Tribunals

Summary

The requester asked for the number of employment tribunals lost and associated payout costs by the Department of Health and Social Care since January 2019. The authority responded that the information is not held by them as it may be held by Manx Care following a 2021 restructuring, and directed the requester to the Isle of Man Courts Judgements Online.

Key Facts

• The Department of Health and Social Care does not hold the requested tribunal data.
• The information may be held by Manx Care due to the separation of policy and service delivery.
• The Department was redesigned on 1 April 2021 following Sir Jonathan Michael's Independent Review.
• The authority cited Section 11(3)a of the Act as a practical refusal reason.
• The requester was advised that the information is publicly available on the Isle of Man Courts Judgements Online.

Data Disclosed

• 2052498
• 2021-10-25
• 2021-11-17
• 16 November 2021
• January 1 2019
• 1 April 2021
• Section 11(3)a
• Section 20
• Part 2 of the Freedom of Information Act 2015

Exemptions Cited

• Section 11(3)a of the Act (Information not held)

Original Request

I seek the publication of the number of how many employment tribunals DHSC has lost since January 1 2019 and the total cost of the payouts for each year.

Data Tables (1)

Full Response Text

Chief Executive: Kathryn Magson Freedom of Information Team Crookall House Demesne Road Douglas Isle of Man IM1 3QA

Our ref: 2052498 16 November 2021

Dear ###

We write further to your request which was received on 25 October 2021 and which states:

"I seek the publication of the number of how many employment tribunals DHSC has lost since January 1 2019 and the total cost of the payouts for each year."

While our aim is to provide information whenever possible, in this instance the Department of Health and Social Care ('the Department') is unable to provide the information that you have requested. This is in line with Section 11(3)a of the Act, as a practical refusal reason applies; namely we do not hold or cannot, after taking reasonable steps to do so, find the information that you have requested as it may be held by Manx Care. The Department of Health and Social Care redesigned on 1 April 2021 as a direct result of Sir Jonathan Michael’s Independent Review of the Isle of Manx Health and Care System. This Review continues to be a catalyst for change and improved service provision. The redesigned Department ensures the separation between the setting of policy and strategy and the delivery of services by Manx Care. To provide advice and assistance, under section 20 of the Act, public authorities are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. To provide further advice and assistance, the information requested is publicly available on the Isle of Man Courts Judgements Online https://www.judgments.im/content/@54.htm Please quote the reference number 2052498 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper

version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.