Friday, January 06, 2006

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.

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