The Suffolk Fire Experience - Doc 169 Clare Firefighter Vacancies

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IN THE INDUSTRIAL TRIBUNAL
CASE NO:

BETWEEN

ANTHONY DAVID WIGGLESWORTH
PLAINTIFF


And

SUFFOLK COUNTY COUNCIL
DEFENDANT

GROUNDS OF COMPLAINT

THOMPSONS
Congress House
Great Russell Street
LONDON
WC1B 3LW
DX39152 BLOOMSBURY
Telephone: 0171 637 9761
Facsimilie: 0171 637 0000
Solicitors for the Plaintiff
Reference: CDJ/WIGGLESWORTH/L98/60166

I am employed by the Respondent as a Sub-Officer in the Respondent’s Fire and Rescue Service. I am based at Lowestoft Fire Station.

1.
On or around 1st May 1998, I had an accident at work. I continued to work for a further 2 days. Later I reported sick for duty for a period of 7 days. In a letter dated 29th May 1998, the Respondent told me that Deputy Fire Officer Simon Smith was of the opinion that my absence arose through my own negligence/default and therefore I was not entitled to receive sick pay in accordance with the terms and conditions of my employment. Deputy Chief fire Officer Simon Smith went on to say that in the circumstances, I would receive sick pay at only half the rate of my normal pay. I did in fact receive sick pay for the period at that reduced rate.

I submit that the with-holding by the Respondent of half my pay is a “deduction” for the purpose of section 13 of the Employment Rights Act 1996.

I further submit that no authority for the deduction had been given either:
a) by virtue of any statutory provision; or
b) by virtue of any relevant provision in my contract; or
c) by way of prior written agreement or consent from myself

and that therefore, the deduction is unauthorised and prohibited by section 13 of the Act.

2.
As a result of the Respondent’s flawed decision, I felt that I was being subjected to malicious harassment, stress and victimisation which did cause me psychological illness. In view of this, and my duty to report dangerous situations, I was compelled to complete a “near miss” form to draw attention to the fact that Deputy Chief Fire Officer Simon Smith’s reckless behaviour and action was unsafe and if unchecked likely to cause injury to employees. In response, to me carrying out my duty to report this health and safety matter the Respondent has retaliated and implemented disciplinary procedures under the Fire Services (Discipline) Regulations 1986 against me.

It is submitted that I held a reasonable belief that Deputy Chief Fire Officer Simon Smith’s response to my period of sick leave created circumstances which were harmful to health and safety and that I brought this matter to the attention of my employer by a means which was not only reasonable but was also devised and recommended by my employer. It is further submitted that by implementing the discipline procedures, my employer subjected me to action short of dismissal and did so in contravention of section 44 of the Employment Rights Act 1996.

Signed A Wigglesworth 1st August 1998