Settlement Agreements

Summary

The requester asked for the total number, reasons, and compensation figures for Settlement Agreements issued by the Department of Education, Sport and Culture since September 2021, along with a blank template. The authority disclosed the total count and annual compensation totals but withheld specific reasons for individual agreements due to data protection exemptions.

Key Facts

• 13 Settlement Agreements were issued between September 2021 and December 2024.
• Specific reasons for settlements were withheld to prevent identification of individuals.
• Total compensation figures were provided broken down by financial year.
• A blank template was not provided as agreements must be brokered by the Manx Industrial Relations Service (MIRS).
• The public interest test favored withholding personal data over transparency in this instance.

Data Disclosed

• 13
• 01 September 2021
• 30 December 2024
• £8,901.50
• £75,595.89
• £9,203.46
• £11,819.25
• 09/2021 - 04/2022
• 05/2022 - 04/2023
• 05/2023 - 04/2024
• 05/2024 – 04/2025

Exemptions Cited

• Section 8 of the Data Protection Act 2002 (Personal Data)
• Section 39 of the Freedom of Information Act 2015 (Qualified Exemption)

Original Request

Dear Sir Please may you provide me with the total number of Settlement Agreements that have been issued by the Department of Education, Sport and Culture between September 2021 and current. Please may this be broken down into a table which categorises the reason for the Settlement Agreement (e.g. disciplinary etc.) and also the monetary compensation figure associated with each respective Settlement Agreement. Lastly, please may you provide me with a blank copy of the Settlement Agreement that is currently on file that would be used as a template to fill in the blanks as per se. Thanks.

Data Tables (1)

Full Response Text

Policy, Strategy and Governance Division Department of Education, Sport and Culture Thie Slieau Whallian Foxdale Road St Johns IM4 3AS

Telephone: (01624) 685808 Website: www.gov.im/dec Email: dec@foi.gov.im

Our ref: 4339569 29 January 2025

Dear ###,

We write further to your request, received 31 December 2024, which states:

"Dear Sir,

Please may you provide me with the total number of Settlement Agreements that have been issued by the Department of Education, Sport and Culture between September 2021 and current.

Please may this be broken down into a table which categorises the reason for the Settlement Agreement (e.g. disciplinary etc.) and also the monetary compensation figure associated with each respective Settlement Agreement.

Lastly, please may you provide me with a blank copy of the Settlement Agreement that is currently on file that would be used as a template to fill in the blanks as per se.

Thanks."

Our response to your request is as follows:

Please may you provide me with the total number of Settlement Agreements that have been issued by the Department of Education, Sport and Culture between September 2021 and current.

The total number of Settlement Agreements that have been issued by the Department of Education, Sport and Culture between 01 September 2021 and 30 December 2024 is 13.

Please may this be broken down into a table which categorises the reason for the Settlement Agreement (e.g. disciplinary etc.) and also the monetary compensation figure associated with each respective Settlement Agreement.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the requested information, specifically individual reasons for the settlement agreements, as the Department determines that to provide the information in the requested format would potentially enable the identification of individuals.

While our aim is to provide information whenever possible the information is exempt as it constitutes personal data of a person other than you and under section 8 of the Data Protection Act 2002 the data subject would be entitled to prevent disclosure of the information to a member of the public otherwise than under that Act.

As section 39 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large. The matters which were considered in applying the public interest test are as follows:

Factors in favour of disclosure
- To promote transparency and accountability.

Factors in favour of withholding
- Individuals have a general expectation that details of their settlement agreement will remain anonymised. Disclosure of this information would contravene that expectation and cause an intrusion into the privacy of the data subject which may lead to some distress.
- Whilst the Freedom of Information Act 2015 promotes transparency and accountability and therefore there may be some public interest in the reason for an individual’s settlement agreement being disclosed, it is not sufficient to outweigh an individual’s right for this information to remain private.

In taking these factors into account the Department of Education, Sport and Culture determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information. The total monetary compensation figures, for each year, are as follows:

Year Total Value 09/2021 - 04/2022 £8,901.50 05/2022 - 04/2023 £75,595.89 05/2023 - 04/2024 £9,203.46 05/2024 – 04/2025 £11,819.25

By way of advice there are a number of reasons why a conciliated settlement agreement may be considered appropriate and these include the Public Services Commission (PSC) Mutually Agreed Resignation Scheme (MARS), buying out of terms and conditions, voluntary redundancies and settlement of employment disputes. In certain cases using a conciliated settlement agreement may be more cost-effective.

The circumstances of agreed settlements are frequently complex, with a variety of factors having an influence on the terms of agreement. Each case is considered on its own merits with appropriate advice being sought.

Lastly, please may you provide me with a blank copy of the Settlement Agreement that is currently on file that would be used as a template to fill in the blanks as per se.

In accordance with the Employment Act 2006, Section 164 and the Equality Act 2017, Section 104, a settlement agreement is only valid when brokered under the auspices of the Manx Industrial Relations Service, (MIRS) and any such financial settlements paid on termination are properly concluded by MIRS. The Settlement Agreement template held by OHR has been provided by MIRS for the assistance of Isle of Man Government employers.

Please quote the reference number 4339569 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.

Yours sincerely