Settlement Agreements

Summary

The requester asked for the number, reasons, and compensation figures of Settlement Agreements issued by Manx Care since September 2021, along with a template. Manx Care provided the total count and cumulative cost but withheld specific compensation figures and reasons due to privacy concerns and the requirement not to create new data, while also stating no standard template exists.

Key Facts

• Manx Care issued a total of 23 Settlement Agreements between September 2021 and February 2025.
• Specific compensation figures for individual agreements were withheld to prevent the disclosure of personal data.
• Categorizing agreements by reason (e.g., disciplinary) was deemed impracticable as records do not contain this data in an immediate form.
• Manx Care does not hold a single standard template for Settlement Agreements as wording varies by circumstance.
• The response was delayed beyond the statutory 20 working days due to the holiday period and the need to coordinate with shared services.

Data Disclosed

• September 2021
• 2025-02-13
• 2024-12-31
• 20 working days
• 27 January 2025
• 30 January 2025
• 12 February 2025
• 3
• 13
• 5
• 2
• 23
• £692,457.47
• FOIA # 4339579
• Section 8 (3) (A) of the FOIA 2015

Exemptions Cited

• Section 8 (3) (A) of the FOIA 2015 (no requirement to create or derive information)
• Personal data and confidentiality concerns regarding specific compensation figures

Original Request

Dear Sir, Please may you provide me with the total number of Settlement Agreements that have been issued by Manx Care 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 (2)

Full Response Text

Manx Care Noble’s Hospital, Strang Braddan, Isle of Man IM4 4R (01624) 650 000 Our ref: 4339575 12 February 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 Manx Care 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: I have detailed below the information that is being released to you.
Introduction We endeavour to respond within 20 working days and this, accordingly, should have been provided on Monday 27 January 2025. However, we were unable to seek all the materials needed and to conclude the assessment to respond to your request and sent a holding email to you on 30 January 2025. In part this is because the information to address this is not all held in one location, or with a particular shared service. Also, your request was made during the holiday period and this led to delays in identifying and receiving the necessary information and co-ordinating this process so as to provide a full and accurate reply. We apologise for the delay. The additional time has meant we are able to provide a fuller response than would have otherwise been possible. Approach Adopted The FoIA requires public authorities such as Manx Care to provide information held by it or on its behalf, but that does not require the body to create or derive information or to research into or analyse information held. Manx Care employs staff under Manx Pay Terms and Conditions (MPTC), Hospital Medical and Dental Terms and Conditions (HMD) and through bank locum arrangements. It also has a number of staff provided by the Public Services Commission (PSC), who are stationed at, but not employed directly by, Manx Care. Manx Care is required to use Government shared services including the Office of Human Resources (OHR) and it holds the majority of HR records including records of where settlement agreements have been used. In addition, the Public Service Commission (PSC) is also involved because many Manx Care staff are stationed to it from the PSC, which remains the employer and has specific powers in a variety of areas including settlement agreements. Accordingly, we have sought information held on its behalf by OHR and PSC to address your request as well as material held within Manx Care.
In order to provide advice and assistance, we are aware that the PSC has been asked a similar question, FOIA # 4339579. Accordingly, there is some overlap or duplication in that the PSC’s response will include some elements that relate to Manx Care stationed employees. It is considered that the number of agreements in the period specified can be provided; these are broken down into financial years (or part thereof). Providing reasons by categories is not considered to be practicable because the records available do not contain such data or not in any immediate form without the extent of analysis that is outside the requirements of the FoIA, Section 8 (3) (A) of the FOIA 2015, Nothing in this Act requires the public authority to – create or derive information from information that it holds. Settlement agreements are commonly stated to be for the reason of ‘loss of office’.
You request details of the ‘compensation figure’ associated with each agreement. In addressing your request, Manx Care is also required to consider whether this would involve or risk disclosing personal data. Given the small number, especially in more recent years, it is considered that providing the specific details of payments per agreement would be liable to disclose personal and confidential data and, accordingly, this is not provided as detailed below. We do provide a cumulative figure of sums paid, but in doing so provide the whole amount figure, which often includes contractually due sums including notice and is this arguably wider than a purely compensation payment. Some agreements do not involve any payment or any payment that may be considered to be compensation. Distinguishing the figures further would entail disproportionate analysis. September 21 to March 22 3 April 22 to March 23 13 April 23 to March 24 5 April 24 to date 2 Total Cost of SAs for the Period £692,457.47 Turning to your request as to a template Manx Care does not have one. The content and wording of such agreements varies according to the circumstances. As noted above OHR provides services to Manx Care and it is understood that the practice is to use a template provided by Manx Industrial Relations Service (MIRS).
“This template is owned by the Manx Industrial Relations Service (MIRS). Conciliated settlement agreements are brokered by an Industrial Relations Officer, in accordance with the provision of the Equality Act 2017. In most cases, a conciliated settlement agreement will contain a payment for notice pay, any contractual payment such as accrued but untaken holiday pay and, fairly typically, a payment for loss of office for the employee. You may wish to make a request to the MIRS in order to obtain a blank template used for conciliated settlement agreements”. In conclusion Manx Care is unable to provide some of the information you have requested because it is absolutely exempt under section 25 (2) (b) of the FOIA 2015 (absolutely exempt personal information). Specifically, section 25 2 (b) (i) and (ii) due to the fact that It is considered providing further details including the details requested would entail providing personal data which you are not the data subject or would allow such data to be deduced and thus disclosed. Manx Care is satisfied that disclosure of the information would contravene one of the data protection principles as set out at Article 5 of the GDPR as it applies in the Isle of Man pursuant to the Data Protection (Application of GDPR) Order 2018, namely that Manx Care can only disclose such information where it would be fair, lawful and meet one of the conditions for lawful processing in Article 6 and in this case none of those conditions are considered to have been met. Finally we have specifically considered whether redaction of the information was a viable alternative but given the overall numbers of such agreements this was not considered not to be a viable alternative as it might be possible that third parties could identify individuals. Please quote the reference number 4339575 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.