Settlement agreements

Request data on settlement agreements and confidentiality clauses with departing staff.

Settlement agreements, sometimes called compromise agreements, are used when staff leave following a dispute. They often include confidentiality clauses. This data shows how often they are used and at what cost.

Dear [AUTHORITY NAME], Please provide the following information for [FINANCIAL YEAR e.g. 2024-25]: 1. The total number of settlement agreements entered into with departing staff. 2. The total value of payments made under settlement agreements. 3. The number of those agreements that included a confidentiality clause. 4. The job title and grade of each departing employee who received a settlement agreement. I am not asking for the names of individuals, only job titles and grades. I would prefer to receive this by email. Yours faithfully, [YOUR NAME]
Back to top ↑

Who to send it to#

Any Scottish public authority: council, health board, or government agency. Find the right authority on the Commissioner’s directory of Scottish public authorities. You can also send your request through WhatDoTheyKnow, which publishes responses online.

Back to top ↑

Tips#

  • Settlement agreements with confidentiality clauses are sometimes called “gagging clauses.” There is strong public interest in knowing how often they are used and whether they are being used to suppress concerns about public services.
  • The Scottish Information Commissioner has found in several cases that the existence and value of settlement agreements should be disclosed, even where the agreements themselves contain confidentiality clauses.
  • If the authority refuses on the basis that disclosure would breach a confidentiality clause, you can argue that the public interest in transparency outweighs the duty of confidence.