Sunday, January 08, 2006

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.

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