonable expectations, given that they are not senior employees, that this information would not be disclosed. In arising at this decision I am assisted by the guidance to fairness and lawfulness provided in paragraph 1(1) of Part II schedule I of the DPA which indicates that regard is to be had:

‘In determining for the purposes of the [first data protection principle] whether personal data are processed fairly, regard is to be had to the method by which they are obtained, including in particular whether any person from whom they are obtained is deceived or misled as to the purpose or purposes for which they are to be processed.’

However I am able to confirm that the total cost to the Council under the five compromise agreements entered into from 1 April 2009 to date amounts to £187,170.35.