Freedom of Information was requested by Fiona Bell @Unity_portal to Mersey Care NHS Foundation Trust regarding compromise agreements. The response was a staggering 443. This is the number of staff who have been paid not to take matters forward. Many would been whistleblowers raising of concerns – some serious which had resulted in dismissal.
What is a settlement agreement?
Settlement agreements (previously known as compromise agreements) are legally binding agreements, which are normally used to settle disputes on the termination of employment.
Once you sign a settlement or compromise agreement, you will not be able to pursue any potential claims that you may have against your employer. Settlement agreements often contain a full and final settlement clause under which you agree to accept a cash lump sum payment in return for giving up any claims arising from your employment or its termination.
More information on Compromise agreements
Email: Freedomofinformation@merseycare.nhs.uk
27 July 2016
FREEDOM OF INFORMATION REQUEST AND RESPONSE
Further to your Freedom of Information request in respect of compromise agreements, please find a reply below.
Please can you advise me in regards to the last 5 years?
How many compromise agreements has the trust entered into with staff or former staff?
YEAR | COMPROMISE AGREEMENTS WITH STAFF/FORMER STAFF |
2012 |
69 |
2013 |
58 |
2014 | 119 |
2015 | 135 |
2016 | 62 |
TOTAL | 443 (including 441 MARS) |
How many of these compromise agreements require staff members not to discuss the existence of the compromise agreement itself?
The total amount of 443 staff members (including 441 MARS) are required not to discuss the existence of the compromise agreement itself.
How many of these compromise agreements contain non-disparagement clauses that require staff members not to criticise the employees of the trust?
As above, the 443 staff members (including 441 MARS).
If you are unhappy with the way your request for information has been handled, you can request a review by writing to:
Linda Yell,
Information Governance Manager
Mersey Care NHS Foundation Trust
This represents vast sums of monies which has been paid for by the taxpayer which should have been used for patient care in the NHS. Instead this has been used to ‘shut up’ staff and ultimately destroy their careers. The cost will not only be the sum paid to individual staff but will include vast sums spent on legal fees. The cost is of course far higher if loss of valuable staff member from the workforce is considered.
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