Tuesday, April 12, 2011

Compromise agreements prohibiting ex-employees from making FOI requests

Paul Cardin has been highlighting the fact that two councils (Cheshire West & Chester Council and Brent Council) have, as part of compromise agreements reached with former employees, imposed restrictions which prohibit them from making requests under the Freedom of Information and Data Protection acts. The Information Commissioner's Office has advised Paul that, in such situations, an ex-employee could still exercise their right to make requests and the authority would likely be in breach of the legislation if it refused to deal with them. However, if they did so, there may be legal consequences such as action for breach of contract. The issue has been covered by the Chester Chronicle, Roy Greenslade of the Guardian and by David Higgerson.

Paul has received legal advice and is now pursuing a claim against Cheshire West and Chester Council.
Further details about Paul's case are on his website: www.easyvirtualassistance.co.uk/page4.html

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