NEARLY 100 departing council staff in Worcestershire have signed controversial 'gagging' clauses since 2006, it has emerged.

Worcestershire County Council is facing claims from transparency campaigners that it is using taxpayers' money to try and "massage its reputation" and prevent whistleblowers from speaking out.

Gagging orders were introduced by the old Labour Government under Tony Blair and are used in both the public and private sector to stop employees speaking out, either after or before they leave.

Under employment legislation they can also be used to stop workers passing on commercially sensitive information, or the circumstances on why they left.

Those who breach it face the risk of losing redundancy money in the courts, or even worse, could be liable to meet any costs of 'reputational damage' deemed by the High Court.

Since 2006 92 County Hall staff have signed them, with the numbers varying each year.

But in 2011 it was a low as four, rising to 11 in 2012 and then a whopping 38 last year, suggesting they are being used more and more often.

Freedom of Information campaigner Paul Cardin, who is based in Wirral, Merseyside, said: "It's been used as a 'get out of jail' card for councils for a long time, in fact across the public sector.

"I've looked at this around the country and it's all kept very secret, the gagging clauses vary but it usually says if people breach them they can be taken to court and lose redundancy pay, or be taken to the courts and pursued for 'detriment' to the employer.

"It gags people, but we actually need whistleblowers because if we didn't have them, nothing would ever come out.

"These clauses often include some payout too, so in essence they are using taxpayers' money to massage their reputation."

The county council says "independent legal advice" is used whenever people are signed up to gaggling clauses, and insists their use is "rare".

But it will not go into detail on why the figure has risen, and under what circumstances it considers them appropriate.

Councillor John Campion, cabinet member for transformation and change said: "The council, like many large employers, does on rare occasion make responsible and appropriate use of these agreements.

"The council subjects any proposed settlement agreement to a robust internal approval process, and the employee must have received independent legal advice from a relevant adviser."

The county council also says it does not agree with the term 'gagging clauses' and recognises them as 'settlement agreements'.

In October last year the National Audit Office criticised the use of gagging clauses, saying it risks stopping employees from speaking out about failures in the public sector.

  • We apologise that this story in the Worcerster News carried an incorrect headline referring to the City Council.