Request
I am writing to request the following information:
1] The total number of employment grievances lodged against the Trust during the financial year 2008-2009, not including accident claims.
2] The total number of employment grievances that progressed to an Employment Tribunal during the financial year 2008-2009 and of these claims:
i) the number of cases that concluded and were successfully defended by the Trust at Tribunal;
ii) the number of cases that concluded and succeeded against the Trust at Tribunal;
iii) the number of cases that concluded and which resulted in a settlement;
iv) the total amount of settlement paid or agreed to be paid by the Trust for cases concluding during the financial year 2008-2009.
3] The total number of employment grievances that concluded and were compromised during the financial year 2008-2009. And of these claims:
i) the total amount of settlement paid or agreed to be paid by the Trust.
4] The total sum of money paid or agreed to be paid by the Trust for legal advice and work relating to employment issues during the financial year 2008-2009. (This is typically overseen by the Trust’s human resources or personnel department.) 5] The total number or proportion of employment disputes lodged against the Trust resulting in agreements containing a ‘non-disparagement clause’ during the financial year 2008-2009. (This should include all settlements achieved by way of COT3 and Compromise Agreements.) 6] Out of all employment disputes lodged against the Trust, the number of cases resulting in re-instatement or re-engagement during the financial year 2008-2009.
Our response
I refer to your email requesting information in respect of Employment Disputes.
I note that you have referred to NHS East Midlands as a trust. Please note that this is incorrect as we are a Strategic Health Authority. Our role is to relay and explain national policy, set direction and support and develop all NHS Trust bodies (Primary Care Trusts and NHS Trusts providing acute, mental health and ambulance services).
However, I can confirm in accordance with S.1 (1) of the Freedom of Information Act 2000 (FOIA) that we do hold the information that you have requested.
Having considered your request, we are of the opinion that the information you have requested is protected by Section 40 (2) of the FOIA which is an absolute exemption relating to Personal Information. The information requested relates to less than 5 members of staff and so is in line with the current guidance available to us on the use of small number data. The purpose of section 40 of the Act is to protect personally identifiable information and the privacy of living persons.
Nevertheless, Section 12 of the FOIA places a duty on us to provide help and assistance where necessary so I will address each of your questions in turn:-
1] The total number of employment grievances lodged against the Trust during the financial year 2008-2009, not including accident claims.
• below 5
2] The total number of employment grievances that progressed to an Employment Tribunal during the financial year 2008-2009 and of these claims:
i) the number of cases that concluded and were successfully defended by the Trust at Tribunal;
• zero
ii) the number of cases that concluded and succeeded against the Trust at Tribunal;
• zero
iii) the number of cases that concluded and which resulted in a settlement;
• below 5
iv) the total amount of settlement paid or agreed to be paid by the Trust for cases concluding during the financial year 2008-2009.
• zero
3] The total number of employment grievances that concluded and were compromised during the financial year 2008-2009. And of these claims:
• below 5
i) the total amount of settlement paid or agreed to be paid by the Trust.
• below £5,000
4] The total sum of money paid or agreed to be paid by the Trust for legal advice and work relating to employment issues during the financial year 2008-2009. (This is typically overseen by the Trust’s human resources or personnel department.)
• Core Strategic Health Authority £18, 332
East Midlands Healthcare Workforce Deanery £11, 303
5] The total number or proportion of employment disputes lodged against the Trust resulting in agreements containing a ‘non-disparagement clause’ during the financial year 2008-2009. (This should include all settlements achieved by way of COT3 and Compromise Agreements.)
• below 5
6] Out of all employment disputes lodged against the Trust, the number of cases resulting in re-instatement or re-engagement during the financial year 2008-2009.
• Zero
I hope that this information is of use. If you are dissatisfied with the way in which we have dealt with your request you can ask us to review our decision by writing to:-
Mr Kevin Orford
Deputy Chief Executive and Director of Finance
NHS East Midlands
Octavia House
Interchange Business Park
Bostock's Lane
Sandiacre
Nottingham
NG10 5QG
If at the conclusion of any review you remain dissatisfied you may complain to the Information Commissioner who can be contacted at:-
The Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
