The Suffolk Hyde Affair - Doc 261 Leiston Volunteer Fireman

The Fire Brigades Union

No. 10 Region
Chris Hayward
55 Burrell Rd
Ipswich
Suffolk
IP2 8AH

24th June 1999

CFO Alcock
Suffolk Fire Service
IP2 8AH

Dear Mr Alcock,

Appointment of assessors for summary hearings

I am writing to you to express my concern regarding the brigades decision to appoint an assessor for a summary hearing within the Fire Service discipline regulations 1985.
To my knowledge this is a first for Suffolk. I have spoken to Bill Rampling and Graham Tranquada who deal with discipline matters on behalf of the union at brigade and regional level respectively and both are unaware of this circumstance happening before. My investigations would therefore indicate to me that this would indeed be setting a precedent.
I have contacted Thompsons the FBU solicitors for advice on this matter. Their opinion is that the brigade are not entitled to appoint an assessor for a summary hearing. That regulation 9 (4) specifically provides the chief with power to appoint up to two assessors for a hearing where the hearing falls to be heard by him or the elected members. A summary hearing, regulation 9 (3) procedure does not fall within either of the above circumstances and as such no assessor should be present.

The guidance states "the general tone of the hearing (summary) should be more of an interview than a procedural hearing". This then begs the question what role an assessor would play in an "interview" style hearing.

1. Why are the brigade seemingly going against the discipline procedures and guidance?
2. Who made the decision to appoint an assessor?
3. Why does the brigade believe there is a necessity to have an assessor present.
4. Is this precedent, due to the fact that the defendant is an active trade union official?
5. Why is there no mention of assessors in the guidance (annex c) regarding summary hearings if this facility is available to the brigade?
6. Why does the role and function of an assessor only appear under annex d (the full hearing ) in the guidance notes?
7. Can the brigade provide an example where this has happened before?

The FBU firmly believes that by appointing an assessor, the brigade is not adhering to the 1985 discipline regulations and I would ask that this decision is reversed.

The case in question has been set for the 20th July. I would therefore be grateful if I could receive a reply as soon as possible.

Yours sincerely,

Chris Hayward

Brigade Secretary, Suffolk FBU.