The Suffolk Hyde Affair - Doc 70 SASmith

The Bottomline is that Suffolk County Solicitors admit that Y’s contractual rights have been breached.

Therefore, the reversion of Y to Firefighter was outside of the agreed contractual terms. In consequence, the order to compel Y to revert was unlawful in law. In the words of Suffolk County’s solicitor, ‘It is clear…….Thus you are entitled.’

Y was legally entitled to retain the Leading firefighter for 90 days when told he was to be demoted.

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.

And another thought on this is that Y was a fully paid up member of the Fire Brigades Union. Where were they when he wanted their help?

So the reversion of Y was a breach of contract. And what of the Discipline prosecution in relation to these circumstances? The circumstances now being to result from an unlawful order. Stick with the site and find out.