The Suffolk Hyde Affair - Doc 69 Suffolk Firework's Displays

Suffolk County Council

PRIVATE & CONFIDENTIAL
FIRST CLASS POST

M Hyde Esq
Lowestoft

6028/JCA/JEC
Miss Alexander
01473 584148
18th March 1999

Dear Sir,

RE: CASE NO. L0900306
MJ HYDE – V – M ALCOCK

I am instructed by the Suffolk Fire Service in connection with your action against Mr M Alcock, Chief Fire Officer. I note you are claiming an amount of money equivalent to the difference between your enhanced and substantive salary for 90 days in lieu of Notice of Termination of your temporary probation from the rank of Firefighter to Leading Firefighter.

It is clear that, in making your temporary promotion to the rank of Leading Firefighter dependent upon the return to full duties of Mr Brown, you were expecting to resume your substantive rank either upon Mr Brown’s return to work or upon the expiry of your contractual notice period (i.e 90 days).

Thus, you are entitled, in lieu of notice, to receive a sum equivalent to 90 days remuneration at your former temporary rank, less monies already paid in respect of your substantive rank for that period. Accordingly, I have now advised the Fire service to arrange for payment of the appropriate sum in respect of salary in lieu of notice via payroll.

Regrettably, in naming Mr M Alcock as the defendant to the summons you have erred in that, as a matter of law, your employer is Suffolk County Council and it is on behalf of the Suffolk County Council that the notice period would have been given or payment of salary made in lieu of notice made.

Technically, Mr Alcock would be entitled to apply to have the summons struck out as showing no cause of action. This would necessitate you issuing new proceedings to recover the monies due to you and you would incur further court fees in doing so (each party being expected to bear their own costs in the Small Claims Court).

In view of the willingness of the Suffolk Fire service to settle this matter in your favour, a more sensible course of action would be for you to agree to withdraw your claim against Mr Alcock upon the basis of the admission of liability on behalf of Suffolk County Council contained in this letter. Upon receiving written notification of the withdrawal of your claim I will advise that payment arrangement be made.

If we have not received written notification of your acceptance of this offer by 4.00 pm on Wednesday, 24 March 1999, I shall take the necessary steps to defend your claim against Mr Alcock.

Yours faithfully

Alexander

For K W Stevens
County Secretary and Solicitor

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