Tuesday, December 19, 2006

The Suffolk Fire Experience - Doc 360 Beccles Woman Firefighter

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Suffolk County Council

Fire Service

Sub Officer X
Cc Colin Hodge: Jo Campbell: Dave Morgan: File
Your ref
Our ref KES/DISC/SubO X2
Ask for ACFO Seager Tel(01473) 588939

17th November 1998

Dear Sub Officer X

FIRE SERVICES (DISCIPLINE) REGULATIONS, 1985 CHARGES OF DISOBEDYENCE TO ORDERS AND ABSENCE WITHOUT LEAVE

I refer to my letter dated 11th November 1998.

I am writing to confirm that the provisional date of the 3rd December set for the hearing of the charges referred to above is no longer practicable, and the hearing is therefore postponed to a date yet to be arranged.

In view of the fact that you have named all the Principal Officers of the Brigade as witnesses in your defence of these charges, I am left with no alternative but to refer this matter to Mr Dave Morgan of County Personnel, and ask that he arranges for these charges to be heard by a disciplinary Tribunal of elected members, in the same way as the earlier charge of insubordination.

I believe Mr Morgan has contacted you already to begin the process of reviewing your witness lists.


If you have any queries arising from the contents of this letter, please do not hesitate to contact me at these headquarters by telephoning the number shown above.

I enclose a copy of this letter for you to pass to your union representative.


Yours sincerely

KE Seager
Assistant Chief Fire officer (Technical)
Brigade Investigating Officer

Enc copy for FBU Representative.

The Suffolk Fire Experience - Doc 359 Beccles Retained Fireman

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Zedgen (revised)

SUFFOLK FIRE SERVICE

To: StnO Parsons
Per C.F.O.

From: SubO X
Station: 055

Date: 17 November 1998

Application for leave

Sir,

I request 1 weeks leave (winter annual leave) starting 5th December 1998.

SubO X. SubO 854.



“Granted. 18.11.98 J Parsons

The Suffolk fire experience - doc 358 Beccles Fire Station History

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Suffolk County Council

Fire Service

Sub Officer X

Your ref
Our ref KES/DISC/SubO X2
Ask for ACFO Seager Tel(01473) 588939

11th November 1998

Dear Sub Officer X

NOTIFICATION OF WITNESSES

I refer to your letter dated the 4TH November in which you have advised your intention to call 42 separate witnesses in your defence of the charges against you due to be heard on 3rd December 1998.

I find it difficult to see how the vast majority of those named can be deemed: “witnesses of relevant facts” (Guidance on the Fire Services’ (Discipline) regulations, 1985, paragraph 7, Annex D, page 13) in respect of the charges against you.

On advice from the County Solicitor’s Department, I have passed your letter to the County Director of Personnel with a request that he establishes from you a justification, in each case, for the attendance of that witness based on the description given in the preceding paragraph. In view of the fact that the hearing is scheduled for early December, I shall ask that this matter be resolved to my satisfaction with the minimum of delay.

You will no doubt be contacted by Mr Pritchard shortly.

I enclose a copy of this letter fro you to pass to your Union Representative.

Should you have any queries about the contents of this letter, please do not hesitate to contact me at Fire Service Headquarters Ipswich by telephoning the number shown above.


Yours sincerely

KE Seager
Assistant Chief Fire officer (Technical)
Brigade Investigating Officer

Enc copy for FBU Representative.

The Suffolk Fire Experience - Doc 357 Halsted Fireman

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Case Number 1501132/98


THE EMPLOYMENT TRIBUNALS

BETWEEN

Applicant

SUBO X

And

Respondent
Suffuck County Council

DECISION OF THE EMPLOYMENT TRIBUNAL HELD AT NORWICH ON 11 NOVEMBER 1998

CHAIRMAN: MR C R ASH (SITTING ALONE)

DECISION
The application PURSUANT TO THE PROVISIONS OF Section 44 of the Employment Rights Act 1996 stands no reasonable prospect of success.

REPRESENTATION

FOR THE APPLICANT Mr C JONES SOLICITOR

FOR THE RESPONDENT MR GILLESPIE, IN HOUSE SOLICITOR

REASONS
1.The applicant is employed as a fire officer by the respondent authority. As a result of a back injury he was off sick. Deputy Chief Fire Officer Simon Smith wrote to him expressing the view that the injury was his own fault and that he was not entitled to full sick-pay under the regulations. It seems they were mistaken in that regard and they have since satisfied his wages Act claim.

2. The officer completed a near miss report advising his superiors that as a result of their threatening letter his health was at risk. That action is at the moment the subject of disciplinary proceedings.

3. He brings a claim that he has suffered a detriment in connection with Section 44 by reason of his employers actions.

4. Section 44 is quite clear in its provisions. It applies in a number of circumstances: having been designated to carry out activities in connection with preventing or reducing risks to health and safety at work the employee carried out such activities; being a representative of workers on matters of health and safety or being an employee taking part or proposing to take part in consultations with the employer or at a place where there were no representatives brought to the employers attention by reasonable means circumstances connected with his work which he reasonably believed were harmful or potential harmful to health and safety.

5. The proposition being advanced by the applicant is that the letter from the respondent authority purporting to deduct moneys from his sick-pay relates to health and safety because of the effect it had on him.

6. It seems to me and I so find, that in my opinion the linking of a letter deducting wages, albeit wrongfully, from a firefighter’s pay with an issue relating to health and safety is fanciful in the extreme. Indeed in my view it is nonsense and I am firmly of the view that this claim stands no prospect of success whatever. Were it in within my power, which it is not, I would strike it out.

7. I am satisfied the applicant is paid in the order of £22,000 per year gross. He is a householder with a mortgage of some 300.00 per month and no doubt the usual bills and expenses. I am satisfied he is well capable of paying a deposit and in this case I order the maximum deposit of £150.00 to be paid as a condition of this action proceeding further. The necessary forms are to be served pursuant to this direction.

CR ASH CHAIRMAN

The Suffolk Fire Experience - Doc 356 Halsted firefighter

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Case Number 1501132/98


THE EMPLOYMENT TRIBUNALS

BETWEEN

Applicant

SUBO X

And

Respondent
Suffuck County Council

DECISION OF THE EMPLOYMENT TRIBUNAL HELD AT NORWICH ON 11 NOVEMBER 1998

CHAIRMAN: MR C R ASH (SITTING ALONE)

DECISION
The applicant’s claim that the unlawful deduction from wages is conceded by the employer. The said deductions have been refunded to the applicant.

REPRESENTATION

FOR THE APPLICANT Mr C JONES SOLICITOR

FOR THE RESPONDENT MR GILLESPIE, IN HOUSE SOLICITOR

CR ASH CHAIRMAN

The Suffolk Fire Experience - Doc 355 Halsted Fire Station

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Suffolk County Council

Fire Service

SUBO X

Your ref
Our ref MHA/MLA
Ask for CFO Allcock
Tel (01473) 588969

10th November 1998

Dear Sub Officer X

I refer to your letter dated 1st November 1998, which arrived at these headquarters on the 9th November 1998. The matters that you raise in your letter have been the subject of an extensive enquiry carried out by a senior member of another County Department on behalf of the Chief Executive. I understand that the result of this investigation is that there is no evidence to support your allegations.

It would therefore be inappropriate to proceed with a formal investigation under the Fire Service (Discipline) Regulations.

Yours sincerely

M H Allcock
Supreme Chief Fire Officer

The Suffolk Fire Experience - Doc 354 Wattisham Fireman

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10 Somerleyton Road Oulton
Suffolk NR32 4RD

your ref Tel 01502 574763

09 - 11 - 98
Dear Mr Stevens

Following a recent inquiry with Mr D Lay the latter informed me that you are the appointed Suffolk County Council monitoring officer and, charged with ensuring that the Local authority acts lawfully in the conduct of its business.

In connection with this role I am writing to you to inform you of the fact that the Deputy Fire Officer has contravened certain aspects of employment law against myself of which I sure you are already aware. I leave the matter in your hands.

yours sincerely

A D Wigglesworth BSc, G.I.Fire. E.

The Suffolk Fire Experience - Doc 353 Wattisham MOD Firefighter

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CONFIDENTIAL
SICKNESS ABSENCE MANAGEMENT REPORT SHEET

DEPARTMENT
055

SUPERVISOR/MANAGER
Do Hayden

NAME OF INTERVIEWEE
SUBO X

RANK
SUBO

BRIGADE NUMBER
854

SICKNESS DATES
12- 30/06/98

NUMBER OF DAYS
11

DATE OF INTERVIEW
09/11/98

MANAGERS COMMENTS

I have conducted an informal chat with SUBO X regarding his absence due to sickness report. Although SUBO X has exceeded the conditions for the triggers number 1 and 2 there does not appear to be an underlying trend of unacceptable absence. The 2 periods concerned appear isolated and not indicative of any underlying problems.

SUPERVISORY OFFICER
R Wilson

DATE
9/11/98

The Suffolk Fire Experience - Doc 352 Wattisham MOD Fire Station

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10 Somerleyton Road Oulton
Suffolk NR32 4RD

your ref, inc 762 Tel 01502 574763

09 - 11 - 98
Dear ADO Seager,

Further to our telephone conversation 09-11-98.

I formally request, in toto the accident investigation concerning myself carried out by ADO Hayden on 01-05-98.

yours sincerely

A D Wigglesworth BSc, G.I.Fire. E.

The Suffolk Fire Experience - Doc 351 Graham Noakes Essex FBU

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TERESA GORMAN MP
Billericay & District
House of Commons
London
SW1A 0AA

Tel: 0171-219-5171
Fax: 0171-219-6856

Our ref: TG/JB


Date 5th November 1998

Dear Mr Noakes,

Thank you for your recent letter.

All Britain’s fire services are far too overstaffed. It is one of the last of the dinosaur industries clinging to feather bedding, using shroud waving and blackmail to prevent the modernisation of the service.

The Algarve is stuffed with healthy young British males, living comfortably, their incomes supplemented by disablement pensions from the fire service.

In Arizona, when the fire service was privatised, it became obvious that 80% of all ‘calls’ could be dealt with by two men in a fast car. And the cost of the service was halved.

Who will be the first council to have an open debate on privatising its fire services and let some fresh air into the argument?

Yours sincerely
Mrs Teresa Gorman MP

Mr Graham Noakes
Brigade Chair
Essex Brigade Committee
21 Mcdivitt Walk
Eastwood
Leigh-on-sea
Essex SS9 5UD

The Suffolk Fire Experience - Doc 350 Braintree Fireman

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Suffolk County Council


Mr. A. Wigglesworth
Lowestoft

Your ref
Our ref LH/VH/HQ.2 (e)

Date 5th November 1998

Dear Mr Wigglesworth

I have now received the report of the initial investigation from Mr Lynch which he has undertaken at my request. It is not normal practice to release investigation reports to complainants but Mr Lynch is happy to do so in this case. The report is made to me, and it is my decision on receiving it that there is no case of harassment against you, and that the actions of the officers concerned with this matter were carried out with professionalism and in good will at all times.

I would be happy to meet with you and Mr Hyde to discuss my findings if you’d like to meet me.

Yours sincerely

Lin Homer
Chief executive

The Suffolk Fire Experience - Doc 349 Braintree Firefighter

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Events day after Hazardous materials course 4th November 1998 (see Doc 345)


To cap it all next morning Thursday 5th November 1998 ADO Campion(Champion the wonder horse or Pilsbury as he was known) decided to stick his nose in SubO X’s business again. It came to pass that they passed each other in a corridor on the ground floor at Lowestoft Fire Station. At the same time Malcolm Barker (John Lofthouse’s mate – he got pulled in by the local plod when the story hit the News of the World) was present. Anyway at this time Pilsbury challenges X and asked him if he did a risk assessment for the previous days exercise. Of course I did said X. Maybe Pilsbury is mutton Jeff or somemat as he repeats the question and pushes it further. “Your sure you did are you” babbles chubby Pilsbury?

Must have been touting for a bit more business?

The Suffolk Fire Experience - Doc 348 Braintree Fire Station

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Statement of: Stephen Bartram

Age : 35

Occupation: Firefighter

Address: 2 Bayspole Road, Long Stratton, Norwich, Norfolk
Telephone No. 01508 531689

This statement (consisting of 2 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 4th day of NOVEMBER 1998

Signature: S Bartram

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



Signature S Bartram. L/Ff read and signed in my presence C Hodge


On Tuesday 4th August I submitted a leave request to STO Parsons requesting leave for 5th, 6th, 7th and 14th August 1998. This was my first day back at work following attendance at the Fire Service College and I was not aware that STO Parsons was on annual leave. I placed my request for leave in STO Parsons office in the leave book on his desk with the others from SubO’s Davey and Wigglesworth. Following a discussion with ADO Hayden which was about availability for meeting with him I showed him the leave requests in STO Parson’s book and made him aware that I would be on leave for the rest of the week. I did not ask ADO Hayden to approve the leave because in my opinion……..
Signature S Bartram.


Page 2
Signature S Bartram.
…….. I had already compiled with the department procedure for obtaining leave.

Page 2
Signature S Bartram.

The Suffolk Fire Experience - Doc 347 Suffolk fire Engine Services

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Statement of: Barry Kent

Age : 33

Occupation: Firefighter

Address: 17 Blackdown Avenue, Rushmere St Andrew, Ipswich Suffolk, IP5 1AY

Telephone No. 01473 622146

This statement (consisting of 2 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 4th day of NOVEMBER 1998

Signature: B Kent

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



Signature SUB/O Kent C Hodge


On Saturday 25th July 1998, I came in the Brigade headquarters and I complete a written report for me leave, me leave it was for Fursday 6th August, to Station Officer Parson. At this time I was in week 2/3 of ann RTAI corse at Fire service Colledge. The submit was I put in internal male via reception at HQ on same the date. I assumd the reqest would be seens by Station Parsons and unlees I herd anything I should get me leave. I not aware Station Parsons was on his leave at time….
Signature B Kent

Page 2

B Kent

….I did get a copie of ADO’s Haydens memo about leaves when I were at Fire service Colledge and it had date 8th July on it. I thought my leave request to Station Parson wars alright and I kept to rules in the memo.
Signature J Parsons
B kent

The Suffolk fire experience - Doc 346 Witham Fireman

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Statement of: Station Officer James Parsons

Age : 37

Occupation: Fire Officer

Address: Meadow View Narrow way Wenhaston Halesworth

Telephone No. 01502 478547

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 4th day of NOVEMBER 1998

Signature: J Parsons

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



Signature S/O Parsons C Hodge


When I receive leave requests I check instructor commitments by reference to an instructors schedule which sometimes carry with me. If the request does not appear to clash with course duties then I record leave in that schedule and normally I sign the leave request and file it. the instructors schedule doubles as my own personal diary and I am normally the only person to make entries on it. With reference to Sub Officer Kent’s request for leave dated 25th August 9 July and addressed to me: in answer to the question from DO Hodge I can not ever recall having seen the request. I was…..

Signature J Parsons

Page 2

J Parsons

.. on duty on 27/28/29 July at Normanshurst as far as I can re-call. Having checked my instructors schedule the record indicates Sub O Kent as being on leave and I would therefore assume that I made that entry having seen the request, before going on leave. With reference to a leave request from LFF Bartram 4th august 1998 requesting leave for 5/6/7/14 august 1998: I can confirm that I was on annual leave on that date and that I did not see the request and I did not therefore enter the details in the instructors schedule. With reference to Sub O Daveys leave on the 3rd request 29th July 1998 addressed to ADO Training requesting leave on the 3rd August : I can re-call this because I had to make alternative arrangements for instructor cover at Sizewell that day. I entered the leave in the instructors schedule. With reference to Sub O Wallis’s request for leave 23rd July 1998 addresses to ADO Training I can confirm that I re-call this request and that the details have been……
Signature J Parsons 743

Page 3

J Parsons

….. recorded in my instructors schedule for leave on all the dates requested. I remember Sub O Wallis handing me this request and discussing it with me. With reference to Sub O Davey’s request for HS leave on 5/11 August: on being questioned by DO Hodge today I cannot recall the submit in question, however there is a copy in the leave folder and I have recorded it in the instructors schedule as leave. Until to-day I was not aware of the comments which had been made on the copy sent to the DCFO.

J Parsons

The Suffolk Fire Experience - Doc 345 Witham Firefighter

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Events Hazardous materials course 4th November 1998


This was a strange turn of events. Good old boy SubO X was running a hazardous materials course and had decided to run a mini exercise on the new road being constructed (now millennium way). This after negotiating the stunt with the site manager. Away after a meticulous lay out and organisation the exercise comprising a wagon loaded with dangerous barrels of chemicals got under way straight after lunch. So off went the training department fire engine with the course crew on board and on time according to the brief they had been given. SubO X was at the scene already. In the distance the decrepit old banger of a fire engine could be seen getting closer. However right behind its trail was a red staff car with ADO Campion(Champion the wonder horse or Pilsbury as he was known) in it. Nothing strange about that? Well not until Pilsbury followed the fire engine onto the partly constructed road still not accessible to traffic. Hmm not only that as soon as the fire engine stopped at the exercise so did Pilsbury. Funny despite many years in the brigade good old Pilsbury had never once bothered to poke his nose into any of the training departments business.

The Suffolk Fire Experience - Doc 344 Witham Fire Station

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10 Somerleyton Road Oulton
Suffolk NR32 4RD

your ref Tel 01502 574763

04 - 11 - 98
Dear Mrs Campbell,

Further to your letter dated 27-10-1998
I advise you of the following witnesses who may be called with regard to the discipline hearing scheduled for 3rd December 1998 ;

DO Hayden, P.
L.F.F. Bartram, S.
D.C.F.O. Smith, S.
A.D.O. Seager, P.
SubO Davey, K.
DO Smith, G.
StnO Parsons, J.
DO Batchelor, R.
DO Hodge, C.
ADO Middleton, R.
ACFO Seager, K.
ACFO Tinley, T.
CFO Alcock, M.
SubO Moran, G.
SubO Mitchell, R.
SubO Landis, H.
SubO Marris, R.
ADO Fuller, A.
StnO Saward, G.
SubO Redbourne, P.
SubO Wallis, C.
SubO Boyce, K.
SubO Rhind, S.
SubO Raven, P.
SubO Kent, B.
Mr R Croft.
Mrs S Huggins.
FF Gilbert, M.
FF Beamish, J.
FF Woolstenholmes, P.
FF Mayhew, A.
FF Hayward, C.
FF Woodard, R.
LFF Collins, D.
StnO Sanderson, M.
Suffolk County Council Chief Executive Lin Homer
Suffolk County Council Solicitor Mr K Stevens
Suffolk County Council harassment Adviser Mr A Webb
Suffolk County Council harassment Adviser Mr K Lynch
Suffolk County Council personnel officer Heather Marsden
Suffolk County Council personnel officer Mr D Lay

All of the above are Suffolk County Council employees and I trust you have access to the relevant addresses.
I can confirm that my representative will be FF Hyde M who will be assisted bt FF Gilbert M.

yours sincerely

A D Wigglesworth BSc, G.I.Fire.E.

Saturday, December 16, 2006

The Suffolk Fire Experience - Doc 343 Felixstowe Dock Firemen

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Our ref DD/JH/SFS/SubO X Allington NHS Trust
Health Care in the Community
Occupational Health Service
Private & Confidential c/o The Ipswich Hospital
Heath Road
SubO X Ipswich
Lowestoft Suffolk
IP4 5PD Tel 01473 704011
Fax 01473 704241

Dear SubO X,

Further to your letter of 27th October 1998, please find enclosed a copy of my report to the Chief Fire Officer dated 16th September 1998, that was compiled following my consultation with you at Bury St Edmunds Fire Station, on the afternoon of 15th September 1998. Accompanying this is a copy of Form C, certificate your fitness to continue operational fire-fighting duties. These two documents comprise the entirety of my report to the Fire service following your consultation with me on 15th September 1998.

Should have any comments about the report of 16th September 1998 I would be pleased to reply to your submission in writing.

Yours sincerely

Dr David Deacon. MA Mb BChir DOcc Med Hypnotist Water therapist Occupational Health Physician

Enc

The Suffolk Fire Experience - Doc 342 Felixstowe Dock woman Firefighter

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Spare

The Suffolk Fire Experience - Doc 341 Felixstowe Dock Fire Station Charity Event

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Re Doc 340


All very interesting what the naughty Mr Hayden had say about SubO X’s status as a FBU Health & Safety Rep.

Al the more interesting considering what is record in docs 8,9 & 22 near the beginning of this sordid affair. Especially as good old boy Pablo Hayden gave SubO X a reference for a job application to Durham and Darlington Fire and Rescue Service in 1997. Oops it seems that as part of that reference good old boy Pablo Hayden stated that X was the FBU Health & Safety Rep for his area.

So as for Pablo’s recorded statement in doc 340 ‘he (Pablo Hayden) maintains that he has never believed you to be the health and safety representative.’

All in all pants down and caught out fully exposed as a serial liar. Pablo next time remember to keep a full record of everything you have said so you don’t drop another clanger by the desire to engage in perpetual falsehood.

The Suffolk Fire Experience - Doc 340 Brigdend Fireman

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Thompsons
Solicitors
CONGRESS HOUSE
GREAT RUSSELL STREET
LONDOM
WC1B 3LW
DX 35722 BLOOMSBURY
TEL 0171 637 9761
FAX 0171 637 0000
Fax 0181-546 5187

CDJ/SUBOX/L98/60166

SubO X
Lowestoft

By Post only

2 November, 1998

Dear SubO X,

YOUR CLAIM

Mr Hayden has told the other side that the health and safety inspection sheets that are signed by you and he came into being in the following way. Mr Hayden asked you to carry out an inspection of the smoke house, but he claims that he did so not in your capacity as a health and safety representative. He says that when you returned with the forms, he assumed that the inspection had been carried out by you with Mr Davey and therefore the forms had the authority of Mr Davey. It was on that basis that he signed them. Mr Hayden repeats that he did not sign the forms thinking that you were the health and safety representative because he maintains that he has never believed you to be the health and safety representative.

If you have any comments, then please let me have them.




Yours sincerely


Craig Jones
For THOMPSONS

The Suffolk Fire Experience - Doc 339 Bridgend Firefighter

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Mr A Wigglesworth
Lowestoft

The Chief Fire Officer
Suffolk Fire Service
Brigade Headquarters
Colchester Road
Ipswich
Suffolk
IP4 4SS


1ST November 1998

Dear Chief Fire Officer Alcock,

As you are aware a harassment investigation was undertaken recently and carried out by County Council Officers.

During the course of the investigation the principal investigator, Mr Keith Lynch, told me that you would be unaware of certain key events, arising from the circumstances of the harassment complaint, that would require discipline action against other Brigade Officers.

With Mr Lynch’s instruction in mind it is my duty to inform you that Deputy Chief Fire Officer Simon Smith did by way of letter to me, dated 29th May 1998 (HR/SD/CAB), threaten unlawful action which became substantive 30th June 1998. The actions organised and authorised by Deputy Chief Fire Officer Simon Smith were a contravention of the Employment Rights Act (1996) and are specifically prohibited by section 13 of that Act.

Such wrong doing is I believe a breach of the Fire Service (Discipline) Regulations 1985. I leave the matter in your hands.



Yours sincerely


A D Wigglesworth BSc, G.I.Fire.E