Settlement Agreements

Summary

The requester asked for statistics on Settlement Agreements issued by the Attorney General's Chambers since September 2021 and a blank template. The authority refused to compile the statistics citing practical refusal reasons but provided a template previously issued by the Manx Industrial Relations Service.

Key Facts

• The request was received on 31 December 2024 and responded to on 2 January 2025.
• The Attorney General's Chambers does not hold a blank Settlement Agreement template.
• A template from the Manx Industrial Relations Service (MIRS) was attached instead.
• The authority cited section 11(3)(b) of the Freedom of Information Act 2015 as a practical refusal reason.
• The refusal was based on the requirement to create or derive information and undertake substantial compilation.

Data Disclosed

• 31 December 2024
• 2 January 2025
• September 2021
• 4339571
• £XXXXX
• section 11(3)(b)
• section 8(3)(a)
• section 8(3)(c)
• Equality Act 2017
• Trades Disputes Act 1985

Exemptions Cited

• Section 11(3)(b) of the Freedom of Information Act 2015 (Practical Refusal)
• Section 8(3)(a) of the Freedom of Information Act 2015 (Create or derive information)
• Section 8(3)(c) of the Freedom of Information Act 2015 (Substantial compilation or collation)

Original Request

Dear Sir, Please may you provide me with the total number of Settlement Agreements that have been issued by the Attorney General's Chambers 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

Attorney General's Chambers 2nd floor Belgravia House Circular Road, Douglas Isle of Man, IM1 1AE Telephone: (01624) 685452
E-mail: attgen@gov.im

Our ref: 4339571 2 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 Attorney General's Chambers 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."

Please find below our response to your request: While our aim is to provide information whenever possible, in this instance a practical refusal reason applies under section 11(3)(b) of the Freedom of Information Act 2015 (“the Act”), as complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) of the Act [things a public authority is not required to do by the Act], ie 8(3)(a) [create or derive information from information that it holds]; and (c) [undertake substantial compilation or collation of information that it holds].

I also advise that we don’t hold a blank Settlement Agreement, however, please find attached one that was previously provided by Manx Industrial Relation Service (MIRS).

Please quote the reference number 4339571 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.

Appointed under Section 5 of the Trades Disputes Act 1985

EQUALITY ACT 2017 employee (enter name) V PUBLIC SERVICE COMMISSION/Department

Manx
Industrial Relations Service

The Industrial Relations Officer acting in accordance with section 104 of the Equality Act 2017 has reached a settlement between the employee and employer whereby:-

1) The employment will terminate on (xxx date) (the termination date) by redundancy/or mutual agreement/or resignation. For clarity all pay and contractual benefits will cease on that day.

2) A final salary payment of £XXXXX gross will be made on (xxx date) via normal payroll

3) You are entitled to xx weeks’/months’ notice that your employment will terminate. (Select one of the options (a-c ) below)

(a) You have been given the required xx weeks’/months’ notice and you will be required to work during this period. The notice period ends on your termination date and no additional payment for pay in lieu of notice is due. Or (b) You are entitled to xx weeks’/months’ notice and you will be required to work up to and including the agreed termination date. As you will have worked only part of your notice period, you will be paid for the remaining notice of xx weeks’/months’ amounting to £xxxx gross, with your final salary.
Or (c) You will not be required to work any of your xx weeks’/months’ notice period up to the termination date, but you will receive payment in lieu of this amounting to £xxxx gross, with your final salary.

4) There is no payment due in respect of accrued but untaken holiday entitlement. OR The employer will make a payment of £xxxx/or a payment equivalent to xxx days in respect of accrued but untaken holiday entitlement (subject to tax and NI deductions).

When a compensation payment for loss of office is to be made 5) In addition to the above a further payment of £xxx will be made on xxx date. This payment constitutes a termination payment for loss of office. In accordance with section 48A, Income Tax Act 1970, the parties believe that the first £30,000 of this sum will not be subject to income tax. The Public Service Commission/Department does not warrant that no Income Tax liability arises in respect of this termination payment and the employee will be responsible for paying any Income Tax that is due. The parties believe that there is no liability to pay National Insurance contributions on any part of this payment.

If a reference is to be offered 6) Upon request from a prospective employer either verbally or in writing, the Public Service Commission/Department will provide a reference for the employee, a copy of which is attached to this agreement. Reference requests will be responded to for a period of 6 years following the termination date.

OR Upon request from a prospective employer, the Public Service Commission/Department will provide a reference for the employee. Reference requests will be responded to for a period of 6 years following the termination date.

7) The employee will return all property belonging to the Public Service Commission/ Department of xxx, in their possession. This will ordinarily include all documents in whatever format (including electronic). This will include photographic identification and security entrance cards

8) Both the employee and the Public Service Commission/Department agree not to directly or indirectly, make or publish or otherwise communicate any disparaging or derogatory statement in writing or otherwise (including on social media) which is intended to or which might otherwise be expected to damage or lower the reputation of the other party.

9) The parties agree not to disclose the fact or terms of this settlement to any third party other than their professional legal advisors, auditors, insurers or accountants, or should the Public Service Commission/Department be required to answer any Tynwald Question or to respond to a Freedom of Information request or where in any other circumstances the written consent has been obtained (such consent not to be unreasonably withheld) and in response to any such Question or request, the information to be disclosed will wherever possible be provided to an anonymised basis. Nothing in this clause will apply where such a disclosure is required by law.

The employee accepts the above in full and final settlement of all claims of whatsoever nature that he/she might have against the Public Service Commission/Department arising directly or indirectly out of his employment or its termination. For the avoidance of doubt, nothing in this agreement shall affect or otherwise prevent the employee from making a protected disclosure in accordance with Part IV of the Employment Act 2006.

Signed by employee (enter name), this being my acceptance of this settlement.

……………………………………………………….

Date…………………………….

PSC signature…………………………………….

Date……………………………. Secretary, Public Service Commission OR Department Signature…………………………. Department of xxxxx