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Request:
Q1. Between 01/01/2019 and 31/12/2023, how many grievances were brought for issues relating (directly or indirectly) to disability, medical conditions, or reasonable adjustments?
Q2. Of those grievances (at 1 above), how many were from a) Police Officers and b) Police Staff?
Q3. Of those grievances (at 1 above), what is the breakdown of protected characteristics of claimants, namely gender, race, ethnicity, and sexuality.
Q4. Between 01/01/2019 and 31/12/2023, how many employment tribunal claims were lodged against your force (or an individual within your force)?
Q5. Of those employment tribunals (at 4 above), how many were brought for issues relating (directly or indirectly) to disability, medical conditions, or reasonable adjustments?
Q6. Of those employment tribunals (at 4 above), how many were from a) Police Officers and b) Police Staff?
Q7. Of those disability related employment tribunals (at 4 above), what is the breakdown of protected characteristics of the claimants namely, gender, race, ethnicity, and sexuality.
Q8. Between 01/01/2019 and 31/12/2023, how many Employment Tribunal claims had the following outcomes:
Q9. What is the total amount your force has paid in legal fees (to include contracted out legal services, as well as ‘in house’) as a consequence of Employment Tribunal claims between 01/01/2019 and 31/12/2023 (break down in years).
Q10. What is the total amount of monetary settlement your force has paid after Employment Tribunal claims between 01/01/2019 and 31/12/2023 (break down in years).
Q11. Between 01/01/2019 and 31/12/2023, what is total amount spent by force for Reasonable Adjustments by force including any Access to Work funding (break down in years).
Response:
Extent and Result of Searches to Locate Information
To locate the information relevant to your request searches were conducted within North Yorkshire Police. I can confirm that the information you have requested is held by North Yorkshire Police.
Decision
I have today decided to disclose some of the located information to you.
Q1, Q2, Q3, Q6. I am exempting any information to this part of your request pursuant to Section 40(2) of the Freedom of Information Act. Please see the exemption explanation below.
Q4. 19
Q5. 9
Q7. Male 3, Female 6 – I note that race, ethnicity and sexuality are not recorded on tribunal documentation.
Q8. Settled out of court - 1
As a result of Judicial Mediation - 2
Judgement in favour of the claimant(s) - 0
Judgement in favour of the force (or respondent if different) - 5
Not proceeded with – 6
Please note 5 claims are still ongoing so have not been included in the response to this question.
Q9. 2019-20 : £17146.30
2020-21 : £35902.22
2021-22 : £22388
2022-23 : £12129.17
Please note 5 claims are still ongoing so have not been included in the response to this question.
Q10. 2019-20 : £10000
2020-21 : £5000
2021-22 : £0
2022-23 : £0
Please note 5 claims are still ongoing so have not been included in the response to this question.
Exemption Explanation
Section 40 – Personal Information
Where an individual can be identified by such data, releasing it would clearly breach the first data protection principle of being ‘fair’ to the data subject.
Section 17 of the Act requires North Yorkshire Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies.
Section 40(2) is an absolute class based exemption, which does not require a public interest test, but requires the balancing of the legitimate interests of the public against the interests of the individual under the first Data Protection Principle; in that processing of personal data must be lawful and fair (DPA 2018 35(1), EUGDPR Article 5(1)).
This exemption applies because the right given under the FOI Act to request official information held by public authorities does not apply to the personal data of third parties where disclosure of that information would not be fair to the individual, and where there is no legitimate public interest in disclosure.
In all the circumstances of the case it has been determined that the duty to the individual under the Data Protection Act 2018 & EU General Data Protection Regulations, and the public interest in maintaining the exemption from disclosure of personal information held by the force in such instances, outweighs the public interest in disclosure. In this instance, personal information can only be disclosed to the individual concerned.
Releasing personal details to a person other than the data subject would not only breach the data subject’s Data Protection rights it may also breach the obligations placed on an authority under the European Convention on Human Rights
Pursuant to Section 17(1) of the Act this letter acts as a refusal notice under the Freedom of Information Act 2000 in relation to your request.
Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data. It should be noted therefore that this force’s response to your questions should not be used for comparison purposes with any other responses you may receive.