The complainant requested information held by Wakefield Metropolitan District Council (the council) in relation to the settlement of employment tribunal proceedings brought by six former council employees under the Public Interest Disclosure Act 1998 who were dismissed for whistle blowing. In particular, he asked for the total amount paid to the former employees. The council has refused to provide this information as it believes it is exempt under section 40(2) of the Act in that it constitutes the personal data of the former employees and processing of it would be unfair and unlawful under the Data Protection Act 1998 (DPA). Also the council has cited section 41 on the basis that the information was provided in confidence. The Commissioner has decided that neither sections 40(2) or 41 are engaged and accordingly has ordered that the withheld information be disclosed in 35 days.
Section of Act/EIR and Finding: FOI 40 – Complaint Upheld, FOI 41 – Complaint Upheld
Citations:
[2009] UKICO FS50178553
Links:
Jurisdiction:
England and Wales
Information
Updated: 15 May 2022; Ref: scu.532260
