The Suffolk Fire Experience - Doc 152 Reasons to Re-Elect Ruth Winters FBU President

Comments Doc 151


Seems the transfer request (Doc 7) X put in 18 months earlier isn’t worth the paper it’s written on.

Nor would it seem the missive (Doc 20) Temporary Deputy Chief Fire Officer Seager sent to all Sub Officers in May 1997. Seems that according to DO Bob’s or is it Boobs interpretation the Lowestoft watch Sub Officers do in fact have an inalienable to remain operational by post blocking. So says DO R Batchelor Oficer (Training)

Quite fortunate Divisional Oficer Boobs is not responsible for spelling.

A short while in the future the same conundrum would be posed to Divisional Oficer Boobs by Bob Ayers who was eager to obtain a Sub Officer post. On that occasion Divisional Oficer Boobs advice was to buy a Honda 50cc moped and a gallon of petrol and put in for a Sub Officers job at Ipswich. Thus giving eager Bob Ayers a cheap 96 mile return trip up and down the A12 every working day and night. As might be expected Eager Bob Ayers was a little peeved and the utterance wanker, amongst many other derogatory terms were to express his disgust at Divisional Oficer Boobs patronising advice. But no harm done as Eager Bob evolved into Wise Bob Ayers when he jumped ship and bagged a job with Norfolk Fire Service and as part of the bargain a lot less travelling.

The Suffolk Fire Experience - Doc 151 Lowestoft Fire Station Open Day

Note for Case



On Wednesday 29th July I was asked by Sub. Officer Wrigglesworth if he could discuss his future in the Training Department. He indicated that he had, had a request to leave the department for some considerable time, and was asking how this request was progressing. I indicated to him that during the last year there had been at least four posts for Sub. Officer advertised in the brigade. He replied that he had not applied for any of these posts. I explained that he could not expect to move out of the department if he did not apply for posts advertised. He then indicated that he only really wanted to move to the watch downstairs at Normanshurst. I explained that it was extremely unlikely that the Brigade would transfer him to a watch at Normanshurst in light of the fact that all the existing watch officers at Lowestoft were either ex training staff, or were not yet in a position to move into training. I explained that he would remain within the training department for the immediate future, or until such time as either he applied for a move as part of a promotion application or until the Brigade required him to move as part of a career development. He still has a considerable number of years to serve and a move in the near, rather than distant future would be best for all concerned, particularly as his interest in the training department is less than enthusiastic. R Batchelor Divisional Oficer (Training)

The SFE - Doc 150 FBU Industrial Action 2006

Zedgen (revised)

SUFFOLK FIRE SERVICE

To: C.F.O.
Suffolk Fire Service
cc Stn O Tng

From: SubO. Davey
Station 055

Date 29th July 1998

Sir,

May I respectfully request the following leave:

03.08.98 Public Holiday course commitment at Sizewell B FTT

Yours sir

K.P. Davey

The SFE - Doc 149 Felixstowe Fireman Vacancies

Extracts from Divisional Officer Colin Hodge’s notebook
27th July 1998

Page # 153
Time and
Reference

Monday 27th July 1998
Discipline Case Sub/O Wigglesworth
11.30 I took a statement from Miss Sarah Davies HRM at BHQ……..

Page # 154
Time and
Reference

…………relating to her e/mail to the DCFO on the 4 June 98 and also as to her knowledge of the near miss report completed by Sub/O Wigglesworth on the same day. Interview finished and statement signed at 1205 hours

The SFE - Doc 148 Felixstowe Firefighter Vacancies

ANALYSIS Doc 147

THE STATEMENT OF SARAH DAVIES 27TH JULY 1998

Once again is it a case of when short of weighty substance and a wad of documentation it’s best the investigator opts for width rather than quality. Lets recap that the investigation has been on the run since 10th June 1998. Yet it’s only at the last push up the intrepid trumpet player from Ipswich, DO Colin Hodge or Hog if spell checked decides to obtain a statement from Sarah Davies (now Meelan). And then we can add that both work out of Brigade Headquarters in Ipswich and must interact on a regular basis.

To this is there not is also a concern to the validity of Miss Davies statement which is no doubt distorted by near on 2 months of developments, conversations, moulded memories and inspired loyalties. For certain the statements contemporary reliability has been stretched beyond elasticity to actual snap.

The date the statement and supporting comments in DO Hodge’s notebook also throw up a conundrum. You see the Brigades Divisional Officer rota for July 1998 shows our trumpeter DO Hodge as being on rota and off duty. But then again as some people say “you can never do enough for a good firm”. So, maybe Colin the trumpeter volunteered to come into work and take down Miss Davies particulars on a statement FOC as a favour on 27th July 1998. After all stranger things have been known!

……………………………. He was quering the lack of medical advice and asking to visit HQ to see any Doctors statement the Brigade had obtained in connection with the decision regarding sick pay entitlement. I told him that it had not been necessary for the Brigade to refer the matter to the Medical Adviser since AW had told ADO Hayden that his absence was directly attributable to his Accident and that he had caused his accident through his own lack of care.

Miss Davies seems to forget by commission or omission that AW told her that her and Deputy Chief Fire Officer Smith’s action was unlawful. As to the plea that AW had told ADO Hayden the disputed absence was the result of the Accident May 1st 1998 there was no independent or impartial evidence in existence to support that contention as was further pointed out to Miss Davies. She also seems to have omitted that aspect of the discussion from the statement.



His manner and ignorance of employment law caused me no distress and I see no reason to pursue this point further.

Oh I see!

During my conversation with Mr Wigglesworth I told him very clearly that he should pursue the matter as a grievance, in the manner described in my letter dated 29th May 1998.

Perhaps this might be more believable if she had put that in writing. Sub Officer X says she is talking complete and utter bollocks.

I gave him this advice on the basis that he did not say anything other than to pursue the procedural point about medical advice. Nothing he said seemed to change the situation as it appeared on 29th may 1998 i.e. he did not say he had hurt his back since 1st May (eg by a further fall) nor suggest he had an underlying back problem.

Miss Davies is quite right X did not say anything in relation to these matters. Reason being they were irrelevant as the action that Deputy Chief Fire Officer Simon Smith and his sidekick Miss Davies had put in motion was obviously unlawful.


I informed the Deputy County Fire Officer (by e-mail) of my conversation with Mr Wigglesworth on the afternoon of 4th June 1998 (Doc 55)…..

Yes no doubt being given a logical explanation of her unlawful confederation with the DCFO Miss Davies felt it prudent to run to the DCFO for help and guidance. The email was actually on the 3rd June 1998.

……..DO G Smith told me that Sub O Wigglesworth had reported the matter of his sick pay via the “near- miss” system. This approach (i.e. use off near miss system) was not discussed between myself and Sub O Wigglesworth previously, and I was completely unaware of the report until informed of it by DO Smith. I can confirm that I have not seen a copy of Sub O Wigglesworth’s near miss report (dated 4.6.98) until today.

Well lets get one thing straight the Near Miss report was not used to report the matter of the unlawful deduction made against X. The Near Miss was used to report the abusive behaviour of DCFO Simon Smith and its potential to cause physical and psychological harm to X and other future victims of the same unlawful act. If Miss Davies is correct then DO G Smith may have committed the disciplinary offence of Falsehood to add to his long history of violations.

Finally, in consideration of Miss Davies position in the management of Human Resources in the Brigade and part in the investigation its seems surprising she had not viewed the Near Miss until 27th July 1998.

But of course the bottom line is that the deduction conspired by DCFO Simon Smith and his sidekick Miss Davies was unlawful.

The SFE - Doc 147 Felixstowe fire Station Open Day

Statement of: Sarah Davies

Age : 27

Occupation: Corporate Human Resources Director

Address: Hill Farm Cottage, Akenham, nr Woodbridge, Suffolk

Telephone No. 01473 588888

This statement (consisting of 3 pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

Dated 27th day of July 1998

Signature: SH Davies

This statement was taken by Colin Hodge at Brigade Headquarters on 27th July 1998 I read it over to Sarah Davies and she read and signed it in my presence.
Signature C Hodge

Sub Officer A Wigglesworth (AW) telephoned me at my office on the afternoon of 3rd june 1998. He had received my letter to him dated 29.5.98 regarding his sick pay. He was quering the lack of medical advice and asking to visit HQ to see any Doctors statement the Brigade had obtained in connection with the decision regarding sick pay entitlement. I told him that it had not been necessary for the Brigade to refer the matter to the Medical Adviser since AW had told ADO Hayden that his absence was directly attributable to his………….Signature SH Davies

Page No 2 continuation of statement dated 27.7.98
By Sarah Davies
……………. Accident and that he had caused his accident through his owm lack of care. I thought Mr Wigglesworth was a little stupid to challenge my finding and somewhat rude during the conversation, and I did tell him that there was no point in being facetious. His manner and criticism during the conversation, in my professional opinion, reflected his own frustration and annoyance at the situation. His manner and ignorance of employment law caused me no distress and I see no reason to pursue this point further. During my conversation with Mr Wigglesworth I told him very clearly that he should pursue the matter as a grievance, in the manner described in my letter dated 29th May 1998. I gave him this advice on the basis that he did not say anything other than to pursue the procedural point about medical advice. Nothing he said seemed to change the situation as it appeared on 29th may 1998 i.e. he did not say he had hurt his back since 1st may (eg by a further fall) nor suggest he had an underlying back problem. I informed the……….. Signature SH Davies

Page No 3 continuation of statement dated 27.7.98
By Sarah Davies
…………….. Deputy county Fire Officer (by e-mail) of my conversation with Mr Wigglesworth on the afternoon of 4th June 1998, DO G smith told me that Sub O Wigglesworth had reported the matter of his sick pay via the “near- miss” system. This approach (i.e. use off near miss system) was not discussed between myself and Sub O Wigglesworth previously, and I was completely unaware of the report until informed of it by DO smith. I can confirm that I have not seen a copy of Sub O Wigglesworth’s near miss report (dated 4.6.98) until today. SH Davies
Signature SH Davies

The SFE - Doc 146 Debenham Fireman Vacancies

Oulton
NR32 4RD

Tel 01502574763

26th July 1998
your ref


Dear Chief Executive,

As a Fire Service employee I was last month (June) provided with harassment counselling by Mr Aubrey Webb. He is employed in the County’s Education department. These arrangements being orchestrated by your assistant Mr Derek Lay.

Mr Webb informed me that I had the right to complain directly to you about the actions of the harasser Deputy Chief Fire Officer Simon Smith. Mr Webb also concluded that the circumstances would be likely to an act of harassment on account of the DCFO conducting unlawful actions against me.

Having now returned from annual leave and presented with a deteriorating situation I have now chosen this option. Had matters been different and the DCFO admitted his unlawful behaviour this course of action would have been unnecessary.

In consequence, I wish to make a formal complaint to you about the unlawful behaviour of Deputy County Fire Officer Simon Smith. I believe his negligent and unlawful behaviour directed personally against me, and specified in the attached letter amount to an act of harassment, bullying and wilful unlawful behaviour.

I am informed by Fire Brigades Union solicitors (Thompsons) acting on my behalf that the reduction in wages engineered personally by Deputy Chief Fire Officer Simon Smith is blatantly unlawful.

I would therefor ask that this complaint of unlawful action is dealt in the normal manner afforded to complaints against principal Fire Service Officers.

For you further information I have made several complaints within the Brigade about Deputy Chief Fire Officer Simon Smith’s unlawful behaviour. So far this has only resulted in retaliatory action being taken against me in the form of a discipline investigation. This seems solely for the purpose of Mr Smith’s defence and the gratification of other senior Officers who are eager to defend the unlawful DCFO Simon Smith.


Yours sincerely

A D Wigglesworth

The SFE - Doc 145 Debenham Firefighter Vacancies

SUFFOLK FIRE SERVICE

To: Stn. O. Parsons

From: SubO Kent

Station: Training HQ

Date 25.7.98

Leave

Sir,

I submit to take one days leave on Thursday 6th Aug 98.

Thanks

Barry

The Suffolk Fire Experience - Doc 144 Debenham Fire Station Open Day

SUFFOLK FIRE SERVICE

To: D.O. HODGE

From: SubO Rhind

Station: HQ

Date 25.7.98


Sir,

In reply to the questions posed by yourself reference the letter sent to SubO Wigglesworth.

1) I was aware of the letter sent to him but never read it.
2) No advice was asked of me or any offered.
3) No additional information.

Respectfully submitted

S Rhind 883

The SFE - Doc 143 Beccles Fireman Vacancies

SUFFOLK FIRE SERVICE

To: D.O. HODGE

From: L/FF BARTRAM

Station: 055 TRAINING

Date 24.7.98


Sir,

In reply to your letter regarding the investigation involving SUB OFFICER Wigglesworth.

I was aware that SUB Officer Wigglesworth had received a letter, however, I have offered no advice regarding this matter and have no knowledge of any other instructors doing so.

L/FF S Bartram

The SFE - Doc 142 Beccles Firefighter Vacancies

Zedgen (revised)

SUFFOLK FIRE SERVICE

To: A.D.O
Suffolk Fire Service
cc Stn O Tng

From: SubO. Wallis
Station 055

Date 23rd July 1998

Sir,

May I respectfully request the following leave:

24.7.98 Outstanding Rota 13/7/97
No course commitment

28.7.98 Scale “A”
Recruits course covered

19, 20 and 21.8.98 Extra Annuals
No course commitment

26 and 27. 8. 98 Scale “A”
No course commitment

18,19 and 20.11.98 Outstanding Rotas 7/7/97, 14/7/97 and 19/6/98

C Wallis

The SFE - Doc 141 Beccles Fire Station Open Day

SUFFOLK FIRE SERVICE

To: D.O. HODGE HQ

From: SUB.O. Raven 608

Station Training 030

Date 21st July 1998

RE: DISCIPLINE INVESTIGATION – SUB. OFFICER WIGGLESWORTH.

Sir,

Following receipt of your memo dated 10TH July 98. I can confirm my presence at the Brigade Training Centre in Lowestoft for the entire week commencing Monday 1st June.

With regard to the questions contained in your memo. I wish to submit the following response.

(1) I was in the training office when Sub. O. Wigglesworth informed all those present of the contents of a letter he had received from the D.C.F.O.
(2) At no time did I offer Sub. Officer Wigglesworth any advice on the matter and he has never requested any.
(3) I have no other relevant information to include regarding this matter.

Respectfully submitted

P Raven
SUB OFFICER 608.

The SFE - doc 140 Divisional Officer John Wilcock

SUFFOLK FIRE SERVICE

To: D.O. HODGE

From: SUB.O. K Boyce

Station 062

Date 21.07.98

Near miss - Sub. O. Wigglesworth – 3rd June

Sir,

I was ordered on 20/7/98 to supply you with the following information about the above event.

As it occurred several weeks ago, I can only confirm:-

i) I was aware of the letter.
ii) I did not offer advice on 3rd or 4th June.

K Boyce

The SFE - Doc 139 Divisional Officer Phil Embury

SUFFOLK FIRE SERVICE

To: D.O. HODGE

From: SUB.O. WALLIS

Station 055

Date 21.07.98

Sub. O. Wigglesworth – Discipline Investigation

Sir,

In response to your memo to D. O. Hayden dated 10th July 1998 I can confirm the following regarding the above investigation.

a) I did become aware of the contents of a letter sent to Sub. O. Wigglesworth by the Human Resources Manager. The contents came to my attention on or about 4th June 1998.

b) The only advice I can recall giving to Sub. O. Wigglesworth was to make a complaint to the industrial Tribunal as it was obvious that an unlawful deduction of pay was threatened.

C Wallis 714

The SFE - Doc 138 Asisstant Chief Fire Officer Mark Sanderson

GA
21st July 1998

THE FIRE BRIGADES
UNION
Bradley House
68 Coombe Road
Kingston Upon Thames
Surrey KT2 7AE
Telephone 081 541 1765

APPLICATION FOR LEGAL AID
IN ACCORDANCE WITH RULE 25 (3)
Use this form to apply for Legal Aid for ANY matter connected with your employment OTHER than an accident or illness.

This form should be read carefully and the fullest possible information given in the spaces provided. It should then be handed to your Branch Secretary or Chairperson to complete Part II. It is then his/her responsibility to forward it to Head office for action. If Legal Aid is granted the solicitor will be in touch with you direct to advise you of the next steps to be taken in the matter.
Do not delay in returning this form if you are unable to answer some of the questions.

PART I

1. Full Name (in capitals). ANTHONY WIGGLESWORTH.
2. Address. LOWESTOFT, SUFFOLK, UK.
3. Telephone. 01502 403432.
4. Branch. LOWESTOFT FIRE STATION.
5. Employing Authority. SUFFOLK FIRE SERVICE.
LOWESTOFT FIRE STATION.
6. Date of joining service. 3RD OCTOBER 1978.
7. Your rank and how long held. SUBO 4 YEARS
8. Details of matter for which legal aid is required. Full details must be given and relevant documents attached to this form.

I suffered a back strain on 1st May 1998. This was caused by lifting and dragging of drill dummies in preparation for de-contamination exercise the same day. My method of working was normal custom and practice. The matter was subject to full investigation by ADO Paul Hayden who interviewed me on the afternoon of 1st May 1998 at approximately 15.30 hours. I did not book sick and continued to work for a further two days and was engaged in further strenuous physical work while delivering breathing apparatus instruction (2nd & 3rd May 1998). On the 4th & 5th of May 1998 I was off duty and remained fully fit for firefighting duties. On the evening of 5th May 1998 whilst engaged in Athletics training at the Recreation Ground athletics track I collided with a steeplechase barrier by mis-timing a vault over the solid wood hurdle. As a result I struck the hurdle sideways on and incurred further strain to my back and aggravating the mild strain I had occasioned on 1st May 1998. As a precautionary measure I booked sick by phone to the duty watch at Lowestoft on or around 6th May 1998. I returned to work on 13th May 1998.

I wish to apply for legal assistance on the basis of the particulars given above. I have no solicitor acting for me in relation to this matter and hereby authorise you to instruct a Solicitor to act on my behalf if legal aid is granted. I confirm that I am and was a member of the F.B.U. on the date of the accident/incident/contracted illness as stated above. I understand that I am obliged to give the full facts to the Union and the unions nominated Solicitors, and that if I fail to do so or give false misleading facts, legal assistance will be withdrawn and I shall be responsible for the costs incurred by the Union and any party to litigation in which the Union has supported me. I understand that a report of my case upon its conclusion may be published by the Union.

Signed A Wigglesworth Date 21st July 1998

PART II

To be completed by the Branch Secretary or Chairperson who is responsible for passing the form to the Brigade Secretary or chairperson for endorsement and forwarding to Head Office.

Branch Secretary signature M. J. Hyde


PART III

Endorsed by Brigade Chairperson C. Hayward

The SFE - Doc 137 Reasons to Re-elect Geoff Ellis FBU National Officer

The Fire Brigades Union

Established 1918

GENERAL SECRETARY: KEN CAMERON

BRADLEY HOUSE, 68 COOMBE ROAD, KINGSTON UPON THAMES, SURREY KT2 7AE
Tel 0181-541 1765
Fax 0181-546 5187
Please quote this reference on all replies
98 LR 10/14642 HH

Mr A Wigglesworth
NR32 4RD

20th July, 1998

Dear Brother,

Legal Assistance

I have been informed by the Solicitors acting for you in respect of your claim for unlawful deduction of wages.

They also state that you have grounds to claim for injuries sustained in an accident which occurred 1st May, 1998.

In this respect please complete the enclosed DA schedule and return it to this office in order that this claim can be dealt with in the normal way.

Yours fraternally

Ian Brandling
National Officer

IB/HGH

The SFE - Doc 136 Buncefield Explosion

Zedgen (revised)

SUFFOLK FIRE SERVICE

To: C.F.O.
Suffolk Fire Service
cc A.D.O. Tng

From: SubO. Davey
Station 055

Date 15th July 1998

Sir,

May I respectfully request the following dates to undertake my functions as a safety representative under the Safety reps and safety committee regulations 1977 and the Health and Safety at Work Act 1974.

This is in accordance with HS 06 (June 1994) and County Council arrangements.

Yours sir

K.P. Davey

Handwritten additions through the chain of command.

ACO (Ops)
Please deal. I don’t think that he should normally submit this type of request to PO level – isn’t it properly dealt with by his line manager?
SASmith DCO

ADO Hayden,
Please check availability of instructors on these dates. You can decide on the information at hand to grant (or not) these and future dates. Trevor Tinley 15/07/98

Granted
P. Hayden 17 Jul 1998

The SFE - Doc 135 FBU Recall Conference 2006

Re Doc 134

As will be noted by the attached date on Doc 134 it was slap bang in the middle of X’s annual leave.

Shame that. Shame also that Station Officer Jim was also a wee bit lax on notifying X about his SUBSTITUTION and inclusion in this historic Brigade event.

Well he (Station Officer Jim) was a bit busy having to prepare for his own holiday which was rapidly approaching to devote precise attention to Brigade matters at that time.

The SFE - Doc 134 Felixstowe Dock Fireman

SUFFOLK FIRE SERVICE

From: Stn. O Parsons

To: Sub. O Wigglesworth

Date: 14th July 1998

Subject : EMS Pilot Study – Implementation for the Brigade

A meeting has been scheduled for the 6th August to discuss the above.

I had been nominated to attend but I am on Annual Leave.

A.C.O Seager has asked that a substitute attend on my behalf.

Could you therefore arrange to meet at the A.C.O’s office at 10 : 00 hours on 6th August.

The attached paper has been provided for background reading.

I have no further information on the subject.

J. Parsons
Station Officer
Brigade Training Centre

The SFE - Doc 133 Felixstowe Dock Firefighter

Spare

The SFE - Doc 132 Felixstowe Dock Fire Station

EMERGENT PROPOSITION
FIRE SERVICE COMMAND
POWER SYNDROME THEORY
SYNTHESISED FROM DOC 130 & 131

When FSCPST practitioners utilise the weapon of disciplinary action in defence of close colleagues and the weapon is unproductive the practitioner will then resort to others mean in an effort to secure the psychologically desired outcome.

The train of events above will lead the FSCPST practitioner to indulge in speculative foraging for evidence to support their own views and desires.

The SFE - Doc 131 Mildenahll Fireman

LEARNING POINT DOC 130 FOR FIRE SERVICE COMMAND POWER SYNDROME THEORY PRACTITIONER’S

When there is not much evidence from the investigation and the case file is emaciated it might be worth engaging on a speculative fishing trip?

One never knows what might be drag up in the trawler nets!

The SFE - Doc 130 Mildenahll Firefighter

SUFFOLK FIRE SERVICE

From: Divisional Officer Hodge

To: DO P Hayden

Date: 10th July 1998

Ref : Discipline Investigation under The Fire services (Discipline) regulations 1985, into the Circumstances of a Near miss reported by Sub O Wigglesworth on the 3rd June 1998

As you are aware, on the 4th June Sub O Wigglesworth arrived at work and made a number of his colleagues aware of a letter he had received from the Human Resources Manager relating to a decision of the deputy County Fire Officer involving Sub O Wigglesworth’s sick pay.

I understand most if not all of the Brigade’s instructors were present at the Training Centre that day, as they themselves were attending a course being delivered by an instructor form Essex.

I understand that a number of those present offered advice to Sub O Wigglesworth over the action he should take relating to the receipt of this letter.

I therefore request that you require each of your instructors to submit a memorandum to me confirming:

i. if they were or were not aware that Sub O Wigglesworth had received such a letter, and

ii if they offered him advice on either the 3rd or 4th June, or if Sub O Wigglesworth asked them for any advice on the same days, to state clearly what was said between them, and

iii to include any other information that they think may be relevant.

I would ask that you make it clear that their responses form part of a discipline Investigation involving Sub O Wigglesworth, and as such it is important for all concerned that their submits should be true to the best of their knowledge and belief. To this end I would suggest you hand each a copy of this memorandum.

I have already interviewed Station Officer Parsons and Sub O Davey so there is no need for them to forward a further submit.

Please ensure the completed submits are returned direct to me at BHQ by Tuesday 21st July, and marked CONFIDENTIAL. Any instructors on leave should be requested to submit a memorandum as soon as they return from leave.
CF Hodge
Divisional Officer

The SFE - Doc 129 Mildenhall Fire Station

ANALYSIS DOC 128

………….Divisional Hodge has reported the outcome of that interview to me. He has drawn my attention to your comments regarding “unlawful action” relating to the Employment Rights Act, 1996 and the Wages Act, 1986………….

ACFO K Seager was a senior Fire officer in the Suffolk Fire Service with service well in excess of 20 years. As part of that service he had received a significant and considerable amount of training in using, applying and interpreting the Employment Rights Act, 1996 and the Wages Act, 1986. There is no doubt that he is and was fully capable of realising the error notified to him and its unlawful status. To be blunt he knew he was entering into the realm of Neglect of Duty. That said there was a “White Angel” waiting in the wings for salvation in the form of Miss Sarah Davies (now Meelan).

……I have sought the advice of the Human resources manager on this matter, and I am satisfied that there is no disciplinary matter for me to investigate in this connection. I would therefore advise you to pursue these allegations through the Grievance Procedures, once the grievance I have previously suspended is reinstated at the conclusion of the current investigation.

Perhaps its prudent to expect that ACFO K Seager did ask Miss Davies if her and DCFO Simon Smith’s stoppage of pay enacted on SubO X was unlawful. That seems to be the case according to what ACFO K Seager wrote.

One might also ask if Turkey’s would vote for Christmas!

So, might we also assume that ACFO K Seager is naïve to the point that he would ask the executors if they thought their actions were correct? In effect, ACFO K Seager instigated a line of inquiry in relation to unlawful act reported to him that allowed the alleged perpetrators to be their own Judge and Jury. Perhaps he used the word please and asked them nicely to incriminate themselves. And perhaps further by his actions he was responsible for two offences of Neglect of Duty.

1. ACFO K Seager neglected to institute proper disciplinary proceedings when knowing an unlawful had been carried out.
2. ACFO K Seager neglected to obtain reliable and valid impartial Legal Advice when such professional advice was in abundance from the Suffolk County Council Legal Department.

…………….I would therefore advise you to pursue these allegations through the Grievance Procedures, once the grievance I have previously suspended is reinstated at the conclusion of the current investigation………

Overall, very poor advice. ACFO K Seager neglects once again to advise Sub Officer X correctly. In particular, X’s right to make a formal complaint to the industrial courts with regard to the unlawful deduction enacted by DCFO Simon Smith and his confederate Miss Sarah Davies.

The Suffolk Fire Experience - Doc 128 Haverhill Fireman

Suffolk County Council

Fire Service

Sub Officer Wigglesworth
Training Department
Normanshurst

Your ref
Our ref KES/DISC/SIS
Ask for ACFO Seager
Tel (01473) 588939

8th July 1998

Dear Sub Officer Wigglesworth

INTERVIEW WITH DIVISIONAL OFFICER HODGE – THURSDAY 2 JULY 1998

I refer to your interview with Divisional Officer Hodge on Thursday 2 July 1998 in connection with his investigation into allegations made against you.

Divisional Hodge has reported the outcome of that interview to me. He has drawn my attention to your comments regarding “unlawful action” relating to the Employment Rights Act, 1996 and the Wages Act, 1986.

I have sought the advice of the Human resources manager on this matter, and I am satisfied that there is no disciplinary matter for me to investigate in this connection. I would therefore advise you to pursue these allegations through the Grievance Procedures, once the grievance I have previously suspended is reinstated at the conclusion of the current investigation.


Yours sincerely

KE Seager
ACFO Technical
Brigade Investigating Officer

Enc Copy letter

The SFE - Doc 127 Haverhill Firefighter

AA26
(revised August 1996)
APPENDIX ‘B’

ANNEX 3

PROMOTION ASSESSMENT
SUMMARY MARKING FORM

CANDIDATES NAME: A WIGGLESWORTH
RANK: SUBO
NO:

STATION: TRAINING LOWESTOFT
DATE OF ASSESSMENT: 3/7/98

ASSESSING OFFICERS:
DCO SMITH
ACO TINLEY
DO CHANTRY

ASSESSMENT AREA: SUPERV OFFICER’S ASSESSMENT
GRADE D
COMMENTS NIL

ASSESSMENT AREA: CANDIDATE’S REPORT
GRADE C
COMMENTS NIL

ASSESSMENT AREA: INTERVIEW
GRADE D
COMMENTS NIL

ASSESSMENT AREA: GROUP DISCUSSION
GRADE D
COMMENTS NIL

ASSESSMENT AREA: APTITUDE TESTS
PASS

OVERALL ASSESSMENT
NOT CURRENTLY CONSIDERED SUITABLE FOR PROMOTION
WOULD NOT BENEFIT FROM TEMPORARY PROMOTION

The SFE - Doc 126 Haverhill Fire Station

Re Doc 124


Of course while ADO Hayden’s memo (Doc 124) was being circulated around the Training Department by “Good Old Boy” Station Officer Jim X was bliss fully ignorant of it while on 3 weeks summer holiday.

So by the time X got back to work (25th July 1998) for just 1 more day with Station Officer Jim before he departed off on holiday the memo was by now buried amongst the swathes of paper in Jimmy’s filing tray.

And what with Station Officer Jim being eager to get things sorted before he dipped off on holiday he seemed to forget to tell X all about the new leave arrangements and a few other things as well.

Well no harm done. Its not as if anything important happened in the Training Department is it?

The SFE - Doc 125 Normanshurst Fireman

Re Doc 124


Of course while ADO Hayden’s memo (Doc 124) was being circulated around the Training Department by “Good Old Boy” Station Officer Jim X was bliss fully ignorant of it while on 3 weeks summer holiday.

So by the time X got back to work (25th July 1998) for just 1 more day with Station Officer Jim before he departed off on holiday the memo was by now buried amongst the swathes of paper in Jimmy’s filing tray.

And what with Station Officer Jim being eager to get things sorted before he dipped off on holiday he seemed to forget to tell X all about the new leave arrangements and a few other things as well.

Well no harm done. Its not as if anything important happened in the Training Department is it?

The Suffolk Fire Experience - Doc 124 Normanshurst Firefighter

SUFFOLK FIRE SERVICE
From: ADO Hayden

To: All Brigade Instructional Staff
Copy: DO Batchelor

Date: 8th July 1998

Monthly Returns and Leave Requests

It has come to my attention that a number of inconsistencies exist in connection with the completion of monthly work and overtime returns and the booking of leave, rota days and other issues such as Union Leave. Whilst this has not presented a major problem to date, the system needs to be "tidied up" to bring it in line with existing General Orders. Therefore, as of the date of this notice the following procedures will be followed by all personnel in the training department.
1. all monthly time and overtime records will come to ADO Training for signature. In the absence of ADO Training during the first two weeks of the month, the StnO Training will check, sign and forward returns and copy to ADO training for his/her attention on return to duty.
2. To ensure there is no delay in forwarding claims, records should be forwarded to ADO Training as soon as possible at the end of the month. If necessary, external post may be utilised using the prepaid envelope system.
3. All requests for leave, time owing, union leave, changes of rota etc will be made in writing to StnO Training, who will maintain a record of leave granted.
4. It is recognised that rotas etc are of necessity flexible in the training department and StnO Training will make every effort to grant requests so long as the work requirements of the department can be met.
In conclusion, the above orders should not significantly change anything we currently do, but will ensure that we have a consistent system which meets the requirements of existing General Orders. Should you have queries in respect of any item in this note, please contact me directly.
P. Hayden
ADO Training

The SFE - Doc 123 Normanshurst Fire Station

Extracts from Divisional Officer Colin Hodge’s notebook
8th July 1998

Page # 152
Time and
Reference

13.22 Sub/O Davey returned and stated at this moment in time….

Page # 153
Time and
Reference

He couldn’t reveal the advice and as it was given with all goodwill and intention it would still be inappropriate to disclose what it was he had said to Sub/O Wigglesworth in what he believed to be a confidential matter as a result of him being a FBU Health and Safety representative.

The SFE - Doc 122 Halesworth Fireman

Outcome Doc 121 What did K Davey Do?

Its understood that he telephoned Dave Matthews the FBU national officer responsible for the unions Heath & Safety business at the time. His response was to tell Sub/O Davey to ask DO Hodge to put his request into writing.

When Sub/O Davey returned to DO Hodge and repeated the advice given to him by a FBU national officer he put himself into reverse gear with a grinding crunch and terminated the interview. He refused to put his request into writing and insisted that Sub/O Davey had completely mis-interpreted their meeting as a formal interview and it was completely off the record and an aside to the investigation.

The SFE - Doc 121 Halesworth Firefighter

Extracts from Divisional Officer Colin Hodge’s notebook
8th July 1998

Page # 151
Time and
Reference

12.20 I reinterviewed Sub/O Davey also in ADO smith’s office. I informed him I would need him to expand on what he had said in his statement dated 11th June 1998 (Doc 101). I read out the previous statement and asked him what actually was the advice he had given to Sub/O ….

Page # 152
Time and
Reference

…Wigglesworth in his union capacity. Sub/O Davey obviously felt a conflict of loyalty. I informed him that it was my view and the view of the Brigade that as he was on duty he was under an obligation to be more forthcoming and detail exactly what the advice was he gave to Sub/O Wigglesworth. Sub/O Davey asked to be allowed to make a telephone call, presumably to take advice, which I agreed for him to do. Sub/O Davey indicated he was aware that by not answering my question he was putting himself at risk of being charged under the DISCIPLINE REGULATIONS.

The SFE - Doc 120 Halesworth Fire Station

Extracts from Divisional Officer Colin Hodge’s notebook
8th July 1998

Page # 151
Time and
Reference

Wednesday 8th July 1998./ADO Smiths office
12.00 Discipline Investigation Sub/O Wigglesworth
I went through S/O parsons statement with him that he had previously made and submitted on the 10th June 1998 (Doc 77). He had written it in paragraph form, so I therefore requested him to sign of each new paragraph.

The SFE - Doc 119 Southwold Fireman

SUFFOLK FIRE SERVICE
FIRE SERVICES (DISCIPLINE) REGULATIONS, 1985

Fire service Headquarters
Colchester Road
Ipswich
IP4 4SS

Date: 6th July 1998


To: Sub Officer (854) AD Wigglesworth

Station: Training, Normanshurst

I enclose two copies of the transcript (Doc 111) produced of your interview with DO Hodge and ADO Middleton, at Normanshurst, on Thursday 2nd July 1998.

Please read through the transcript and sign and date one copy and return it to me at BHQ. If there is anything you believe is incorrectly transcribed then amend the copy, and return it signed and dated.

Please note that your failure to return a signed copy will not invalidate the transcript or make it inadmissible as evidence, should charges be brought against you at some future stage.

K.E. Seager
Assistant County Fire Officer
Brigade Investigating Officer

Enc: 2 x copies of Transcript of Interview, date 2nd July 1998

To

Mr A D Wigglesworth

The SFE - Doc 118 Southwold Firefighter

2nd July 1998

Well at least every dark cloud has a silver lining. So while assessment day at Ipswich 1998 might live in infamy for X it also had a positive aspect.

Yeah it was X’s last day at work before annual summer leave and X was on vacation until Saturday 25th July 1998. Yippee.

In fact he would only be at work with Station Officer Jim for just 1 day (29th July 1998) before the latter popped off on his jollys as well. Shame that as some significant structural changes were3 about to sweep Suffolk Fire Service Training Department while X was off on his 3-week holiday. All the more of a shame nobody thought to tell X about new Department structures and protocols.

The SFE - Doc 117 Southwold Fire Station

2nd July 1998

In response to the invitation set out in Doc 67 & 69 X and four others attended Brigade HQ for a series of assessments used to select personnel for promotion to the rank of Station Officer.

As was patently clear to X at the time, and subsequent to the previous day’s supervisory review by DO Batchelor, the likelihood of a positive assessment was as remote a probability as it could be. We hasten to add not helped by the supposed great and good of Suffolk Fire Service, Deputy Chief Fire Officer Simon Smith, Assistant Chief Fire Officer Trevor Tinley and the fat cheeky boy of the Brigade know as Divisional Officer Chantry being the assessment panel. The latter being the ultimate metaphorical, and real, waste of space there could be. His rotund physique and giddy manner would have made him much more use as a Benny Hill “stars in their eyes” tribute act. Indeed, he was a dead ringer for Benny’s character Fred Scuttle. That said he was harmless enough. Well apart from doing everything he was told by his uppers without blinking an eye-lid.

Anyway the assessment period for X was quite brief. The retail manager aptitude testing had been completed on a previous day. So all that remained to be surmounted was the discussion group participation and an actual interview in front of the great and good and DO Chantry. Mrs Jo Campbell was in charge of the organising and efficiently herded the 5 prospective candidates into the Headquarters conference room.

Then it all went a bit pear-shaped. Well apart from the fact that nobody had bothered to arrange the room by moving the furniture into the prescribed place. Right behind and backing up was the Deputy Simon Smith who at seeing the room unready started making sarcastic remarks and personal criticisms at those supposed to have sorted the room out. So not best pleased was the nasty Deputy. Anyway the prospective candidates acted ad-hoc; they got stuck in and flung a few tables together to get the show on the road. Hmm, jolly good show it was indeed. By this time Trevor Tinley had arrived and the Deputy seemed to turn his wrath on him for the unready state of the room. “Trevor the unready” I suppose! So the Deputy blamed “Trevor the unready” and Trevor blamed somebody else, which is pretty standard protocol for Fire Service officers.

Well despite a few minutes delay the discussion element of the assessment, with the 5 prospective candidates acting out the part of cultured men of knowledge, got under way. Ebbing back and flow each candidate tried to show their best credentials as “oracles of knowledge”, courtesy and manners etc. Of course all the time trying to score points off each other in search of the promoted prize. A Station officer job and a few thousand quid extra in the back pocket. All in all a false and surreal experience that seemed to last a lifetime. Fortunately, there is no second half like most sports, so when the yawning officers blew time it was time. Thank Gawd!

The prospective 5 were as quick as rats down a sewer to exit the conference room and straight into the station canteen adjoined to HQ as fast as there little legs could carry em. Well apart from Karl Rolfe that is who meander along at a more sedate pace in order not to crease his razor-sharp kecks.

So fed and watered one-by-one X and his fellow contenders nip in for the crucial interview with the great and good of the Suffolk fire outfit and Fred Scuttle Chantry. Well as far as we know X’s interview was as mundanely inspiring as all the rest. But very good theatre all the same. Especially with regard to the great and good who valiantly tried to act the part of wise men complete with integrity and fairness. After all it was by now clear that both couldn’t bear the thought of X ascending to the dizzy heights of Station Officer.

So it was no surprise that when the results were announced that X had been judged to be pretty useless and not up to the prescribed mark. Overall being marked up with 3 D’s and a C from the specified area of assessment. Oh and a pass for the retail manager aptitude tests. That said it was also the case that X wasn’t alone with only zee Karl Rolfe being assessed as making the grade for Station Officer. So 80% of the candidates failed which was shall we say pretty unusual for Suffolk assessments.

So afterwards as X met up with his fellow candidates X felt he had to apologise for turning up and bringing the majority down with him. Well it wouldn’t have been to bad if it had been one of X’s duty days. What made it worse being that it was one of X’s rota day’s.

The Suffolk Fire Experience - Doc 116 Wrentham Fireman

Extracts from Divisional Officer Colin Hodge’s notebook
2nd July 1998

Page # 146
Time and
Reference

14.15 I typed up the transcript of the interview, and sent it to ADO Middleton to check and then at 16.21 e/mailed final transcript to ACFO seager.

The SFE - Doc 115 Wrentham Firefighter

Analysis Doc 114 Divisional Officer Colin Hodges notebook
2nd July 1998


………….I spoke to ACFO Seager in his office and indicated to him the last point made by Sub/O Wigglesworth culminating in his request “I would like you to investigate it” ACFO Seager said he would deal with the matter relating to this request………..


ACFO Seager said he would deal with the matter. So also took responsibility for dealing with the matter.

The Suffolk Fire Experience - Doc 114 Wrentham Fire Station

Extracts from Divisional Officer Colin Hodge’s notebook
2nd July 1998

Page # 145
Time and
Reference

13.05 ADO Middleton and I spoke to ACFO Seager in his office and indicated to him the last point made by Sub/O Wigglesworth culminating in his request “I would like you to investigate it” ACFO Seager said he would deal with the matter relating to this request. We then went through the…

Page # 146
Time and
Reference

……..whole interview with ACFO Seager, the Brigade Investigating officer.

The SFE - Doc 113 Saxmundham Fireman

2nd July 1998

After X had been interviewed by Divisional Officer Colin Hodge and ADO Bob Middleton and just before lunch at 13.00 hours he was then interviewed/consulted by Divisional Officer Robert Batchelor. By this time DO Batchelor had been appointed as the Suffolk Divisional Officer responsible for brigade training. Therefore, X’s head of department in the chain of command.

The purpose of the interview was X’s supervisory report for the soon to be had Station Officer assessments (next day 3rd July 1998). The supervisory officer being ADO Paul Hayden (now Chief Fire Officer Hereford & Worcester).

The Divisional Officers involvement in discussing the report is/was very unusual. I.e. it is normal for the person making the report to discus it with the subject. At the same time it was not as if ADO Hayden was not available as he was the summoning officer and usher of X into see DO Batchelor. That said there was a perceptible look and feel of embarrassment/shame to ADO Hayden when all this was going on. So he must have preferred somebody else to outline his report. And it seems DO Batchelor was a willing helper and volunteer. As to why seemed to be made clear pretty quick.

Might be worth a look at ADO Hayden’s assessment of X some thirteen months earlier when he provided the latter with a reference for a job application? (see Doc 22)

Anyway top and bottom of the discussion was that DO Batchelor said ‘this is extremely poor and not good enough.’

Well as one might imagine that comment was like a red rag to a bull and X turned to a stern blunt discussion of each of the many individual assessment points in the standard report form.

From that specific attention DO Batchelor found himself unable to justify the report details. Of course this was not helped by the fact that he himself had not contributed to the report or bothered to read it before meeting X. So all in all it ended up in DO Batchelor being beached and unable to defend the constructive criticism unleashed by X. Eventually, after a short period of being unable to defend himself against X’s logical counter argument he flew into a rage and bleated out the following to X.

‘its your name that’s mentioned or crops up with the greatest regularity in conversations at Ipswich’

It was clear that he knew he should not have blurted those comments out as soon as he made then.

From X the reply was ‘ I beg your pardon, what did you say?’

DO Batchelor refused to expand and immediately terminated the interview and disappeared down for lunch as quick as his varicose vein cratered legs could carry him.

The SFE - Doc 112 Saxmundham Firefighter

Spare

The SFE - Doc 111Saxmundham Fire Station

CONFIDENTIAL

TRANSCRIPT OF INTERVIEW (Produced from handwritten notes)

Date of Interview: 2nd July 1998

Time of Interview: 10 . 30 hours

Location: Fire Safety ADOs Office at Normanshurst

Present: DO Hodge and ADO Middleton Investigating Officers
Sub O Wigglesworth M Hyde (Representative Body)

Do Hodge

I confirm that we are investigating “The circumstances of the near miss reported by you on Wednesday 3rd June 1998”, and that we are not investigating or dealing with your grievance over the issue of your sick pay.

I would like to tape record the interview in line with Brigade Policy. Do you object to the interview being recorded?

Sub O Wigglesworth

Yes. I would like the tape recording equipment removed from the room.

DO Hodge

There will be a transcript made of the interview which ADO Middleton will take long hand. I am now going to caution you.

“You do not have to say anything, or answer any of the questions put to you at this interview unless you wish to do so, but what you say will be taken down in writing and may be used in a subsequent disciplinary hearing. Do you understand the caution?”

Sub O Wigglesworth

Yes I understand the caution.

DO hodge I have a number of questions I would like to ask of you, and you also have the opportunity to make a statement should you so wish. Is there anything you would like to say at this stage?

Sub O Wigglesworth

No.

DO Hodge
Can you state when you received the letter, which was addressed to you at home, reference HR/SD/CAB, dated the 29th May 1998, a Friday, and signed by Sarah Davies, Human Resources Manager?
(Copy of Letter shown to Sub O Wigglesworth)

Sub O Wigglesworth

No.

DO Hodge

This was presumably at approximately 14.30 on the 3rd June 1998, a Wednesday, as stated on near miss form?

Sub O Wigglesworth

Don’t know.

DO Hodge

Can you confirm you received the letter?

Sub O Wigglesworth

No comment.

DO Hodge

You were advised in that letter that “should you wish to make representation you may do so through the grievance procedure” – yet you choose not to do so – at that time. Would you like to explain why?

Sub O Wigglesworth

No comment.

DO Hodge

Did you take advice from anyone over how to make representation against this decision? The decision referred to being that of the Brigade to stop your sick pay or at least part of it.

Sub O Wigglesworth

No comment.

DO Hodge

Did you discuss the matter with your line manager? Was he available?

Sub O Wigglesworth

No comment.

Do Hodge

I understand that you telephoned Sarah Davies on Wednesday 3rd June 1998?

Sub O Wigglesworth

No comment.

DO Hodge

Were you on duty on the 3rd June?

Sub O Wigglesworth

No comment.

DO Hodge

Did she, S Davies, again advise you to pursue the matter using the grievance procedure?

Sub O Wigglesworth

No comment.

DO Hodge

On the 4th June you completed a “report of near miss/hazardous situations form” at Normanshurst, and also telephoned the near miss through to Brigade Control?

Why did you decide this, the near miss procedure, was the mechanism to use, when you had been advised on two occasions that the Grievance Procedure was the appropriate mechanism to use to appeal against the DCFO’s ruling?

Sub O Wigglesworth

No comment.

DO Hodge

Your own wording on the near miss form specifies “Pre mediatated harassment…” – why then did you not use the appropriate “Harassment Procedure” rather than the near miss procedure, taken that you had already decided not to use the grievance procedure?

Sub O Wigglesworth

No comment.

DO Hodge

Are you aware of the Brigade and County’s “Harassment Procedure?”

Sub O Wigglesworth

No comment.

DO Hodge

Have you ever filled in a “near miss” report before?

Sub O Wigglesworth

No comment.

DO Hodge

Are you aware in what circumstances the “near miss” procedure is designed to be used in?
What are these circumstances?

Sub O Wigglesworth

No comment.

DO Hodge

Did you read the appropriate Health and safety note, HS05 or the “Guidance Notes” before completing the near miss form?

Sub O Wigglesworth

No comment.

DO Hodge

The letter you received from the Human resources Manager, Sarah Davies, dated the 29th May, was headed CONFIDENTIAL. As far as you are aware has this “confidentiality” been maintained between you and Sarah Davies, accepting that this letter was copied to two others?

Sub O Wigglesworth
No comment.

DO Hodge

Have you copied this letter to anyone?

Sub O Wigglesworth

No comment.

DO Hodge

Is there anything you would like to add or clarify, or would you like to make a statement?

Mr Hyde

We would like an adjournment.

(At this stage Sub O Wigglesworth and Mr Hyde left the room for approximately one minute before returning)

Mr Hyde

Can you furnish me with a copy of the questions asked?

DO Hodge

No certainly not. You will get a copy of the transcript of the interview, but it will be sent to Sub O wigglesworth.

Sub O Wigglesworth

There are some questions I would like to ask you. Who has made the complain against me?

DO Hodge

I am not going to answer any of your questions. I am investigating the circumstances specified in the Regulation & letter.

Sub O Wigglesworth

Can you give me a summary of what’s happened in the last three weeks since I have been of?

DO Hodge

I am not here to answer your questions

Sub O Wigglesworth

I would like to ask you some questions on the Employment Rights Act, 1996 and wages act 1986?

DO Hodge

I am not answering any questions.

Sub O Wigglesworth

You may not wish to answer my question, but may have to act. The situation which has developed are an unlawful act. I would like you to investigate it and this is an official request.

DO Hodge

Who do you mean by “you”.

Sub O Wigglesworth

The ball is in your court

DO Hodge

Is there anything else you would like to add?

Sub O Wigglesworth

No

I CERTIFY THAT THIS IS A TRUE AND ACCURATE RECORD OF AN INTERVIEW OF SUB O WIGGLESWORTH AT 10.30 HOURS ON THURSDAY 2ND JULY 1998.

Signed CF Hodge 4/7/98

Signed RJ Middleton 2/7/98

Sub Officer Wigglesworth and Firefighter M Hyde refused to sign the transcript as they considered its editing rendered the document inaccurate.

The SFE - Doc 110 Leiston Fireman

Extracts from Divisional Officer Colin Hodge’s notebook
2nd July 1998

Page # 142
Time and
Reference

Tursday 2nd July 1998
10.30 At 10.30 in ADO Smith’s office at Lowestoft. Interviewed Sub/O……..

Page # 143
Time and
Reference

………. Wigglesworth in the presence of ADO Middleton and Mr Hyde (FBU Rep Body) I confirmed that I was investigating the circumstances of the near miss reported by Sub/O Wigglesworth on Wed 3rd June 1998 and that I was not investigating or dealing with his grievance over the issue of sick pay. I added although I was obviously aware of a grievance had now been submitted. I had not seen a copy of it. I then informed Sub/O Wigglesworth that in line with brigade Policy I would like to tape record the interview and the equipment was already in place and tested. Sub/O Wigglesworth objected to the interview being tape recorded and asked for all the tape recording equipment to be removed from the room – which…….

Page # 144
Time and
Reference

………was done. The interview consisted there on of me asking a number of prepared questions, with ADO Middleton taking down the answer long hand. A transcribed version of the interview is on file, as is the contemporaneous notes of both myself and ADO Middleton. Sub/O Wigglesworth was “cautioned” before the interview took place at 10.30 . Finished questions of mine at 10.40 at which stage Mr Hyde asked for an adjournment. The interview recommenced at…..
10.41 …… 10.41 when Mr Hyde asked for a copy of the questions to which I replied Sub/O Wigglesworth would receive a copy of the transcript, ……….

Page # 145
Time and
Reference

…….and then Sub/O Wigglesworth asked me a number of questions culminating in him saying “You may not wish to answer my question, but may have to act. The situation which has developed are an unlawful act – I would like you to investigate it and this is an official request”. I asked ‘who do you mean by “you?” Sub/O Wigglesworth replied the ball is in your court. The interview terminated at this point.

The SFE - Doc 109 Leiston Firefighter

2nd July 1998


Divisional Officer Colin Hodge and Assistant Divisional Officer Robert Middleton arrived together at Lowestoft Fire Station shortly after 10 o’clock. Emerging from their red Astra Deluxe they were lighting armed with clobber. DO Hodge carried a brief case while ADO Middleton retrieved an audio-cassette recorder from the trunk.

They then slovenly shuffled themselves through the Station’s front entrance into the reception and carried their items upstairs into the Fire Safety offices.

Whereupon they proceeded to make base camp for their campaign.

The SFE - Doc 108 Leiston Fire Station

Extracts from Divisional Officer Colin Hodge’s notebook
1st July 1998

Page # 140
Time and
Reference

Wednesday 1st July 1998
Discipline Case Sub?O Wigglesworth
(to speak to
S/O Parsons) Having left a message with S Huggins in the morning, I rang at approx 1350 and spoke to Sub/O Wa11ace and asked him to get Sub/O Wifgglesworth to contact me, which he did at approx 1400hrs. I explained I wished to arrange to interview him. This was intended to be the week commencing 20/7/98 when he returned from annual leave. However Sub/O W informed me that he was on duty the following day, Thursday 2nd July, so I said I would like to interview him then. I also asked him to confirm he was available and not tied up teaching all day. He said he had a…..

Page # 141
Time and
Reference

…… course in but other instructors were available. Sub/O W told me he wanted me to put it in writing to him (reference the interview) and also to inform his solicitors of the matter. i said I would not speak to his solicitors. He then asked me to arrange the interview through his FBU representation – this I refused to do saying the interview would be arranged through him! I said I was unable to do the interview any time on that day. But unless he could not do it then it would take place at 10. 30 @ Lowestoft. I asked him to confirm with his representative body availability and then let me know before the afternoon was out to confirm interview was on……

Page # 142
Time and
Reference

…..Later in the afternoon I tried to contact him on a couple of occasions but could not get through so at 16 . 45 I telephoned ADO smith and asked him to speak to Sub/O W at Lowestoft and confirm if the interview was on. ADO smith rang back at 16.50 and confirmed he had spoken to Sub/O w and that he had just spoken to his rep body and that they were okay for interview at 10.30 on 2/7/98. ADO Smith also informed me that Sub/O W did not want me to ring him at home to confirm arrangements “on any account.”

The SFE - Doc 107 Orford Fireman

1st July 1998


Following a period of nineteen days sick X returned to work on Wednesday 1st July 1998 to pick a normal work routine.

According to the Divisional Officer Rota Divisional Officer Colin Hodge was on duty performing an eleven-hour shift. Apparently, Station Officer Jim was quick off the mark to inform DO Hodge of X’s return to work. Accordingly DO Hodge sought to track X down for the purpose of conducting a disciplinary interview with urgency. After receiving a message to contact DO Hodge, X did so in the afternoon.

Do Hodge said he wanted to conduct an interview the next day. When asked if he would put that intent into writing he refused saying, ‘there is no such requirement’.

X said that he could not confirm immediately if he could attend the interview the next day as he was unaware of his representative’s availability. X then asked DO Hodge if he had contacted his representative, Mick Hyde, to confirm availability. To that DO Hodge said he was not permitted to contact the FBU representative and discuss or request his attendance.

In reply X reminded DO Hodge that he had already spoken to Mick Hyde on several occasions about the interview and arrangements for it so asked what the problem was now.

DO Hodge agreed he had previously made arrangements but effectively felt he had himself bent over backwards and that X should himself ensure he is represented.

X finally said he would check out his union representative’s availability for the next day and get back to DO Hodge.

The SFE - Doc 106 Orford Firefighter

30th June 1998


Following the receipt of the monthly pay slip it was apparent that the deduction in pay threatened by way of letter dated 29th May 1998 (Doc 49) had been implemented and substantiated. The net sum was in the order of or about £168.

This outcome became reality despite the fact that:

1. X had submitted a grievance as advised by Miss Sarah Davies the Brigade Human Resource Manager.

2. Being informed by X that the proposed deduction was unlawful.

3. Being informed by X that the premise, circumstance and basis of the proposed deduction were disputed and flawed.

In consequence, and despite clear unequivocal warning Deputy Chief Fire Officer Simon Smith personally orchestrated an unlawful act against a lower employee. Indeed, the reckless of the DCFO’s action were tantamount to harassment and bullying.

The DCFO might also be considered to be in breach of the Fire Service (Discipline) regulations 1985.

Abuse of Authority, Neglect of Duty, Conduct Prejudicial to Discipline or Bringing the Brigade into Disrepute could all be possible offences committed by Deputy Chief Fire Officer Smith?

The SFE - Doc 105 Orford Fire Station

The Fire Brigades Union

Established 1918

GENERAL SECRETARY: KEN CAMERON

BRADLEY HOUSE, 68 COOMBE ROAD, KINGSTON UPON THAMES, SURREY KT2 7AE
Tel 0181-541 1765
Fax 0181-546 5187
Please quote this reference on all replies
98 LR 10/14642 HH
26th June, 1998

Legal Assistance : Anthony David Wigglesworth

Brigade : Suffolk

Branch : Lowestoft


DISTRIBUTION
Mr C Jones
Thompsons Solicitors
Congress House
Gt Russell Street
London
WC1B 3LW

Member:

Your claim has now been forwarded to our Solicitors. They will forward it to one of their branches who will contact you in due course.

Regional Secretary: S Brinkley

Brigade Secretary : C Hayward

File

Ian Brandling
National Officer

IB/HGH

The SFE - Doc 104 Princes Street Fireman

GA
20 June 1998

THE FIRE BRIGADES
UNION
Bradley House
68 Coombe Road
Kingston Upon Thames
Surrey KT2 7AE
Telephone 081 541 1765

APPLICATION FOR LEGAL AID
IN ACCORDANCE WITH RULE 25 (3)
Use this form to apply for Legal Aid for ANY matter connected with your employment OTHER than an accident or illness.

This form should be read carefully and the fullest possible information given in the spaces provided. It should then be handed to your Branch Secretary or Chairperson to complete Part II. It is then his/her responsibility to forward it to Head office for action. If Legal Aid is granted the solicitor will be in touch with you direct to advise you of the next steps to be taken in the matter.
Do not delay in returning this form if you are unable to answer some of the questions.

PART I

1. Full Name (in capitals). ANTHONY WIGGLESWORTH.
2. Address. LOWESTOFT, SUFFOLK, UK.
3. Telephone. 01502 403432.
4. Branch. LOWESTOFT FIRE STATION.
5. Employing Authority. SUFFOLK FIRE SERVICE.
LOWESTOFT FIRE STATION.
6. Date of joining service. 3RD OCTOBER 1978.
7. Your rank and how long held. SUBO 4 YEARS
8. Details of matter for which legal aid is required. Full details must be given and relevant documents attached to this form.

I am currently being subject to harassment as a result of the Brigades action against me following the decision of deputy Chief Fire Officer Simon Smith’s decision to impose an unlawful deduction to my pay. I have complained about the DCFO’s unlawful behaviour and its detriment (potential/actual) to my health by registering a grievance and near miss. The Brigade have taken collateral action against me for the transmission of my complaint against the DCFO’s unlawful behaviour. I attach a copy notice of the collateral disciplinary action against me.

I wish to apply for legal assistance on the basis of the particulars given above. I have no solicitor acting for me in relation to this matter and hereby authorise you to instruct a Solicitor to act on my behalf if legal aid is granted. I confirm that I am and was a member of the F.B.U. on the date of the accident/incident/contracted illness as stated above. I understand that I am obliged to give the full facts to the Union and the unions nominated Solicitors, and that if I fail to do so or give false misleading facts, legal assistance will be withdrawn and I shall be responsible for the costs incurred by the Union and any party to litigation in which the Union has supported me. I understand that a report of my case upon its conclusion may be published by the Union.

Signed A Wigglesworth Date 20th June 1998

PART II

To be completed by the Branch Secretary or Chairperson who is responsible for passing the form to the Brigade Secretary or chairperson for endorsement and forwarding to Head Office.

Branch Secretary signature M. J. Hyde


PART III

Endorsed by Brigade Chairperson C. Hayward

The SFE - Doc 103 Princes Street Firefighter

17th June 1998


X obtains a two-week sick certificate from his General Practitioner. The certificate runs until 31st June 1998. The causation for sickness is stress caused by Divisional Officer Colin Hodge’s the harassment as recorded on 11th June 1998.

The SFE - Doc 102 Princes Street Fire Station

Suffolk County Council

Fire Service

Mr K Davey
Normanshurst Fire station
Normanston Drive
LOWESTOFT
Suffolk
Your ref
Our ref PR/SRSC1/PR/JMS
Ask for DO Smith
Tel ext 8861
15th June 1998

Dear Sir

Thank you for your recent letter requesting a copy of the Health and safety Investigation into the accident suffered by Sub Officer Tony Wigglesworth on 1st May 1998.

Before I can release this information to you, I would ask that you confirm, in writing, that this information is requested for the purpose of assisting you to perform fully and effectively your duties as a Health and safety Representative, and not for use against the Fire Authority in a subsequent and unrelated disciplinary case.

Should you require any further information, please do not hesitate to contact me on the extension mentioned above.

Yours faithfully

G Smith
DO Planning and Review

The Suffolk Fire Experience - Doc 101 Yarmouth Fireman

Statement of: Sub Officer K Davey

Age : 37

Occupation: Firefighter

Address:

Telephone No.

This statement (consisting of 3 pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

Dated 11th day of June 1998

Signature: K P Davey

This statement was taken by ………………………..at…………………………..
………………………………………..on………………………………………….I read it over to ………………………………….. and he/she read and signed it in my presence.


Signature C Hodge

I can confirm that on the 4th June 1998 at approximately 15.00 hours DO Smith called me and asked me if I was aware that SUB O Wigglesworth had submitted a H.S.F.2. I indicated that I was aware. Mr Smith then asked me in what I took to be my Union capacity ‘had I advised him to take that action.’ I had given some advice to SUBO wigglesworth and in my union capacity I am unprepared to state that at this time. DO smith asked me to remove the station copy and I was not confident at doing so I therefore forwarded it to STN O parsons for his attetntion. K P Davey

Signature K P Davey