The Suffolk Fire Experience - Doc 325 Divisional Officer Richard Smith Suffolk
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REPORT OF INVESTIGATION
9. SERVING OF DISCIPLINARY PAPERS
9.1 Wigglesworth regards the events around the service of prosecution papers in June and July as another significant harassment issue. He said he was concerned at receiving threatening and abusive telephone calls from ACFO Seager at home in connection with the discipline process.
9.2 According to Wigglesworth DO Colin Hodge and ADO Robert Middleton served him with a caution on 10th June 1998. They then interviewed several people and gathered information. He claimed they then checked the blue watch rota to see when his union representative would not be on station. Despite gathering all the information they required and being station 46 miles away at Ipswich the same 2 officers returned to Lowestoft Fire Station the next day (11th June 1998). This coincided with Wigglesworth being alone in the training department and his union representative being on rota. Wigglesworth claims that the 2 officers began following him around the station and barraged him with a string of offensive and intimidating remarks. He said that their behaviour caused him distress and required him to book sick on the same day with stress.
9.3 ACFO Seager was responsible for conducting the Wigglesworth investigation. He said that no instruction had been given to any officer to act in the way described by Wigglesworth. He is clear that he did not threaten Wigglesworth when he spoke to him on the telephone. He said he merely reminded Wigglesworth of his contractual responsibilities to co-operate with his investigation.
9.4 ACFO Seager said he regularly speaks to fire officers at home and the procedure he adopted with Wigglesworth was standard. He said that forewarning the offender enables them to contact their union representative.
9.5 With regard to the call to Wigglesworth’s home on the 31st July 1998. ACFO Seager said he had been trying to get hold of Wigglesworth at work since 4.30 pm but without success. As he finished work at 5.00pm he thought it in Wigglesworth’s interest to contact him at his home. Wigglesworth’s response was that he had finished work for the weekend and the matter could be dealt with on Monday morning. ACFO Seager said that Wigglesworth could be called into work at any time as he serves as a uniformed officer in the Fire Service. ACFO Seager said that he was merely and bluntly pointing out to Wigglesworth that if he failed to return to work when ordered he could be charged with being absent from duty.
9.6 ACFO Seager said that serving discipline papers out of duty hours was unusual. However as everything had been set up earlier in the afternoon and officers were standing by to deliver ACFO Seager decided to go ahead and order Wigglesworth to return to work. ACFO Seager said Wigglesworth had not complained to him. In addition he said the FBU seemed to be happy with this procedure.
9.7 As Wigglesworth was called back to work outside his contracted hours he tried to claim an overtime payment for this. ACFO Seager again said that Wigglesworth was duty bound to follow his orders and no overtime payment would be made. In addition he says that Wigglesworth voluntarily agreed to return to work on the Friday evening.
9.8 subjected him to then ing On 14th September 1998, Wigglesworth submitted a written request to reduce his rank; this request was made he said to mitigate the effect of abuse by DCFO Smith. Wigglesworth felt that junior officer responsibilities left him vulnerable to further negative intent by management.
8.1 The request for a reduction in rank was immediately sent By ADO Saward to Headquarters for the attention of DCFO Smith. In response DCFO Smith ordered Wigglesworth to submit himself for immediate psychological assessment. The next day Wigglesworth was, without notice, ordered to an examination by Doctor David Deacon, Occupational Health Physician. Wigglesworth said he was astounded by this act and the speed at which it took place. He said that it was so fast that the Doctor had not had the time to retrieve his records for reference during the consultation. In addition it seemed that the Doctor was somewhat puzzled and confused as to exactly what his remit was. Wigglesworth said the only logical explanation was that it was another act of retaliation by DCFO Smith.
8.2 Wigglesworth said that it was completely unacceptable that DCFO Smith had acted in so a way. It was blatantly obvious that he had stepped over the mark of reasonable behaviour by entering into personal discussions of medical confidentiality with Doctor Deacon and also instructed the Doctor on how to undertake medical assessments. Wigglesworth said all medical referrals are specifically the responsibility of the Human Resources Department.
8.3 DCFO Smith said the speed of referral was not out of the ordinary and specifically to ensure the brigade carried out its duty of care to Wigglesworth. In consequence, the DCFO felt it was good management practice. The Human Resource Manager said the quick appointment came about because a block booking of examinations by the Doctor had been made well in advance, and there were some vacant slots. So, as Wigglesworth had a medical issue it was commonsense to send him to the first available consultation.
8.4 DCFO Smith said it was preposterous to suggest he had breeched medical confidentiality. In the first instance the situation is one of occupational health and the Doctor is employed to report to the Fire Service. Secondly, The DCFO felt his action in discussing the Wigglesworth problem with Doctor Deacon was good management practice. It ensures that the Doctor is fully aware of the circumstances. DCFO smith said as far as he is aware there has been no objection verbally or in writing by the Doctor. The DCFO also said that the practice of speaking to the Doctor in the Occupational Health Department is common throughout other Council Departments.
8.5 Whilst Wigglesworth regards the instant referral and involvement of DCFO Smith disturbing, irregular and a sign of harassment I found the explanations acceptable. In consequence, DCFO Smith followed an acceptable set of procedures in ordering Wigglesworth to attend for the medical.
REPORT OF INVESTIGATION
9. SERVING OF DISCIPLINARY PAPERS
9.1 Wigglesworth regards the events around the service of prosecution papers in June and July as another significant harassment issue. He said he was concerned at receiving threatening and abusive telephone calls from ACFO Seager at home in connection with the discipline process.
9.2 According to Wigglesworth DO Colin Hodge and ADO Robert Middleton served him with a caution on 10th June 1998. They then interviewed several people and gathered information. He claimed they then checked the blue watch rota to see when his union representative would not be on station. Despite gathering all the information they required and being station 46 miles away at Ipswich the same 2 officers returned to Lowestoft Fire Station the next day (11th June 1998). This coincided with Wigglesworth being alone in the training department and his union representative being on rota. Wigglesworth claims that the 2 officers began following him around the station and barraged him with a string of offensive and intimidating remarks. He said that their behaviour caused him distress and required him to book sick on the same day with stress.
9.3 ACFO Seager was responsible for conducting the Wigglesworth investigation. He said that no instruction had been given to any officer to act in the way described by Wigglesworth. He is clear that he did not threaten Wigglesworth when he spoke to him on the telephone. He said he merely reminded Wigglesworth of his contractual responsibilities to co-operate with his investigation.
9.4 ACFO Seager said he regularly speaks to fire officers at home and the procedure he adopted with Wigglesworth was standard. He said that forewarning the offender enables them to contact their union representative.
9.5 With regard to the call to Wigglesworth’s home on the 31st July 1998. ACFO Seager said he had been trying to get hold of Wigglesworth at work since 4.30 pm but without success. As he finished work at 5.00pm he thought it in Wigglesworth’s interest to contact him at his home. Wigglesworth’s response was that he had finished work for the weekend and the matter could be dealt with on Monday morning. ACFO Seager said that Wigglesworth could be called into work at any time as he serves as a uniformed officer in the Fire Service. ACFO Seager said that he was merely and bluntly pointing out to Wigglesworth that if he failed to return to work when ordered he could be charged with being absent from duty.
9.6 ACFO Seager said that serving discipline papers out of duty hours was unusual. However as everything had been set up earlier in the afternoon and officers were standing by to deliver ACFO Seager decided to go ahead and order Wigglesworth to return to work. ACFO Seager said Wigglesworth had not complained to him. In addition he said the FBU seemed to be happy with this procedure.
9.7 As Wigglesworth was called back to work outside his contracted hours he tried to claim an overtime payment for this. ACFO Seager again said that Wigglesworth was duty bound to follow his orders and no overtime payment would be made. In addition he says that Wigglesworth voluntarily agreed to return to work on the Friday evening.
9.8 subjected him to then ing On 14th September 1998, Wigglesworth submitted a written request to reduce his rank; this request was made he said to mitigate the effect of abuse by DCFO Smith. Wigglesworth felt that junior officer responsibilities left him vulnerable to further negative intent by management.
8.1 The request for a reduction in rank was immediately sent By ADO Saward to Headquarters for the attention of DCFO Smith. In response DCFO Smith ordered Wigglesworth to submit himself for immediate psychological assessment. The next day Wigglesworth was, without notice, ordered to an examination by Doctor David Deacon, Occupational Health Physician. Wigglesworth said he was astounded by this act and the speed at which it took place. He said that it was so fast that the Doctor had not had the time to retrieve his records for reference during the consultation. In addition it seemed that the Doctor was somewhat puzzled and confused as to exactly what his remit was. Wigglesworth said the only logical explanation was that it was another act of retaliation by DCFO Smith.
8.2 Wigglesworth said that it was completely unacceptable that DCFO Smith had acted in so a way. It was blatantly obvious that he had stepped over the mark of reasonable behaviour by entering into personal discussions of medical confidentiality with Doctor Deacon and also instructed the Doctor on how to undertake medical assessments. Wigglesworth said all medical referrals are specifically the responsibility of the Human Resources Department.
8.3 DCFO Smith said the speed of referral was not out of the ordinary and specifically to ensure the brigade carried out its duty of care to Wigglesworth. In consequence, the DCFO felt it was good management practice. The Human Resource Manager said the quick appointment came about because a block booking of examinations by the Doctor had been made well in advance, and there were some vacant slots. So, as Wigglesworth had a medical issue it was commonsense to send him to the first available consultation.
8.4 DCFO Smith said it was preposterous to suggest he had breeched medical confidentiality. In the first instance the situation is one of occupational health and the Doctor is employed to report to the Fire Service. Secondly, The DCFO felt his action in discussing the Wigglesworth problem with Doctor Deacon was good management practice. It ensures that the Doctor is fully aware of the circumstances. DCFO smith said as far as he is aware there has been no objection verbally or in writing by the Doctor. The DCFO also said that the practice of speaking to the Doctor in the Occupational Health Department is common throughout other Council Departments.
8.5 Whilst Wigglesworth regards the instant referral and involvement of DCFO Smith disturbing, irregular and a sign of harassment I found the explanations acceptable. In consequence, DCFO Smith followed an acceptable set of procedures in ordering Wigglesworth to attend for the medical.
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