FOI / 3795 / 2018 - Confidentiality Clauses

Thank you for your request for information under the Freedom of Information Act 2000. I can confirm that Essex County Fire & Rescue Service does hold this information.

Please find the response to your request below and in the attached excel file.

Initial request: Please can you process the following questions as a freedom of information request:

A) How many non-disclosure agreements has the authority agreed in each of the calendar years of 2014, 2015, 2016 and 2017? Please provide individual figures per year. Please also provide reasons for the agreements being agreed where possible (e.g. 2 whistleblower complaints). Please provide the total number of NDAs but also the different types of NDA agreements (e.g. whistleblower complaint/ / sexual harassment complaint etc.). Please make clear if the agreements concern commercial companies rather than employees.

B) Please provide the total amount of financial compensation awarded as part of these agreements for the entirety of this period in £.

Please provide the information in the attached spreadsheet.

Below is a definition if helpful:

"NON-DISCLOSURE AGREEMENTS

Non-Disclosure Agreements is a catch-all term for agreements that include confidentiality clauses ? sometimes referred to as gagging clauses.

They are used in employment contracts for a range of purposes including, for example, protecting intellectual property, trade secrets or other confidential information such as customer details.

They are also commonly used in agreements that are reached between employers and employees when employment is terminated (known as settlement agreements).

However, there has also been criticism of their use in sexual harassment cases, with concerns that they may be used to conceal improper, discriminatory or even illegal behaviour or to impede reporting of such behaviour to the proper authorities."

Source:

https://www.parliament.uk/business/committees/committees-a-z/commons-select/women-and-equalities-committee/news-parliament-2017/sexual-harassment-workplace-evidence-17-191/

Authorities are duty bound to reveal these agreements under the FOIA, as made clear in this government guidance concerning NDAs.

https://www.gov.uk/government/publications/non-disclosure-agreements/non-disclosure-agreements

Final response:

Please see the excel spreadsheet attached in the email. This information is available on the Service?s website, under the Authority?s financial information.

http://www.essex-fire.gov.uk/documents/EFA_Statement_of_Accounts/

All employees that have exited the organisation on a settlement agreement basis will have been required to sign an agreement

Thank you for your interest in Essex County Fire And Rescue Service.