00632_08IT
THE INDUSTRIAL TRIBUNALS
CASE REFS: 1302/07
632/08
CLAIMANT: June Fahy
RESPONDENT: Northern Ireland Fire & Rescue Service
DECISION AT A STAGE 2 EQUAL VALUE HEARING
(1) At a Stage 2 Equal Value Hearing, pursuant to the Industrial Tribunals (Equal Value) Rules of Procedure (‘the Equal Value Rules’), contained in Schedule 3 of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005, the tribunal unanimously made a determination of the facts upon which the parties could not agree which relate to the question whether the work of the claimant (Group Commander) was of equal value to her named comparators, pursuant to Section 1(2)(c) of the Equal Pay Act (Northern Ireland) 1970 (‘the 1970 Act’) – as set out in Paragraph 2 of this decision.
(2) In light of the determination of the said facts, the tribunal decided that a further Stage 2 Equal Value Hearing will be arranged, in due course, to:-
(a) determine the terms of the standard orders, as set out in Rule 7 of the Equal Value Rules;
(b) determine what further and other orders require to be made by the tribunal before the substantive hearing is listed in this matter.
Constitution of Tribunal:
Chairman: Mr N Drennan QC
Members: Mr J D Hampton
Ms T Madden
Appearances:
The claimant was represented by Mr M Potter, Barrister-at-Law, instructed by Thompsons McClure, Solicitors.
The respondent was represented by Mr P Ferrity, Barrister-at-Law, instructed by Directorate of Legal Services, Belfast City Council.
Introduction
1.1 It was agreed by the parties that the relevant named comparators of the claimant, for the purposes of these proceedings, were:-
Assistant Group Commander Biggar; and
Station Commander McKnight.
It was further agreed that the period in relation to which the said comparison of the claimant’s work with that of her said comparators was the period of one year, prior to the presentation of the claimant’s claim on 13 June 2007.
1.2 The tribunal at a Stage 1 Equal Value Hearing, pursuant to Rule 4(1)(d) of the Equal Value Rules on 17 October 2008, as set out in the Record of Proceedings of the said hearing, made an order that the parties would present to the tribunal a joint agreed statement, in writing, of the following matters:-
(i) The facts which both parties consider are relevant to the said question.
(ii) The facts on which the parties disagree (as to the fact or to the relevance to the question) and a summary of their reasons for disagreeing.
1.3 In compliance with the said order made by the tribunal, after considerable work was carried out by the representatives of the parties over a period of months, which work the tribunal gratefully acknowledges, the representatives of the parties prepared, for the purpose of this hearing, detailed job descriptions for the claimant and each of her said comparators, namely Assistant Group Commander Robin Biggar and Station Commander Joe McKnight. In the body of each job description, the representatives of the parties set out the facts which were not in dispute; but also highlighting those facts which remained in dispute between the parties and which required to be determined by the tribunal at this hearing before the independent expert could be required to prepare his report, relating to the question on the basis of the facts as agreed but also those facts as determined by the tribunal at this hearing. A copy of the said job descriptions, highlighted, as set out above, are pinned together and attached here and marked Appendix ‘X’ – Section B Pages 10 – 50A; Section C Pages 15 – 41 and Section D Pages 11 - 29. Whilst the tribunal acknowledges there were many facts agreed between the parties, which the tribunal therefore did not require to consider further, there remained considerable factual issues to be determined by the tribunal, as set out below in the following paragraphs of this decision. The said job descriptions, highlighted as above, therefore form part of this decision and should be read in conjunction therewith and save, as set out below, contain those facts which were agreed between the parties, prior to this hearing. Those facts which were not agreed, highlighted as set out above in the said job descriptions, and which required to be the subject of the tribunal’s determination are set out in Paragraph 2 of this decision – with the tribunal relying on the same sections and numbering as used in the said job descriptions prepared by the parties, for the purposes of this hearing, contained in Appendix ‘X’.
1.4 The tribunal heard oral evidence from the claimant, Mr Raymond Moore, former Assistant Chief Fire Officer (retired) and Assistant Chief Fire Officer Thomas Wright. In addition, the tribunal was greatly assisted by the written submissions provided to the tribunal by the representatives at various dates following the hearing of this matter.
1.5 The tribunal emphasised that, for the purposes of this Stage 3 Equal Value Hearing, the tribunal was determining, where necessary, the facts relevant to the question and was not determining whether any work of the claimant was of equal value, for the purposes of the 1970 Act, with her said comparators or either of them.
2.1 In relation to those facts, highlighted in the said job descriptions, which remained in dispute between the parties and required to be determined by the tribunal, the tribunal determined those facts, as set out below, relying on the same sections and numbering in the said job descriptions, prepared by the parties for the purposes of this hearing, contained in Appendix ‘X’ and attached hereto. For the purposes of its said determination of those facts the tribunal noted certain relevant matters, which should be read in conjunction with and as part of its said determination.
(I) Group Commander (Controls) June Fahy
Section B
B Page 10
(v) Hours per week
The claimant is roistered on the day duty system. As such she worked 168 hours over a four week cycle – she provides evenings and weekends cover for all Regional Control Centre Management issues.
The claimant is contactable by mobile telephone, pager and home telephone outside these hours of work.
B Page 10
(vi) Job purpose
The primary role of the Group Commander (Control) is to assist the Assistant Fire Officer, who is Director of Technical Development, to plan, co-ordinate and support NIFRS service delivery within NIFRS Regional Control Centre and throughout the NIFRS operational environment. In a nutshell this means that she has to ensure that all three sections of the Regional Control Centre perform properly so that NIFRS appliances, personnel and specialist equipment are mobilised quickly and effectively to operational incidents, in order to save life and property etc.
B Page 10
(vii) Location
NIFRS Headquarters, Seymour Street, Lisburn
She has her own office containing a desk, computer, telephone, filing cabinets. She is contactable by way of pager and mobile telephone provided by NIFRS to enable her to be contacted during her positive hours but also allows her to be contacted outside her positive hours which has occurred in the past and continues to occur in the circumstances noted in Notes set out at B, Page 15, Paragraph 1.
B Page 12
Function 2 within the Regional Control Centre is ‘Operational Support’. This Department has a back-office role which involves the input and provision of data that assists the Regional Control Centre personnel in mobilising the equipment and personnel necessary to deal with operational incidents. Within this Department there are currently three uniformed staff and two non-uniformed staff. In the period of comparison there would have been a total of five uniformed personnel (four operational and one on welfare) there were no non-uniformed personnel. This Department is responsible for inputting and updating of data such as streets, addresses, etc. This has to be accurate so call handlers within the Control Centre can mobilise the appropriate number of personnel and equipment to deal with operations. As well as data, any new operational policies etc will have to be inputted into the system and the claimant would be responsible for advising the ACFO, where appropriate and necessary, what is required on her part and whether such policies are appropriate and that such policies will not have a negative impact in the performance of the Regional Control Centre. Further, she would have to ensure that all staff etc are trained on such policies. As Head of Department she has direct input to NIFRS Service Policies especially those that require a mobilising brief.
B Page 12
Regional Control Centre Management
1. The Assistant Chief Fire Officer Technical Development has overall responsibility for the efficiency of the Regional Control Centre (‘RRC’) and the achievement of efficient standard mobilising and control procedures. The claimant assists the ACFO in the achievement of same. Subject to the foregoing the claimant has overall day-to-day responsibility for the management and operation of the Regional Control Centre. This involves the management at present of 57 personnel.
B Page 13
2. The claimant’s role is to assist the Assistant Chief Fire Officer Technical Development with the development and maintenance of service delivery protocols and the ACFO would consult with her, as appropriate, in relation to all such matters, which affect the RCC.
B Page 14
5. … Anything that affects the strategy and performance of the RCC needs to be referred to the claimant, for clarification and authorisation and, when required the claimant will consult with the Assistant Chief Fire Officer and, in particular, in relation to any major issues affecting the RCC.
B Page 15
Regional Control Staff Management
1. “These 44 personnel are assigned to one of the four watches and the claimant’s role involves her having overall responsibility for ensuring that each watch has, at all times, sufficient numbers of personnel to cover all types of fires/rescue incidents in Northern Ireland on a 24/7 basis, which can involve her being contacted at home outside her positive/contractual day hours in the circumstances as noted below.
Note:
(i) The major focus of the dispute between the parties related to whether the claimant was required to be on call out of hours, ie outside her positive (day hours)/contractual hours.
(ii) It was not disputed that the claimant’s comparators are contacted out of hours and such contact is an agreed part of the contractual duties of the said comparators and as a consequence they do get called out outside normal hours and have to return to work. It was further not disputed that AGC Biggar, as a comparator, in his communications role, can be required to attend actual incidents. Neither the claimant or Station Commander McKnight would attend such incidents.
(iii) It was not disputed that relevant records show that the claimant has been contacted out of hours. (The respondent accepted that, insofar as any contact related to the Serious Incident Contingency Plan, such contact, but not otherwise, would be as part of her duties and part of her contract of employment.).
(iv) On the evidence, the tribunal was not satisfied that, in the relevant period of comparison, the claimant was called out and required to return to work following any such contact out of hours. If she had been required to return to work out of hours the tribunal is satisfied she would have been paid for doing so.
(v) For those whose contract requires them to be contactable out of hours, there are relevant rotas/procedures/protocols to ensure that there is always cover for such person and such a person is therefore not required to be contactable ‘24/7’.
(vi) The tribunal is not satisfied that there is a requirement for the claimant to be contacted out of hours, other than in relation to the Serious Incident Contingency Plan, in relation to issues arising in relation to the Regional Control Centre which forms part of her agreed contractual terms of employment. If it had been so, the tribunal considers, as in the case of those whose terms of employment requires them to be so contactable, there would have been put in place appropriate rotas/procedures/protocols to ensure cover for the claimant was provided at all times. Further, her comparators, who are required to be so contactable receive allowances/payment for same; in the case of Mr McKnight, he receives a flexible duty allowance and Mr Biggar receives an emergency communications call-out payment allowance, known as ‘ECCOPA’. No such allowance has been paid or agreed to be given to the claimant for any such contact outside of hours.
(vii) However, the tribunal is satisfied that a practice has grown up over the years which, historically, has its origins when Mr Raymond Moore (in the period 1994 – 1998) was Assistant Chief Fire Officer, with responsibility for the Regional Control Centre. He asked the claimant, on her appointment in 1994 as Principal Fire Officer (now called Group Commander (Controls)), to be contactable at home out of hours in relation to certain issues in the Regional Control Centre which he considered required some managerial input during such hours. She agreed to do so provided Mr Moore sought from the respondent a flexi duty allowance for her. Apparently, the claimant’s predecessor had not been prepared to do such work out of hours. Mr Moore was clearly not prepared to have such contacts made to him and, as a consequence, he had tried, unsuccessfully, to have it included as part of the claimant’s contractual duties before the claimant was appointed. This never happened, as he had left it too late to do so before the recruitment process was commenced. As a result, it was not included as part of her contractual duties and no such allowance was ever agreed to be paid to the claimant. To have happened this would have required the approval of the Chief Fire Officer and/or the Fire Authority. It was not disputed such approval was never given.
(viii) Although no such approval was given, the claimant continued to be contactable at home out of hours in relation to the list of issues drawn up by Mr Moore. The tribunal is satisfied that, over the years, that list of contactable issues has evolved/been amended by the claimant, in light of changed circumstances; but in essence it remains the same. The claimant has continued, voluntarily and not under any contractual obligation to do so, as part of her job as Group Commander (Controls), to follow this long established practice as part of her duties, which commenced under Mr Moore; with the consequence that she continues to be contactable out of hours in relation to such matters. Surprisingly, ACFO Wright seemed to be unaware of this ongoing practice. The tribunal was satisfied, on the evidence, that this practice, in particular, continued during the relevant period of comparison without any objection by the respondent. Thus, the relevant members of staff in the RCC can contact the claimant, as appropriate, both during her contractual hours and out of hours in relation to matters, as set out below, in accordance with the most recent list of contactable matters, drawn up by the claimant:-
(1) Any excessive increase in the number of calls being received.
(2) Incidents involving a large number of FRS resources.
(3) Personnel booking on/off sick.
(4) Personnel going home sick.
(5) Any requirement for O/T as soon as it becomes obvious.
(6) System crashes.
(7) Any complaints regarding control rooms mobilising procedures.
(8) Any mobilising errors by Control Room staff.
(9) Accident/injury to FRS Control personnel.
(10) Occasions when Command Room is used operationally.
(11) Occasions when Control Room personnel crew the Command Support vehicle.
(ix) The tribunal has no doubt the claimant is clearly a good and conscientious Group Commander (Controls), and is a person who always wants to be on top of her job, but concluded she tended to exaggerate, in her evidence, the relevance, frequency and importance of any such contacts. In the tribunal’s view, given that there are already in place detailed relevant procedures to be implemented in the event of such eventualities, any such contacts, which the tribunal accepts on the evidence were made to her, were more in the nature of keeping the claimant ‘in the loop’ that all relevant procedures had been implemented, rather than requiring her to take any relevant detailed management decision. Indeed, many of the issues were matters, which if they occurred during the out of hours period, would normally be able to be dealt with during the contracted hours and would not require the claimant to take any action/decision, out of hours. At best, she would be noting to herself what had happened and that she would require to take appropriate action during the contacted hours. Of course, particular circumstances could require particular action/decision to be taken by the claimant out of hours; but the tribunal considered this would be unusual and not part of the normal pattern of keeping her ‘in the loop’. Further, for example, there has not yet been an occasion when Control Room personnel have been required to crew the Command Support vehicle. In the absence of any relevant detailed evidence, and subject to the foregoing, the tribunal therefore was not in a position to reach any conclusions and, in particular, during the year of comparison, on the precise frequency of such contacts and/or where the contact did require any relevant managerial decision by the claimant and were not merely contacts, by relevant staff, ‘to keep the claimant in the loop’.
B Page 15
(2) … including attendance. The claimant will advise the Assistant Chief Fire Officer on a regular basis of any staffing deficiencies. This would occur at the regular monthly meetings held with the Assistant Chief Fire Officer, which are arranged by the Assistant Chief Fire Officer, at his direction, with the claimant as one of his Department Heads. Absenteeism is managed by the claimant …
B Page 15
3. The claimant, in accordance with the directions of the ACFO, normally meets, as a Department Head, with the ACFO, at a regular monthly meeting where issues of concern are raised, which can include recruitment/staff shortfall issues, and advises the ACFO accordingly who, if appropriate, takes the issue to the Chief Fire Officer to decide whether any such recruitment exercise is to take place. In the event of such an exercise the claimant has responsibilities, as set out in Paragraph 1.6 of her job description, in tandem with the Human Resource function for recruitment. Once recruited the claimant will oversee the induction …
B Page 16
2. The claimant has overall responsibility, as per 1.4 of her job description, for the delegation of responsibilities to supervisory officers and RCC personnel, which responsibilities would be set out in their individual job descriptions, as appropriate.
B Page 18
… In terms of policies and procedures generated by and specifically for the Regional Control Centre, she will liaise closely with the representative body (Fire Brigades Union) and the resource function prior to policy implementation.
This will be to secure agreement from the union, for example, to changes in RCC practices. The claimant liaises with the Representative Body on all day-to-day issues (eg transfers, welfare, etc); but the ACFO would do so in relation to strategic/major issues.
The claimant will liaise on day-to-day issues with Human Resources to ensure that any new practices will be adequately staffed and staff adequately trained; but the ACFO would do so in relation to strategic/major issues which might arise.
B Page 19
7. The claimant needs to know Fire Service procedures and policies so as she can propose and implement changes to these, for example, ‘call challenge’ dealing with difficult telephone calls such as malicious calls or ‘call management’ dealing with various mobilisation issues.
When Regional Control Centre policies and procedures need amended, the claimant does not have the authority to amend same herself but, after setting out the grounds for any such amendment, she can seek relevant approval for such amendment.
B Page 38
12. The RCC is a stressful working environment for the staff of the RCC, due to an ever-increasing workload and the demands to update technology skills which has resulted in increased stress-related sick leave for such staff. The claimant has had to deal with a number of personnel who have suffered from ill-health through work-related issues. This in turn causes staffing pressures. The claimant, as a manager, has to deal with these pressures. Her job is stressful and demanding and she is often having to deal with competing issues, ie the call handler who is off sick with stress who is unable to return to work; the claimant’s duty to have appropriate levels of cover in the control room and the duty not to put other staff under too much stress (causing them to go off sick with stress) by covering the original sick leave vacancies for too long. This puts the claimant under pressure to strike the right balance at all times. Such stress is part and parcel of the job carried out by the claimant and similar to the stress shared by all others in the respondent who have a similar high level of responsibility.
Note: The tribunal noted that the claimant had not raised any issue of stress relating to her job with ACFO Wright, and therefore has been able to deal successfully with the pressures and demands of her job, as set out above.
B Page 41
…
2. The claimant can call for a change in the conditions of service of RCC staff. For example, the Future Service Delivery Model …
Note: In the absence of any contrary evidence the tribunal accepted, the Future Service Delivery Model was a relevant example for the purposes of the job description.
3. The claimant can call for a change in Fire Service Policies affecting the RCC. With regard to management level policies this would require her to prepare a written business case for so doing. For example, Cross Border Co Donegal Mobilising. However, ….
Note: In the absence of any contrary evidence, the tribunal accepted the Cross Border Co Donegal Mobilising was a relevant example for the purposes of the job description.
B Page 49
Factor 16 – Physical Effort (Stamina)
…
2. … The claimant as part of NIFRS fitness policy chooses not to use the lift in the building.
Note: In the absence of any contrary evidence, the tribunal accepted that the above statement was accurate for the purposes of the job description.
3. The claimant uses a personal computer in her office throughout the day. This involves sitting in a fixed position for long periods of time which can, on occasions amount to approximately two to three hours at a time. This can be sore on her back and she has to ensure she had regular breaks from the computer screen. This can also strain her eyesight and she has to wear glasses as a result of using a computer screen. She takes breaks from the computer screen by walking outside for fresh air to relieve the strain on her back and in compliance with the Display Screen Legislation.
Note: In the absence of any contrary evidence, the tribunal accepted that the above statement was accurate for the purposes of the job description.
B Pages 37/38
Factor 12 – Emotional Demands, Stress and Pressures in the Job
…
9. Other difficult situations or circumstances that make it difficult for the claimant to do her work include workloads which are heavy and demanding at times. This entails having to take work home or work longer hours to complete reports etc, in order, for example, to meet the set timescales required in the preparation of the Future Service Delivery Model, or to be able to feedback to the appropriate management level. This increases the pressure on the claimant and can be stressful etc as operational activity takes precedence and reports and projects must be accommodated around this. The claimant regularly has to take work home in order to meet the time constraints imposed on her.
B Page 14
See further the Note set out at B Page 15 Paragraph 1.
(II) Assistant Group Commander (Control) Robin Biggar – Section C
C Page 17
His role is to assist the Group Commander (Control), to plan, co-ordinate and support NIFRS service delivery within the RCC and throughout the NIFRS environment by keeping her informed/updated of his work duties/activities, as he did ACFO Wright, as appropriate. In a nutshell, the comparator has responsibility for the development and implementation of technical elements which are essential enablers for mobilising and include technology associated with GIS, Telecommunication Command Support, Information-gathering and so on. For example, the comparator was a member of the Project Board for the replacement radio system. This all feeds into the RCC’s operational strategy needed to ensure the organisation’s ability to mobilise appliances throughout Northern Ireland correctly. He has responsibility to evolve and manage the process to collect and provide the information or data to support command and control of NIFRS operations.
Note: On the evidence the tribunal was not satisfied that the claimant directed/ instructed him in his duties and to suggest same was to exaggerate her role in relation to the above matters for the purpose of these proceedings.
C Pages 17/18
2. CSU are intrinsic to the Incident Command System (‘ICS’) which is a UK Fire & Rescue Service safe system of work and are called into operation at ‘Level 3’ or the top level of the Incident Command System which would involve a proportion, but probably a minority, of the number of incidents in any given period.
In effect, this covers all medium to large size incidents and there can be two or three of these incidents per week.
Note: The tribunal was provided by the respondent with little or no evidence upon which to judge whether or not the proportion was significant; but it concluded, on balance and, in particular, in light of evidence of ACFO Wright, that incidents where CSUs would be required would probably amount to a minority of incidents, as it would normally only be required at a ‘4 pump incident’.
5. Whilst attending incidents or exercises within CSU there is a Command Support Officer, who is officer-in-charge of the CSU, and the comparator would undertake this role, when mobilised or nominated to do so by the Incident Commander, Exercise Director, etc. In the year of comparison he would have undertaken this role on a number of occasions but not amounting to a high percentage.
Note: The tribunal was provided by the respondent with little or no evidence upon which to judge the number of occasions/or the percentage in the year of comparison this might occur; and, in light of same, concluded the above was an accurate statement for the purposes of the job description.
C Page 22
RCC Management
1. Within the RCC, the comparator is part of the RCC Management team which has monthly meetings chaired by the claimant though, on occasion, these might be chaired by the Assistant Chief Fire Officer.
The meeting is made up of himself, Assistant Group Commander, RCC Technical, Assistant Group Commander, RCC Operations and the Group Commander RCC (Controls). The purpose of these meetings is to update his colleagues on developments within his responsibilities, for example technical issues within the RCC, data, etc. The comparator would spend approximately an appropriate amount of his time in preparing for, attending and dealing with work arising out of such project meetings.
Note: The tribunal was not provided with any evidence upon which to judge the amount of time spent by the comparator; but concluded he would have spent some time but this would vary and the above was an accurate statement for the purposes of the job description.
C Page 22
Operational Meetings
1. The comparator would attend these approximately eight time per year, for example the Operations Forum. In attendance at this would be other managers representing various departments and areas. These meetings cover a wide range of operational issues and the comparator provides input on the areas within his responsibility such as how projects are developing, eg the CSU project, GIS, etc. There would be some form of operational meeting on a monthly basis. They would last a couple of hours. The comparator would spend an appropriate amount of time in preparing for, attending and dealing with work arising out of such meetings. Such work would included technical issues previously outlined; and the precise amount of time would depend on the nature of the meeting and the comparator’s involvement in the matters on the agenda.
Note: The tribunal was not provided with any evidence upon which to judge the amount of time spent by the comparator; but concluded he would have spent some time but this would vary and the above was an accurate statement for the purposes of the job description.
C Page 22
Training
1. His training/technical role in relation to the CSU and GIS is that he would spend a significant proportion of his time in the period of comparison.
Note: The tribunal was not provided with any evidence upon which to judge the proportion of time spent; but concluded, given the nature of his job, the time spent would have been significant and the above is therefore an accurate statement for the purposes of the job description.
C Page 24
Factor 2 – Experience, training, education required
1. Other than the essential criteria no formal qualifications were required. The essential criteria for the role was that he had 12 months experience as a fire control officer, passing an assessment centre.
Experience required included that of leadership and support which the comparator had in his role as a watch manager. The comparator actively participates in continual personal development/professional development.
Note: The tribunal concluded in the absence of any relevant evidence but having regard to the nature of the comparator’s job duties, the above was a more accurate description of his development in his position of Assistant Group Commander (Control).
C Page 26
Factor 4 – Responsibility for quality and standards
Own work
2. In terms of technical projects which would form 55% of the comparator’s role, the comparator has specific responsibility and accountability in terms of ensuring quality and standards are met and, in essence, for all day-to-day purposes, in relation to any technical projects; but this is subject to the fact that he reports on all such matters to, and obtains necessary approvals from ACFO Wright, as Director of the Technical Department and who is therefore ultimately responsible. ACFO Wright has the ultimate line management responsibility; but the comparator is the technical specialist.
C Page 27
Factor 5 – Health & Safety responsibilities
Health & Safety responsibilities
1. The comparator has responsibility on a day-to-day basis for addressing health & safety issues in the RCC especially with regard to technical equipment then reporting on such matters to the claimant who at all times has overall responsibility for health & safety in the RCC.
C Page 28
11. Insofar as any of the matters referred to above are directly relevant to the work of the Regional Control Centre, the comparator would report directly to the claimant who would confirm her satisfaction or not with the steps taken. But in relation to specialist technical projects, such as CSU/introduction of new technologies, the comparator would report directly to ACFO Wright, as Director of the Technical Department – albeit he may also keep the claimant, as his line manager, informed/’in the loop’ on such matters.
C Page 29
Factor 7 – Training, mentoring and teaching
4. In addition to training members of NIFRS, the comparator will provide training to other fire services in the Republic of Ireland and Great Britain on GIS and also to students at the University of Ulster.
Note: In the absence of any relevant evidence by the respondent about such training which the tribunal was prepared to accept, as set out above, such training forms part of the comparator’s job description, there was no evidence therefore the comparator gave such training, in the year of comparison, on any occasions, let alone ten occasions.
C Page 30
Factor 8 – Responsibility for data-handling, record-keeping process, etc
2. As new standard operating procedures are introduced, the comparator who has responsibility for the software packages required for these procedures will ensure that these are processed correctly by the Operations Support Team and would report to the claimant and keep her informed and updated in relation to all such matters, as necessary and required.
Note: On the evidence the tribunal was not satisfied the claimant directed the comparator in such matters; and in the tribunal’s view to suggest same was to exaggerate her role in relation to such matters for the purpose of these proceedings.
C Page 31
Factor 9 – Responsibility for security and/or confidentiality
1. The comparator is responsible for the physical security of the RCC such as ensuring that the doors lock effectively, CCTV, who gets in, etc. He must also ensure that the practices and policies in relation to security in the RCC are complied with by staff and that adequate steps have been put in place.
This may require him, on occasion, depending on the precise circumstances, to report on these issues to the Group Commander (Controls) on an individual basis as and when such issues arise; but more usually/generally such reports will be made to the RCC Management Team.
C Page 33
Factor 12 – Emotional demands – stress and pressures in the job
3. The comparator can be, as part of his job description, required to deal with media interviews including live TV interviews addressing technical issues when an operational incident is ongoing.
Note: In the absence of any relevant evidence by the respondent about any such interviews, whilst the tribunal was prepared to accept, as set out above, such interviews may require to be given by the comparator, as part of his job description, there was no evidence that, in the year of comparison, he was required to give any such interviews.
C Page 36
Factor 13 – Decision-making
11. The comparator is also responsible for making recommendations in terms of his role, in relation to the specification and procurement of equipment and services, the final approval/decision would be required to be given by Assistant Chief Fire Officer (Director of Technical Development). In that context, for the purposes of making a recommendation for which he is seeking such approval/decision, the comparator would decide what equipment to recommend to be bought for the CSU project, what was the best piece of equipment to buy based upon his research, experience and knowledge on such matters; and, in doing so, he would take into consideration such issues as to whether the procurement of the new equipment would provide value for money for NIFRS and meet the needs of the service and, if such equipment was bought, how it would integrate with equipment already there.
C Page 37
Verbal communication
1. As well as preparing reports, the reports, could form, occasionally, the basis of presentations to various groupings by the comparator.
Note: On the evidence, the tribunal was prepared to accept that such presentations could be made by the comparator; but it would not be normal and, in particular, there was no evidence any such presentations were made by the comparator in the year of comparison.
C Page 40
Factor 16 – Physical effort (stamina)
2. At operational incidents whilst in the CSU, the comparator could be required to stand or walk about for eight hour periods on end if the relevant incident was of a protracted nature.
Note: The tribunal accepted the comparator could, if the incident was of a protracted nature, be required to do so – given his role is that of a Communications Officer unlike a fire-fighter who would not be so required and who would have to be given appropriate relief/breaks.
(III) Section D – Station Commander Joe McKnight
D Page 19
Factor 4 – Responsibility for maintaining quality and standards
His own
2. The system must be available 99.9% of the time and the comparator must report to the Communications Officer or ICT Officer, but, if there were any problems with the system he would report this to the Communications Officer. He would also report directly to the claimant if this impacted on the overall performance of the RCC or the personnel of the RCC.
Note: On the evidence the tribunal was satisfied that the above statement was no longer in dispute between the parties.
D Page 23
Factor 8 – Responsibility for data – handling, record-keeping, processing
7. The comparator would also have responsibility for sensitive/critical data. All the command and control information and data is critical as it is used for ‘life and death situation on a constant basis’. So emergency information such as telephone numbers, addresses, maps, records of incidents would be handled by the comparator. He would ensure the Operational Support Team has the appropriate functionality within the Command and Control System to enter the information and that it can be retrieved accurately and in a timely fashion by the RCC staff. Such information is recorded and update on a daily basis so that such information can be used in any future similar incidents to help save lives and property.
Note: ACFO Wright confirmed in evidence to the tribunal that the comparator would handle such sensitive/critical data, which was also agreed by the claimant, and which he would then ensure was integrated into the relevant system for the command and control centre staff, as necessary. In light of the foregoing, the tribunal was satisfied that the statement, as set out above, was an accurate and proper statement for the purposes of the job description.
Chairman:
Date and place of hearing: 6 – 10 July 2009, Belfast
Date decision recorded in register and issued to parties:
CASE REFS: 1302/07
632/08
CLAIMANT: June Fahy
RESPONDENT: Northern Ireland Fire & Rescue Service
APPENDIX ‘X’
SECTION B PAGES 10 – 50A
SECTION B 10-50A
THE CLAIMANT’S JOB DESCRIPTION
A. BACKGROUND
I. JOB HOLDER:
Group Commander (Controls) June Fahy
II. STATUS:
Claimant
III. REFERENCE PERIOD FOR COMPARISON OF DUTIES:
12 June 2006 – 12 June 2007
IV. JOB TITLE/GRADE:
Group Commander Controls/Group Manager B
V. HOURS PER WEEK:
The Claimant is roistered on the day duty system. As such she works 168 positive hours over a 4 week cycle –She provides evenings and weekends cover for all Regional Control Centre Management issues.
The Claimant is contactable by mobile telephone, pager and home telephone outside these hours of work.
VI. JOB PURPOSE
The primary role of the Group Commander (Control) is to assist the Assistant Chief Fire Officer who is Director of Technical Development, to plan, co-ordinate and support NIFRS service delivery within NIFRS Regional Control Centre and throughout the NIFRS operational environment. In a nutshell, this means that she has to ensure that all three sections of the Regional Control Centre perform properly so that NIFRS appliances, personnel and specialist equipment are mobilised quickly and effectively to operational incidents, in order to save life and property etc.
VII. LOCATION OF WORK
NIFRS Headquarters, Seymour Street, Lisburn.
She has her own office containing a desk, computer, telephone, filing cabinets. She is contactable by way of pager and mobile telephone provided by NIFRS for out of hours contacts. This is a service directive. The Claimant is contacted about numerous issues outside her positive hours in relation to major incidents. The Respondent disputes that this is a contractual responsibility, the Claimant maintains that it is.
VIII. RESPONSIBLE TO
Assistant Chief Fire Officer who is Director of Technical Development.
IX. PREVIOUS CAREER HISTORY
The Claimant joined the Northern Ireland Fire Brigade/Northern Ireland Fire & Rescue Service on 21st May 1973. The posts held are as follows.
Fire Control Operator 21/05/73
Leading Fire Control Operator 01/08/76
Senior Fire Control Operator 05/06/78
Temp Fire Control Officer 24/06/80-10/08/80
Temp Fire Control Officer 02/12/83-4/07/84
Temp Fire Control Officer 01/01/85-31/12/85
Temp Fire Control Officer 31/03/86-10/05/87
Substantive Promotion to Fire Control Officer 11/05/87
Temporary Group Fire Control Officer 01/04/93-01/07/93
Temporary Group Fire Control Officer 10/01/94-10/04/94
Promoted to Principal Fire Control Officer 01/06/94
*After Fire Service restructuring all ranks were changed to Role based (in 2003), the Claimant’s rank/title changed from Principal Fire Control Officer to Group Commander B in accordance with the Emergency Fire Services National Occupational Standards.
X. DATE APPOINTED TO THE POST
1st June, 1994
B. JOB CONTENT
I. MAIN DUTIES OR TASKS
Regional Control Centre Management
The Regional Control Centre is the focal point for all NIFRS emergency operations.
The 3 functional departments are;
Function 1--- The Regional Control Centre forms the core part of the Emergency Response provided by the Northern Ireland Fire and Rescue Service. The NIFRS Regional Control Centre provides the emergency response to a range of incidents for e.g. Premise Fires, Road Traffic Collisions, Chemical Incidents, Incidents when the NIFRS Specialist Rescue Team are required on a 24 hours basis such as Water Rescue.
The NIFRS Regional Control Centre operates on a 24 hours basis. There are 4 watches of 11 personnel of which a minimum crewing level of 7 must be maintained.
NIFRS Regional Control Centre receives all 999 calls for emergency incidents in N.Ireland. They also cover a buffer zone within County Donegal.
NIFRS Regional Control Centre mobilises Wholetime and Retained (part time) firefighters using Service appliances to deal with the various types of emergency calls they receive. Along side the emergency aspects of the job the NIFRS Regional Control Centre deal with all associated administrative calls and radio messages to support service delivery.
Function 2 within the Regional Control Centre is “Operational Support”. This Department has a back office role which involves the input and provision of data that assists the Regional Control Centre personnel in mobilising the equipment and personnel necessary to deal with operational incidents. Within this department there are currently 3 uniformed staff and 2 non uniform staff. In the period of comparison, there would have been a total of 5 uniformed personnel (4 operational and one on welfare) there were no non uniformed personnel. This department is responsible for inputting and updating of data such as streets, addresses, etc. This has to be accurate so call handlers within the control centre can mobilise the appropriate number of personnel and equipment to deal with operations. As well as data, any new operational policies etc. will have to be inputted into the system and the Claimant would be responsible for advising the ACFO what is required on her part and whether such policies are appropriate and that they will not have a negative impact in the performance of the Regional Control Centre. Further, she would have to ensure that all staff etc. are trained on such policies. As Head of Department she has direct input to NIFRS Service Policies especially those that require a mobilising brief.
Function 3 of the Regional Control Centre is the technical/training department. This is staffed by 2 uniformed personnel who deal with technical and training issues for all staff within the RCC, e.g. maintain effective operational equipment such as the ICCS (Integrated Communications Control System), Proc Cad mobilising system. This department also deals with training issues from trainee training to organising courses internal and external. In the period of comparison, there would have been 2 uniformed personnel and no non uniformed personnel.
The Claimant has overall responsibility for the management of all 3 of these
functions and the staff within them although, she will dedicate responsibility
to support officers to deal with many day to day issues.
Regional Control Centre Management
there were no non uniformed personnel. These 44 personnel are assigned to one of four watches and her role involves ensuring that each watch has sufficient numbers of personnel to cover all fire/rescue incidents in Northern Ireland and that all staff members are appropriately trained and supported to provide and ensure an effective and efficient Fire service delivery to the public.
to be complied with by the RCC. The Claimant as Head of Department is responsible for ensuring that these strategies and procedures are correct and delegates the Operations Support Department to review these and to up date her on any concerns arising from these. She will then take steps to remedy any short falls and where necessary delegate responsibility for implementing the changes to sub ordinates for example Cross Border Mobilising arrangements. In some situations she will require to liaise with other staff such as one of the four Area Commanders in relation to new mobilising procedures. Operations Support Department is responsible for updating geographical and other operational critical information and ensuring that it is correct and accurately stored within the ICCS and the ProCad mobilising system. As Head of Department the Claimant must ensure the accuracy through verification of all information sources. The Claimant will ensure the accuracy of information by physically looking at this, testing and confirming that she feels that all the information available for control personnel to perform their role effectively is present and is accurate and correct. So for example, in terms of flooding the Claimant was involved in meetings with the Water Service, Flood Line, to address issues such as what information the NIFRS will need to mobilise personnel and equipment to deal with flooding incidents, she will also need to know the contacts to be notified within the Water Service and what contacts should be made generally in terms of names and telephone numbers. The Operational Support Department should include all this information so that RCC staff can then make the necessary contacts as required. Anything that affects the strategy and the performance of the RCC needs to be referred to the Claimant, for clarification and authorisation When required the Claimant will consult with the Assistant Chief Fire Officer.
staffing levels are maintained in the NIFRS RCC so that there is no interruption to service delivery and that the Health & Safety of staff is not compromised.
Regional Control Staff Management
oversee the training of staff with respect to new and existing protocols to ensure that staff deliver an efficient service provision and that staff remain competent at all times. In furtherance of this role, the Claimant is responsible for preparing the training needs for every member of her 57 personnel (in the period of comparison, there would have been 53 uniformed personnel, there were no non uniformed personnel) on an annual basis and raising such needs with the NIRFS training officer to ensure staff are trained to develop into their roles.
Administrative Management
Within her management role of the RCC, she also has administrative tasks to deal with the matters detailed below.
also sent externally to the Department of Communities & local Government (formally the Office of the Deputy Prime Minister)
Resources and staff from the NIFRS Occupational Health Department. In this forum discussion takes place regarding any Regional Control Centre personnel on long term sick leave or any welfare issues emerging, with the intention of determining an action plan to instigate an early return to work. It is the Claimant’s responsibility to ensure that the action plan is instigated.
FACTOR 1 – KNOWLEDGE BASE – KNOWLEDGE REQUIRED AND USED IN THE JOB.
1. The Claimant must be aware of various policies and procedures with NIRFS such as the approximately 90 Mobilising Strategies and Procedures, the Risk Management Plan etc., so she can make staff arrangements for the RCC in terms of core staff, but also in terms of for example, ensuring that the Team has significant numbers to cover absences in the RCC in emergency situations so that the Mobilising Strategies and Procedures etc. can be operated effectively at all times.
2. She has to know how all her staff perform and what it is likely to impact on their performance. She has to be able, through such knowledge, to anticipate staff difficulties whether they be Health, Welfare (at home or at work) into personal relationships of staff members. Without such knowledge she can not have the staff numbers to delivery the core service of the RCC and ensure a group relationship between staff members. Without such knowledge she will be unable to manage personnel as effectively and efficiently as possible.
3. Have knowledge of Policies, Procedures, Practises, Reports, Fire Service Circulars and Administrative procedures. This includes a specific understanding of policies & procedures in the following areas: Equality, Grievance, Disciplinary and Attendance to ensure the effective management of staff in terms of career
development/recruitment and selection procedures, addressing grievance and disciplinary issues as well as welfare and health issues.
4. She needs to have a detailed working knowledge of 30 or so Standard Operating Procedures for various operational incidents to ensure that incidents are managed efficiently and effectively with appropriate staff and equipment for particular incidents. So, for example there will be SOPs for water rescues, SOPS for various types of fires/road traffic accidents. She needs to know which SOP applies so she can ensure that RCC staff use the correct “mobilising package.”
5. The Claimant needs to know the National Technical Bulletins. The NTBs include information about types of equipment and what and when they are used. She also has to know what pieces of equipment are held on appliances so that she can ensure that RCC personnel are fully conversant with such matters by way of disseminating information to them so that she is satisfied that when technical support is requested from the fire ground the correct equipment is being dispatched by her personnel.
6. To ensure a high level of discipline is maintained both personally and by all subordinate personnel within the RCC, the Claimant must know NIFRS policies and Fire Service Orders pertinent to discipline and performance. She also has to know the Code of Conduct guidelines on such issues. Without knowledge of these she would be unable to satisfy herself that her staff and their actions are to the required standards not endangering life and property and/or the reputation of the organisation. On occasions when guidelines etc. are contravened, she has to know if and when it is appropriate to initiate the Discipline Procedure in accordance with NIFRS policies and Fire Service Orders.
7. The Claimant needs to know Fire Service procedures and policies so as she can propose and implement changes to these, for example “Call Challenge” dealing with difficult telephone calls such as malicious callers or “Call Management” dealing with various mobilisation issues. When Regional Control Centre policies and procedures need amended, she will generate a revision and amend and notify the relevant department The Respondent argues that this require the approval of ACFO denied by the Claimant. She equality assures it through the Human Resources function. In this latter role she has to be aware of equality issues including section 75 of the Northern Ireland Act obligations. In doing so the Claimant will liaise closely with the representative body (Fire Brigades Union) and the human resource function prior to policy implementation. The Claimant also needs to know other policies that might impact on the RCC e.g. mobilising instructions and Standard Operating Procedures so that, at meetings with senior management, she can enter into debates with her colleagues at such meetings as to how the current policy or a revised policy will impact on RCC and make suggestions as to how or why such change is or is not appropriate.
8. Once policies etc. are introduced, the Claimant then needs to know what action needs to be taken so that the RCC and its staff are implementing / complying with the new policy. She needs to know for example what additional training, equipment etc. might be required. She need to know if different levels of training are required for different members of staff, which staff do or don’t require training at various levels, how to secure that training and from where and know the time scales for such training. She needs to know if new equipment is required for RCC, what disruption will be caused by the introduction of such equipment, how long the installation of
such equipment will take and what, if any contingency plans/steps need to be taken to accommodate such issues. Without such knowledge she cannot ensure that all necessary action is taken to ensure that fire calls etc. are dealt with efficiently and effectively.
9.The Claimant needs to know how and what makes her staff “tick” so that she can provide leadership and motivation to them on a collective and individual basis. She also needs to know how they are emotionally/physically to identify welfare/medical issues. Knowledge of their experience, training level, performance and disciplinary record is also required in terms of identifying training needs, developmental needs etc.
10. To produce and implement the RCC Annual Business Plan the Claimant needs to know and understand the organisation wide Corporate Aims and Objectives so that she can ensure that the RCC objectives etc. dove tail into and help to achieve the Corporate Aims and Objectives. To this end, she needs to know what priorities/projects within the RCC will be required to meet both its own and NIFRS’s overall objectives.
11. Due to the stressful nature of the work undertaken by Regional Control Centre personnel, it is not unusual for staff to be affected by large incidents especially those culminating in a loss of life. The Claimant must know her staff and be aware of who might have been adversely affected by such calls. She must be aware of the signs of stress etc. She must also be aware of and understand how referrals to medical, counselling and welfare facilities operate and when it is appropriate to make such referrals. In a counselling/welfare role she must know when it is appropriate to provide an incident debrief for Regional Control Centre personnel.
12. The Claimant must know current staffing levels within the RCC, who is off, why they are off, how long they are likely to be off, who is available to cover absences, for how long etc. This is essential as she must, at all times, ensure that the Regional Control Centre continues to function irrespective of the incidents it handles.
13. The Claimant would use all this knowledge on a day in day out basis so that the three functions within the RCC and the staff within them are managed effectively.
FACTOR 2 EXPERIENCE – TRAINING, EDUCATION AND QUALIFICATIONS REQUIRED.
Essential Experience
What training was required to achieve competence in the role?
supervisory and management qualifications and continue to develop and progress in line with Continual Professional Development (CPD) requirements. Satisfactory completion of the Management Control Room Course and the Senior Control Room Course were essential qualifications to allow fulfilment of the requirements of the post.
Is any further or ongoing training required?
Are there any formal qualifications required for this role?
Is there any requirement formal or otherwise to update knowledge or practice in relation to this role?
These courses include;
This list is not exhaustive
FACTOR 3 – RESPONSIBILITY FOR THE PLANNING AND ORGANISATION WORK
Organisation of The Claimant’s Work?
Is there regular routine?
Responsibility for planning and organising the work of others
Regional Control Centre – Organisational Chart 2009
FACTOR 4 – QUALITY AND STANDARDS
Own Work
The Claimant has responsibility for maintaining the quality and standard of her own work. She needs to make sure that the contents of any report/statistics etc. are accurate and turned round within required time scales etc.
Her standards will be monitored by others in the following manner:
Others Work
development needs so quality standards are met. In the period of comparison, there would have been 53 uniformed personnel, there were no non uniformed personnel.
FACTOR 5 – RESPONSIBILITY FOR HEALTH AND SAFETY
The Claimant has responsibility for the safety of others in the following ways:
FACTOR 6 – RESPONSIBILITY FOR EQUIPMENT RESOUCES AND FINANCE
FACTOR 7 – TRAINING, MENTORING, TEACHING
Delivery of training – lecturing teaching or demonstrating
Training of trainees, new starters or apprentices
Mentoring
FACTOR 8 – RESPONSIBILITY FOR DATA – HANDLING, RECORD KEEPING, PROCESSING
Other types of paperwork or data the Claimant is involved with include
information to investigate difficulties with the aforementioned agencies and follows this up by responding in writing to the relevant agency;
Other actions carried out by the Claimant in respect of these forms of data etc. include the following:
1. The Claimant receives the Fire Reports on paper format. These forms provide statistical information relating to the Fire Service attendance at incidents i.e. response times, damage to property, fire service resources attending the incident, any casualties or fatalities involved at the incident.
2. The Claimant records the receipt of these fire reports on her database and sends them to her staff to extract statistical information from them.
3. The Claimant ensures a copy of these forms are filed and stored and maintained for future reference.
4. The Claimant also ensures that the original forms are forwarded by post to the Department of Communities and Local Government (Fire Statistics Research Division) in England.
5. If these forms are not received by the Claimant (within the 4 week period) it is her responsibility to remind the personnel i.e. Area Commanders to submit the paperwork immediately. The Fire Statistics Research Division regularly queries the non submission of such reports.
6. Attendance management – the Claimant receives attendance management (sickness absence) information by e mail from her watch officers on a monthly basis. She then checks the information provided to ensure that the sickness absence is acceptable and in accordance with the targets laid down by the Service. If not she then refers this data onto human resources with a view to taking further action.
Some of the data/ material the Claimant works with is sensitive or critical including:
FACTOR 9 – RESPONSIBILITY FOR SECURITY AND / OR CONFIDENTIALITY FOR PREMISES AND/OR PEOPLE
The Claimant has responsibility for maintaining confidentiality about people, policies or information held by herself including the following:
FACTOR 10 – RESPONSIBILITY FOR THE CARE OF OTHERS
In addition to her health and safety responsibilities detailed elsewhere, the Claimant is involved in the care of all Regional Control Centre personnel in the following ways:
1. Home Visits – Personnel on Long Term Sick Leave. The Claimant must carry out “home visits” to personnel who are absent from work on long term sick. Long term sick is defined as a period of four weeks or more. The purpose of these visits is to offer support and welfare facilities and maintains regular contact with the employee throughout their period of absence.
2. Arrange Medical Referrals: The Claimant arranges medical referrals to the Senior Medical Advisor (SMA) on request from Regional Control Centre personnel or in line with the Attendance Management Policy. The Claimant arranges these appointments herself by telephone and where necessary discusses personnel issues with the SMA. She then follows this up with written correspondence to the employee and to the SMA.
3. Liaison with NIFRS Occupational Health and Welfare Officer. The Claimant liaises with the Group Commander (Occupational Health Officer) meeting on a monthly basis to attend a “Case Management Conference”. This meeting also involves the Senior Medical Advisor, Director of Human Resources and the Services Attendance Management Officer. This meeting is to discuss personnel in the Claimant’s department who are absent from work for more than four weeks or who have continual health issues.
4. Liaison with Occupational Health Practitioners. The Claimant also refers members of staff with medical issues to the Occupational Health Practitioners. This would include medical circumstances unrelated to sickness for e.g. unable to wear standard uniform such as footwear.
5. Facilitation of Personnel who may have domestic issues. The Claimant also offers confidential support and counselling facilities for staff who wish to discuss personal/family issues which may be causing them difficulties.
6. Where necessary the Claimant would ensure that arrangements are put in place in order to support and accommodate the care of personnel in the form of referrals to the counselling services offered by NIFRS.
7. She would also offer personal support in the form of telephone contact or meeting the staff member at a neutral location.
FACTOR 11 – CONCENTRATION, ACCURACY, MEMORY.
Examples of activities in the Claimant’s work where she has to concentrate, be alert, focus include the following:
Regional Control Centre encounters a high level of operational activity. She meets with Area Commanders to formulate a strategic plan for these occasions. As incidents occur and develop, this requires her to quickly assimilate large amounts of information enabling the organisation to adapt to an ever changing situation. So, for example she needs to be able to react quickly so that if appliances are mobilised from one station to cover an incident outside its normal territory, that there is adequate cover available to cover a fire in that town for example. So if a number of appliances are called from a number of towns to cover, for example, a large forest fire, the Claimant needs to be thinking ahead to ensure that contingencies are in place to cover risks at those towns if a fire were to occur there whilst the forest fire has taken up a lot of appliances and personnel.
has to be 100% accurate so as to ensure appropriate outcomes. She must endeavour to ensure that the correct decisions are made, that her feed back into meetings is taken seriously and that there are no adverse consequences.
i. Report of monthly Operational activity submitted to the NIFRS Fire Board and circulated throughout the organisation. This report details statistics on incidents recorded by the Regional Control Centre and also includes calls of special interest. This may inform and influence decision making on call handling processes. The Claimant would check the accuracy of information by a random check of all calls and by a detailed check of calls of interest.
ii. Fire Report information to the Department for Communities of Local Government, Fire Statistics Research Division, England. This report is provided for every major fire incident and is used to help predict trends and patterns of fire related incidents. This can subsequently be used to put into place procedures of a preventative nature e.g. if there is an increase in the number of fires in domestic dwellings for given localities, this may lead to improved Fire Safety campaigns. Accuracy is crucial to avoid the unnecessary waste of public money in such campaigns etc.
iii. Details of fires, road traffic incidents are often requested by PSNI for police investigations. The Claimant may be required to prepare a pack of information for PSNI including fire reports, statements from RCC personnel, tape recordings related to the incidents etc. The Claimant will delegate this responsibility to a junior staff member, but will physically check all the information collated to ensure accuracy so that there is no negative impact on the police investigation.
FACTOR 12 – EMOTIONAL DEMANDS, STRESS AND PRESSURES IN THE JOB
occasions where she has encountered difficulty with sub ordinate staff members which inevitably comes with the role of being the manager of 57 people. The Claimant has received conflict management training to deal with such stressful issues.
reports etc., in order, for example, to meet the set time scales required in the preparation of the Future Service Delivery Model, or to be able to feed back to the appropriate management level. This increases the pressure on the Claimant and can increase levels of stress etc. as operational activity takes precedence and reports and projects must be accommodated around this. The Claimant regularly has to take work home in order to meet the time constraints imposed on her. The Respondent states that she is not contracted to work at home and her workload is not excessive.
FACTOR 13 – DECISION MAKING AND INITIATIVE
In her work the Claimant would regularly have to take decisions about or make assessments/judgements about the following issues:
1. The Claimant is constantly making decisions and assessments as to whether there are satisfactory staffing levels in place and being maintained to ensure operational service delivery. This may involve the temporary transfer of staff to cover staff shortages and she will decide who, from her staff will cover such shortages.
2. The Claimant would regularly decide if overtime is required and authorise this and decides how much of her budget should be directed towards this.
3. The Claimant decides what training should be authorised for herself and her 57 staff (In the period of comparison, there would have been 53 uniformed personnel, there were no non uniformed personnel.) and decides how much of her budget should be directed towards this.
4. Other than new technology she decides what equipment, supplies etc. should be bought for the RCC and how much can be spent from the RCC budget in this regard.
5. The Claimant decides on an ongoing basis, what improvements etc. can be made to service delivery by RCC staff and decides if she can take action to improve the service or whether it needs to be raised further up the chain of command and decides to act accordingly.
6. Decides if action is required under the disciplinary procedure on conduct/performance issues, absence control procedure etc. for each of her 57 staff and acts as per those procedures. (In the period of comparison, there would have been 53 uniformed personnel, there were no non uniformed personnel.) The Claimant will also decide on the outcome of grievance procedure and disciplinary procedures at the appeal stage. She will also be involved in the decision making process for recruitment and selection exercises.
7. Decides what functions can be delegated to her 57 sub-ordinates (In the period of comparison, there would have been 53 uniformed personnel; there were no non uniformed personnel.)
8. Prioritising her work load and that of her 57 sub-ordinates (In the period of comparison, there would have been 53 uniformed personnel; there were no non uniformed personnel.)
9. Decides if staff require support, whether it be informal from the Claimant herself or more formal in terms of Occupational Health Department referrals/counselling referrals.
10. Decides what time scales should be placed on work delegated to her sub-ordinates.
In taking these decisions the sort of things the Claimant has to take into account include:
i. Current level of staffing available; required level of crewing; the effect of such temporary transfer and the individual’s personal circumstances; personnel currently unavailable and the reasons for their unavailability. She must take these issues into consideration in determining who to approach to cover absences and ensure that the appropriate level of staffing is in place.
ii. What training provision has been made within the Regional Control Centre by the dedicated training staff and other departments to ascertain if this is appropriate to meet training needs when making decisions on training.
iii. The condition of and need to replace Regional Control Centre furnishings etc. and prioritise such issues in terms of spending her budget on equipment etc. and/or staffing issues such as overtime and/or training.
iv. Any changes in policies and procedures that impact on incident handling and the Regional Control Centre to ensure that she can decide when the best time is to implement such changes, when training etc. on such new policies can be delivered so that staff can effectively implement these changes.
v. The credibility and reliability etc. of those involved in inter-personnel disputes within the RCC as well as the reliability etc. of evidence and arguments presented so that she can make the right decision when arbitrating in such disputes and facilitate the opportunity to resolve issues.
vi. The responsibilities of each role, the capabilities of each and every member of staff, the pressure each member of staff may be under either internally or externally when allocating/delegating work to the appropriate level to ensure this work is completed to the required standards.
vii. What matters require prioritisation in terms of incident handling, training, meetings and other administrative duties in order to maintain quality of service.
viii. What personnel she has and who the appropriate personnel are for tasks
ix. How approachable staff members are going to be in terms of discussing health and personal issues on a confidential basis.
x. Feedback received from project managers, lead officers, sub ordinates via team briefs etc. which help the Claimant to make decisions on improving strategies and processes within the RCC.
Three examples of matters the Claimant is able to decide on without having to refer or get agreement from others include:
1. Increasing staffing levels from the minimum required in the RCC to whatever level the Claimant feels appropriate for potential periods of enhanced operational activity. So for example, the 11th July bonfire celebrations or Halloween where there is an expected increase of call activity.
2. Approval of overtime payments.
3. General work routine on a “day to day” basis for e.g. recall to duty of personnel in order to provide enhanced cover under spate conditions such as extreme weather conditions resulting in major flooding and increased demands on NIFRS resources. This may include the direction of Operations Support staff to crew the Command Room and liaising with senior officers. Also training personnel may be called upon to enhance control room activity.
Three examples of matters the Claimant would have to seek agreement from others before going ahead would include:
1. The Claimant can call for a change in overall establishment of the RCC. To do so would require her to prepare written business case for so doing. However, before this would change the approval of Assistant Chief Fire Officer is required to whom she will make her case;
2. The Claimant can call for a change in the Conditions of Service of RCC staff For example, the Future Service Delivery Model. To do so would require her to prepare written business case for so doing However, before this would change the approval of Assistant Chief Fire Officer in the first instance and ultimately the Chief Fire Officer is required to whom she will make her case. It will also be necessary for her to consult with Human Resources with regard to equality issues and refer to the representative bodies.
3. The Claimant can call for a change in Fire Service Policies affecting the RCC. With regard to management level policies this would require her to prepare written business case for so doing. For example Cross Border Co. Donegal Mobilizing. However, before this would change the approval of Assistant
Chief Fire Officer is required to whom she will make her case. In the case of operational policies she would consult and agree with the appropriate Group Commanders before progressing the issues to higher levels if necessary.
FACTOR 14 – COMMUNICATION AND INTERPERSONAL SKILLS
Written Communication
The Claimant sends and or receive memos, emails, letters to/from others etc. This would include:
The Claimant also writes reports etc.
Examples of such reports include
In preparing such reports she will undertake various tasks as detailed below.
gathered from the ProCad incident logging system and the Management Information System.
Verbal Communication
The Claimant also deals with matters on the telephone answering queries, providing explanations etc.
1. On a daily basis the Claimant receives telephone calls from her staff members. This may be a simple query or request which can be immediately actioned or answered, for example the release of information to the media or she may have to go and seek information from her own sources e.g. incident recordings, or other departments such as Wages e.g. reduction in pay for any reason.
2. The Claimant will on a daily basis receive calls from any of sixty eight fire stations seeking information on mobilising issues, making complaints, details of fire reports, visits to the control room etc. She will provide the information there and then or she may have to go and seek information from her own sources e.g. consult with other staff members, control room records.
3. The Claimant will receive calls from members of the public seeking visits to the control room. She will check to see if these can be accommodated on the date and time requested. The details are entered into the “Day Book” and the officer on duty in the control room informed. These requests will vary in intensity depending on time of year etc.
Interpersonal skills used in the Claimant’s work – in dealing with colleagues, members of the public, other agencies etc. are detailed below
persuading them of their abilities to do so. Examples of this are attending the Regional Control Centre during spate conditions to offer support and advice. Also by de briefing and feeding back information to all personnel on the high level of performance they have achieved.
FACTOR 15 – RELATIONSHIPS (INTERNAL AND EXTERNAL)
1. The Claimant has regular contact with internal and external people using various methods of contact. The Claimant needs to develop and maintain such relationships to ensure that the needs of the RCC are met so that NIFRS can mobilise effectively. This often means making sure the needs of her staff are met. With her superior colleagues the Claimant needs to ensure and maintain good relationships with them to ensure that they take on board and listen to her concerns about the operation of the RCC and so that she can persuade them to address her concerns so that the RCC operates in an efficient and effective manner. The Claimant will meet with Area Commanders and Group Commanders to confirm service objectives are being met.
2. The Claimant has a direct role in the management of subordinates’ relationships with each others. For example, she must ensure that all her subordinate officers work together effectively and efficiently to achieve service aims and objectives. She is also responsible for dealing with any problems that should arise between her subordinates.
3. In terms of external relationships, the Claimant has to maintain and develop these so that she can impress upon them the good work of the RCC and NIFRS generally so that respect and admiration of NIFRS is maintained. Such contacts are detailed below. She also meets with the Director of NIAS, the Chief Inspector of the PSNI Regional Control Centre, Senior officers of the Donegal Fire Service and Senior officers of CAMP West (this is the Regional Control Centre for the west of Ireland which covers Co. Donegal – this Regional Control Centre directly impacts on work carried out by the NIFRS Regional Control Centre as the NIFRS provide fire cover to the eastern part of Co. Donegal)
mail and face to face.
Purpose—to discuss staff medical issues, arrange medical appointments and occasionally query reports received.
Status of contact---Senior Medical Advisor
Contact—Monthly meeting and at other times required to discuss staff
medical issues.
b. Occupational Health Practitioners…mode of contact---by telephone and e mail
Purpose—to discuss and refer staff members for medical reasons
Status of contact—Works with the Senior Medical Advisor
Contact—On an irregular basis. When the Claimant has to refer staff members that do not warrant a medical appointment with the Senior Medical Advisor.
c. Fire Service Headquarters Receptionist…mode of contact --by telephone and face to face, email.
Purpose—to receive my daily mail i.e. internal and external post. To request the receptionist to “hold” calls, take messages/details when I am out of my office.
Status of contact—Switchboard Receptionist
Contact—On a daily basis
d. Area Commanders (4)..mode of contact—telephone, email, written and face to face
Purpose—to discuss changes in operational procedures, such as increasing or reducing the attendance of fire appliances. Informing by e mail that fire reports are required by the Fire Statistics Research Division and that I have not received them from some of their Fire stations
Status of contact---Area Commanders
Contact—as required, but is likely to happen at least once a month
e. Attendance Management Officer---mode of contact—telephone, e mail and face to face.
Purpose—to discuss staff attendance issues. Arrange audit of Attendance Management where necessary
Status of contact—Attendance Management Officer
Contact— as required, but is likely to happen at least once a month
f. Immediate Subordinate Officers---mode of contact—telephone, e mail and face to face
Purpose—Plan and allocate work activities to meet service delivery needs, discuss staffing issues, plan and agree budgets, provide feedback on team and individual staff performance, discuss new technical equipment and the training requirements that would be needed, discuss and co ordinate projects to achieve objectives.
Status of contact—the Claimant has 2 Assistant Group Commanders, one has a “technical “ reference the other is “operations and training”.
Contact—Daily basis
g. Police Service of Northern Ireland—mode of contact—telephone, written and face to face.
Purpose—to provide confidential information on disc and paper format. To sign data protection documentation when releasing confidential information.
Status of contact---PSNI personnel carrying out investigation of cases.
Contact---as and when required, could be at least once a month
h. Northern Ireland Ambulance Service----Mode of contact—telephone, written and face to face.
Purpose---To discuss any communication problems there may be with Ambulance and Fire Control staff.
Status of contact---Assistant Director of Communications
Contact---Meet yearly with other services including British Telecom Service Provider, PSNI
Pay visit to view Ambulance Control Room.
i. NIFRS Head of Internal Audit— mode of contact -telephone, e mail, face to face and written
Purpose---To discuss Internal Audit Reports, Quality Service Review and Statistical Returns i.e. Best Value Performance Indicators (BPVI)
Status of contact---Head of Internal Audit
Contact---Monthly basis
j. NIFRS Budget Accountant --mode of contact—e mail, face to face, and telephone.
Purpose---to receive on a monthly basis update on budget expenditure
and discuss any associated issues i.e. overspend/under spend
Status of contact---Budget Accountant
Contact---Quarterly basis
k. Fire Service Training Officer--- mode of contact---e mail, telephone, written
Purpose—to provide written training needs analysis for control room personnel on a yearly basis.
Status of contact--- Fire Service Training Officer (Area Commander role)
Contact--- Quarterly basis.
l. Human Resources Manager----Mode of contact—telephone, email, face to face
Purpose---to discuss recruitment, agree times /dates for interview panels both operational and control room when necessary. Confirm vacant posts in the Control Room and confirm advertising of vacancies.
Status of contact---Uniformed Appointment Officer
Contact--- Monthly basis
m. Control Room Managers of the Fire Service in the U.K.----Mode of contact—telephone, e mail
Purpose---To maintain a working relationship, to share information .
Status of contact---Group Managers and Principal Fire Control Officers in charge of Fire Service Control Rooms in the United Kingdom
Contact--- Monthly Basis
In addition the Claimant attends meetings and working groups including those detailed below:
made up of the Claimant and her two Assistant Group Commanders. This forum meets bi monthly and when necessary.
Commander and Watch Commander training personnel and such meetings occur on a six month basis.
FACTOR 16 – PHYSICAL EFFORT (STAMINA)
1. The Claimant is not required to lift or carry or manoeuvre heavy objects, materials etc.
2. The Claimant has to walk from her office to other departments/offices in the building throughout the day for example, her office is on the ground floor at NIFRS Headquarters whereas the control room is on the first/second floor. This will involve climbing two flights of stairs several times per day. She will also attend various meetings and this requires her to walk to that location which again, typically will involve climbing two flights of stairs several times per day. The Claimant as part of NIFRS fitness policy chooses not to use the lift in the building.
3. The Claimant uses a personal computer in her office throughout the day. This involves sitting in a fixed position for long periods of time approx two to three hours at a time. This can be sore on her back and she has to ensure that she has regular breaks from the computer screen. This can also strain her eye sight and has to wear glasses as a result of using a computer screen. She takes breaks from the computer screen by walking outside for fresh air to relieve the strain on her back and in compliance comply with the Display Screen Regulations.
4. The Claimant is required to be able to drive, on the occasions of home visits to personnel on long term sickness absence, she would have to drive to visit staff at home. It would be difficult to quantify the number of hours involved on a weekly basis, but would be approx two hours per week. She would also be required to attend the Training Centre form time to time, which would involve her driving on average another two hours per week.
FACTOR 17 – PHYSICAL SKILLS, MANUAL DEXTERITY, MANIPULATIVE SKILLS
1. The Claimant uses a personal computer that requires hand/eye co ordination when typing.
2. When typing reports letters, memos and inputting information onto a data base, precision and accuracy is required.
3. In order to meet deadlines and allow the Claimant to address other activities of her work speed is also required when typing. She is a qualified typist and has an RSA typing qualification as well as an ECDL qualification i.e. European Computer Driving License.
FACTOR 18 – ENVIRONMENTAL DEMANDS
The Claimant does not encounter bad smells or odours, excessive heat, cold, noise, or any other unpleasant conditions in her role.
FACTOR 19 – HAZARDS
In her work the Claimant does not use or work with potentially dangerous machinery, processes, substances, people.
To ensure all elements of NIFRS Health and Safety Policy are applied and that there is compliance with various statutory regulations such as the Display Screen Regulations (1992) and the Health and Safety at Work (NI) Regulations (2000), risk assessments are carried out in line with the statutory regulations within all areas of the Regional Control Centre including the Claimant’s work and work station.
The Claimant wears glasses to prevent any further deterioration in her eye sight when working at her computer screen. She also ensures that she and all her staff have access to eye sight testing facilities.
The Claimant has never been involved in an accident or incident at work, in her department arising from the machinery used or work done.
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CASE REFS: 1302/07
632/08
CLAIMANT: June Fahy
RESPONDENT: Northern Ireland Fire &
Rescue Service
APPENDIX ‘X’
SECTION C PAGES 15-41
SECTION C 15-41
JOB DESCRIPTION - ASSISTANT GROUP COMMANDER (CONTROL)
REGIONAL CONTROL CENTRE – TECHNICAL MANAGER
A. BACKGROUND
I. JOB HOLDER:
AGC Robin Bigger
II. STATUS:
Comparator
III. REFERENCE PERIOD FOR COMPARISON OF DUTIES:
12 June 2006 – 12 June 2007
IV. JOB TITLE/GRADE:
Assistant Group Commander (Control)/Group Manager A (Control)
V. HOURS PER WEEK:
The Comparator undertakes two types of duties (i) his “normal” managerial duties cover a 48 hour week known as ‘positive hours’ which is rostered for operational command (to manage communications at operational incidents in accordance with Service Incident Command Policy), managerial, supervisory and specialist duties appropriate to the comparators post and (ii) Standby & call-out duty, so that the employee is available which is rostered so that the comparator is available on call for operational command duties (to manage communications at operational incidents in accordance with Service Incident Command Policy)and the urgent performance of managerial duty if called upon.
Duty hours and the standby/callout duty hours, the latter divided by four, shall be forty-eight per week on average over a cycle not exceeding eight weeks. Each cycle is four weeks.
For example a typical four week cycle could be as set out below.
Week 1: – Monday, Tuesday, 8 positive hours and 16 hours on stand by (on each day); Wednesday – Friday 8 positive hours no stand by. Off Saturday and Sunday.
Week 2: Off Monday; Tuesday 12 positive hours and 12 hours on stand by; Wednesday 8 positive hours and no stand by; Thursday 12 positive hours and 12 on stand by; Friday 8 positive hours and 16 stand by. Off Saturday and Sunday.
Week 3: Monday and Tuesday 8 positive hours and 16 standby (on each day); Wednesday and Thursday off; Friday 8 positive hours and no stand by. Saturday and Sunday 8 positive hours and 16 standby (on each day).
Week 4: Off Monday and Tuesday; Wednesday 12 positive hours and 12 stand by; Thursday 8 positive hours and 16 stand by; Friday 8 positive hours and no stand by, off-duty, Saturday and Sunday.
VI. LOCATION OF WORK
NIFRS Headquarters, Seymour Street Lisburn and response to incidents throughout NI and parts of ROI when required.
He has his own office containing a desk, telephone, filing cabinets. He also has specialist ICT in the form of applications & hardware in his office facilitating Administrator access to Command & Control, Geographic Information, Corporate Address Hub applications. In addition the Comparator provides support for certain ICT systems from home via a virtual private network connection.
He has no personal secretary, but has administrative support in the form of personnel under his direct Command (RCC Operations Support Team, RCC Tech/Training Team).
Other travel includes response to incidents, frequent travel to fire stations, meetings with other agencies/suppliers/Fire & Rescue Services throughout UK and ROI. The Comparator provides transport arrangements and receives remuneration under the essential car users scheme currently in operation within the Service.
Is contactable via pager or work mobile telephone or home telephone.
VII. RESPONSIBLE TO
Group Commander (Control) (for RCC matters).
In addition to the Group Commander (Control) he is also responsible to Managers at strategic level (ACFO, DCFO) for matters specifically relating to technical work undertaken for the Operational environment e.g. Command Support Units, Response planning for IRMP, CCTV for operational use).
VIII. PREVIOUS CAREER HISTORY
School Leaver
1X. DATE APPOINTED TO THE POST
October 2003
B. JOB CONTENT
MAIN DUTIES/JOB PURPOSE
The Comparators role has key tasks which include Management, Technical, Command Support, Communications Callout, Attendance at Operational Incidents:-
Management & Technical
CSUs
3” or the top level of the Incident Command System. The Respondent states that this would account for a significant proportion of incidents. The Claimant would accept that this amounts to a proportion of incidents, but not a significant proportion . In effect, this covers all medium to large size incidents and there can be two or three of these incidents per week.
CSU’s he has also been required to brief other fire services including senior officers in the Republic of Ireland and Great Britain on such CSU issues.
Interagency Working
Communications Officer
1. The Comparator, is and was, during the year of comparison one of three communications officers who oversee the provision of operational communications on a 24/7 basis and manage fault scenarios and provide support when communication faults arise. In addition, at incidents requiring six or more fire engines, the communication officer is required to attend the incident or the HQ Command Room. For example at an incident the Communications Officer will assist the incident commander in the management of incident activities by assuming responsibility for organising and allocating radios and talk groups.
Geographical Information System (GIS)
1. This is an ICT based application used for operational and thematic mapping and analysis for which the Comparator has responsibility for and for example is used in the RCC for mobilising, in the CSUs to retrieve operational intelligence and by the operations development team to model response standards for IRMP. The information is used to help to advise NIRFS about the nearest appliances to an incident, how quickly they will get there etc., where water hydrants are etc. This then leads into organisational issues such as a number of engines required across NIRFS, the number of stations required etc..
RCC Operations Support Team & Tech/Training Team
Public Relations
Financial
1. The Comparator, on a monthly basis, provides reports making the business case for any purchase of equipment valued over £5,000. So for example he had to prepare a business case for obtaining satellite communication equipment worth over £100,000 in the period of comparison. He had to provide an appraisal including the costs/benefit etc complying with Treasury Green Book Guidelines including Post Project Evaluations.
2. In
terms of budget management, he was, in the year of comparison, responsible for
advising ACFO Wright on a budget of £150k he did not hold a budget in relation
to the CSU project (or for anything else) and
decided how much of this could be spent on what etc. HE COULD NOT SPEND IT
WITHOUT APPROVAL FROM ACFO WRIGHT
Projects
1. The Comparator would also feed into various projects including the radio project where he was a project board member so he would bring is technical expertise to a project in this example managed by the Replacement Radio Project Team Manager.
RCC Management
1. Within the RCC, the Comparator is part of the RCC management team which has monthly meetings, which are either chaired by the Claimant . The Respondent states that these sometimes would be chaired by the Assistant Chief Fire Officer (Director Technical Development), the Claimant maintains that she chairs these. The meeting is made up of himself Assistant Group Commander RCC Technical, Assistant Group Commander RCC Operations, and the Group Commander RCC (Controls). The purpose of these meetings is to update his colleagues on developments within his responsibility for example technical issues within the RCC, data, etc. The Comparator would spend approximately 5% of his working week/day? in preparing for, attending and dealing with work arising out of such project meetings.
Operational Meetings
Training
1. His training/technical role in relation to the CSU and GIS is that he would have spent 45% of his working week/day/year?, in the period of comparison.
Deputising
1. The Comparator would on a regular basis, also deputise for the Claimant if she were absent, off duty, on annual leave or out of the office during regular periods of short leave. For example during the period of comparison the Comparator even when off duty has had to deal with acute RCC crewing shortfalls when the claimant has been out of the country on leave and not contactable.
FACTOR 1 KNOWLEDGE
terms of formal training, the Comparator would be involved in training courses on the CSU. Such training would occur weekly and would involve half day training periods. Preparation and attending course would take up to 1 day.
FACTOR 2 – EXPERIENCE, TRAINING, EDUCATION REQUIRED
FACTOR 3 - RESPONSIBILITY FOR PLANNING/ORGANISATION OF WORK
Organisation of The Comparator’s Work
technical issues, the Comparator is responsible for managing himself. Some of this technical work would be reactive.
Responsibility for Allocating Work To Others
FACTOR 4 - RESPONSIBILITY FOR QUALITY AND STANDARDS
Own Work
Quality and Standards of Others
Within the Operational Support Team and the technical/training team, the Comparator has responsibility for ensuring standards etc. are met. He does this by checking samples of data collected and inputted into the various systems by the Operational Support Team. He ensures that this is correct on a random basis by visual checks and running any software to confirm this. He will look at the raw material that has been inputted and verify that it is correct. He does this by retracing the steps taken by the Operational Support Team on a random basis.
Command Support Unit
RCC
FACTOR 5 - HEALTH AND SAFETY RESPONSIBILIES
Health & Safety Responsibilities
for ensuring that people were trained in the use of equipment on the CSUs so as to not put themselves or others at risk.
FACTOR 6 - RESPONSIBILITY FOR EQUIPMENT, RESOURCES AND FINANCE
the Assistant Chief Fire Officer (Tech)/Chief Fire Officer and the Department of Health. In relation to IT/ICT purchases of £250,000, the Department’s approval is required.
FACTOR 7 - TRAINING, MENTORING AND TEACHING.
would train individuals on the use of special equipment
such as smart boards, computers etc. He would also demonstrate to them how to
access information from the various information sources within the CSU. HOW
MUCH TIME WAS TAKEN UP WITH THIS IN JUNE 06- JUNE07 previously
stipulated WHERE?.
FACTOR 8 - RESPONSIBILITY FOR DATA HANDLING, RECORD KEEPING PROCESS ETC
FACTOR 9 - RESPONSIBILITY FOR SECURITY AND/OR CONFIDENTIALITY
FACTOR 10 RESPONSIBILITY FOR THE CARE OF OTHERS
FACTOR 11 CONCENTRATION, ACCURACY, MEMORY
FACTOR 12 EMOTIONAL DEMANDS – STRESS AND PRESSURES IN THE JOB
FACTOR 13 DECISION MAKING
The Comparator would regularly have to taken decisions or make assessments/judgments about various issues as detailed below.
1. The Comparator would deal with decision making and assessments during grievance hearings. He will decide what the appropriate outcome is in relation to a grievance and whether or not to uphold it. The sort of things that the Comparator takes into consideration before deciding on, for example, the outcome of the grievance, would be the evidence that has been collected.
2. The Comparator would also have to decide whether various members of staff are competent in their roles, for example, in operating technical equipment within the CSU. The sort of things that the Comparator takes into consideration before deciding on such action will be has the required standard been met as measured by practical or written test.
3. When he has responsibility for the command of the RCC in the absence of the Group Commander (Controls) or the other Assistant Group Commander (Operations), he will make decisions about what the appropriate level of staffing is and whether additional cover is required and whether to grant overtime etc. to members of staff to cover shortfalls. The sort of things that the Comparator takes into consideration before deciding on such action will be call rates, spate conditions etc.
4. In relation to other staffing issues, he would be responsible, for example, for setting up modified duties when individuals return to work from sick leave etc. The sort of things that the Comparator takes into consideration before deciding on such action will be the physical, capacity to carry out tasks, emotional state for example if the person has suffered a bereavement, advice from the Service Medical Advisor.
will decide whether equipment needs to be modified and make such changes to it. Also, he will decide if various computer programs such as that within the GIS mapping system meets the requirement of the Service and whether the program needs to be amended or replaced. The sort of issues that the comparator would take into consideration when making decisions about technical issues are fit for purpose, available finance, on-going support, training and so on.
6. The Comparator also has responsibility in making decisions when faults arise with critical equipment when he is in role of Communications Officer. So, for example, if the pager/alerters that retained (part time) fire fighters use fail for some reason, he has to decide as to how a problem is to be addressed so that there is minimum risk to life and property within the area that particular fire station covers. He has to decide, no matter what time of day or night it is, whether to send a technician to fix it or whether, for example, to require the fire station to be staffed there and then and with the retained staff to be contacted by other means to do so. This is a decision he has to make and is done so on the basis of his experience. He will take into consideration issues such as, the location of the fire station, the number of appliances in it or pieces of equipment that are in it, how far away the station is from the technician who might be required to repair equipment, what the weather is like etc.
7. The Comparator is also making decisions on a regular basis in his command support role. So, he may be in the command room adjoining the RCC or at operational incident as a Communication Officer or as a CSU officer in charge. He decides what information might assist the officer commanding the incident and advises the commanding officer of this. So, for example, the Comparator decides that he feels that CCTV pictures, plans of buildings, details of hazardous materials stored in the building (information all within the CSU systems) might be of assistance to the commanding officer and presents the commanding officer with the possibility of having such information provided. In deciding what information to present to the commanding officer the Comparator brings into play his experience of dealing with operational incidents and the information that he knows is on the systems within the CSU which might provide situational awareness to the officer commanding.
8. If the Comparator assumes command of the RCC, he decides which station/appliances are strategically best for maintaining fire cover, ensures adequate call handling provision.
9. At operational incidents, the Comparator can, as Communications Officer, also decide whether or not to make various technical decisions. For example, if there is a lot of activity on the radio system on one a particular “talk group” the Comparator can decided to allocate certain teams to particular talk groups to assist the commanding officer maintain span of control. The Comparator has to ensure, as Communications Officer, the best way of keeping communications between the various groups of people working within the NIFRS as effectively as possible. So when, for example, British Telecom’s 999 call system became overwhelmed causing concerns for members of the Northern Ireland public trying to make fire calls etc. to the 999 service, he, in
conjunction with others, had to decide what steps to take to put in place a system where callers in Northern Ireland making 999 calls requiring assistance of NIFRS were fielded.
10. Examples where the Comparator is able to decide on issues without having to refer to or get agreement from others would include, preparing technical specifications for the technical equipment such as the GIS, ensuring operational communications as Duty Comms Officer.
11. The Comparator is also responsible for making decisions in terms of his role in the specification and procurement of equipment and services under without having to refer to or get agreement from others. This is disputed by the Claimant. As indicated in paragraph 14 if over £250k he needs authorisation for such spends. Further at factor 6 points 2, 3 he has to make a business case to ACFO/CFO i.e. seek authorisation before spending. So, for example, he decides what equipment to buy for the CSU project, he decides what the best piece of equipment to buy based upon his research, experience and knowledge on such matters. He spends the money in such situations without the need for the agreement etc. of others. This is disputed by the Claimant. As indicated in paragraph 14 if over £250k he needs authorisation for such spends. Further at factor 6 points 2, 3 he has to make a business case to ACFO/CFO i.e. seek authorisation before spending. The Comparator would also take into consideration such issues as to whether the procurement of new equipment would provide value for money for NIFRS and meet the needs of the service. He also has to bear in mind when buying new equipment how it would integrate with equipment already there.
12. The Comparator would also be given a free hand in terms of managing communication faults. He would have to deal with them there and then without seeking the agreement etc. of others.
13. In terms of matters where the Comparator would have to seek agreement from others before going ahead, this would include areas such as recruitment and selection exercises. For example, he would need to agree with human resources and others how many people can be recruited to his teams; what should be the essential criteria for the posts; what the job descriptions should be. Finally, in terms of the selection process, he would require the agreement of the other people on the selection panel he sits with before making appointments.
14. Before making some purchases, as he would not want to buy anything which might not fit in with the Service’s plans or existing equipment, the Comparator would sometimes seek the agreement of other managers. So, for example, the Comparator would liaise with his colleagues within the IT/computers department to ensure that any equipment that the Comparator is buying interfaces well with the computer systems. Also in terms of certain pieces of equipment over £250k, he would require authorisation from the Department of Health.
15. In terms of training, the Comparator would seek the agreement from others before going ahead with training to ensure the appropriate level and detail of training is provided to staff, for example TNA for GIS.
FACTOR 14 – COMMUNICATION AND INTERPERSONAL SKILLS
Written Communication
1. The Comparator send/receives memos/emails/letters etc in the course of his work. This would happen in relation to emails and memos on a day to day basis, letter writing would also occur regularly.
2. On a technical side of things, the Comparator would prepare reports, writing summaries to update his colleagues within NIFRS of achievements of a technical nature within his department. Such reports would go to, for example, the Operational Management Group made up of Area Commanders and above updating them on, for example, the CSU project, what mile stones have been reached and/or missed and how the project was processing
3. The Comparator would also prepare Impact Assessments in relation to the purchase of new technical equipment detailing the aims and objectives of buying the equipment, what improvements etc. would be likely plus the benefits gained by the Service in making the purchase.
4. The Comparator would also prepare training notes so that technical issues can be reduced to writing to allow the training team to explain technical issues in straight forward and easy to understand language.
5. The Comparator would also be responsible for preparing reports etc. on non technical issues. For example, he would prepare investigation reports if there is a disciplinary or performance issue that might require addressing, interviewing staff summarising this and making recommendations as to whether action should be taken etc..
Verbal Communication
1. As well as preparing reports, these reports would often form the basis of presentations to various groupings. So for example, externally, the Comparator would make presentations to various groups including DHSPSS. He contributes to submissions made by the NI GI Strategy to the Chief Executive Group (a public sector forum) on NIFRS GIS case study achievements. He would also make presentations to GIS Delivery Board (A DCAL grouping to assist in the better management of GI Date in Northern Ireland generally). HOW OFTEN IN JUNE 06/07 The Claimant has not enough information to agree or disagree this as the Respondent has failed to provide clarification as requested
2. The Comparator would also make presentations to various groups within NIFRS including: the Operations Forum, the Appliances and Equipment Committee, the Operational Management group, the Principal Officers and
Head of Department Group at various meetings. At these fora he would update the members of developments within the RCC technical side of NIFRS, technical achievements within his department and how they are developing etc.
3. The Comparator would regularly deal with queries on the telephone both internally and externally. This would include simple one to one telephone calls. He may be dealing with return to work queries from staff members who are ill or have suffered an bereavement and the Group Commander (Controls) is not around to deal with such issues. Again, internally, he may be handling telephone calls from individuals staff members on technical queries. For example, there may be a problem with a piece of equipment on a CSU that requires assessing.
4. In addition, he would often take telephone calls from outside organisations to deal with GIS queries.
5. In dealing with presentations, telephone calls and meetings etc. as discussed above, the Comparator needs to have good verbal and written communication skills in the form of making presentations, explaining/answering questions and in letter and report writing.
6. The Comparator must also be able to motivate others to get involved in group discussions such as when chairing sub committees etc., encourages staff to come up with ideas and views. For example in the year of comparison, he would have been motivating staff by WHAT?
7. The Comparator must also be able to listen well so he can engage in general issues as well as technical issues, enter into discussions and provide answers to queries.
FACTOR 15 – RELATIONSHIPS INTERNAL AND EXTERNAL
1. Within the organisation the Comparator will have contact with both uniformed and non uniformed staff at all levels right up to the Chief Fire Officer and on the non uniformed side Director level. He would have regularly contact with management because he is the lead officer for various projects as outlined previously. This means that if senior officers have concerns about CSU project or GIS they can approach the Comparator directly to discuss these.
2. The Comparator would also have regular contact with senior management as he is a Regulation of Investigatory Powers Act single point of contact (SPOC). This means that the Comparator advises senior management on whether an interception of communications traffic data is appropriate and he would advise the Chief Fire Officer accordingly.
3. The Comparator would also have regular contact with the Area Commanders. He needs to have this so he can advise them on technical issues affecting each of their areas within his remit.
4. The Comparator would also have contact with all levels of staff particularly on the two teams he manages the lowest rank being Crew Commander Control.
5. The Comparator would have regular contact with these all personnel by telephone, memo, letter, email and/or face to face meetings, for example addressing technical queries, chairing sub committees when the could be differences of opinion between junior staff – such as relationships requiring management etc.
6. The Comparator is also responsible for management of his own teams and obtaining and developing relationships within that team. Including motivating team members.
7. The Comparator attends, a significant amount of meetings and working groups in his working day which have included the Operations Forum, the Appliances and Equipment Group, Area Meetings. In attending these meetings he would be reporting on technical issues, updating colleagues within these meetings on progress, impact and likely outcomes on business processes. In addition, from time to time, the Claimant is an invitee at the Operational Management group, the Principal Officers and Head of Department Group, the Fire Board.
8. In addition to internally meetings, the Comparator sits on a number of working groups including: the GIS Delivery Board (A DCAL grouping to assist in the better management of Northern Ireland generally made up of representatives from other agencies and government departments; the Emergency Services Public Safety Group (made up of blue light agencies); the UK Location Group (made up WHO from ). As such the Comparator would be developing relationships with members sitting on these groups so he could learn from their experience to see if that can assist him in doing his work thereby assisting NIFRS meet its ends. He would be advising the members of these groups of the technical achievements in work being done by NIFRS so that other agencies can learn from this.
9. The Comparator also has regular contact with fire services in Great Britain, the Republic of Ireland and France and would often deliver training on technical issues to such organisations or update them on systems etc. being used by NIFRS. HOW OFTEN IN JUNE 06/07? He would be in regular contact with Strategic level officers. As such, he has developed relationships with other fire services as well as other agencies locally such as the Northern Ireland Ambulance Service and Police Service for Northern Ireland, again assisting him in delivery his function to NIFRS.
10. He would also be involved in developing external relationships for special projects such as at the North West 200 where he was working with Northern Area Command Officers as part of a team of 250 people to ensure that public safety of that event.
FACTOR 16 – PHYSICAL EFFORT (STAMINA)
1. The Comparator will sometimes have to lift, carry or manipulate heavy objects particularly when working in the Command Support Units. This would regularly involve him carrying a rucksack full of IT equipment. He would also have to lift equipment in and out of CSU such as CCTV equipment. He would also be required, within CSU and also the RCC, to move racks of computer equipment etc. They requirement to lift this equipment would happen on a regular basis at least once a week.
2. At operational incidents whilst in the CSU, the Comparator could be required to stand or walk about for 8 hour periods on end. This is disputed by the Claimant, it is not feasible or required to stand for 8 hours.
3. In addition, the Comparator would also be required to adopt difficult positions to carry out various tasks. So, for example, he might be lying on his, back, on his side, be on his knees in order to be able to “get at” equipment whilst installing or maintaining it.
4. The Comparator could be driving all over Northern Ireland to travel and attend incidents in light of his role as a Communication Officer or CSU commanding officer. In addition, he may have to travel throughout Northern Ireland to provide training for the CSU, provide technical assistance for a CSU etc. The four CSU’s are based in Lisburn, Kilrea, Strabane and Irvinestown. As a guide the Comparator in a year can travel up to 7,000 miles in work related travel.
FACTOR 17 – PHYSICAL SKILLS, MANUAL DEXTERITY, MANIPUALATIVE SKILLS
1. The Comparator would have to use tools, such as screw drivers, spanners, meters, on a weekly basis. In using such equipment, speed is required to ensure that equipment is set up correctly and works correctly. For example, connections for CCTV. Speed is also important because it may be that CCTV equipment, for example, needs to be attached to aerial appliances so that equipment to transmit live images As these appliances are required operationally at an incident their use must not be jeopardised by a delay in getting CCTV equipment on the machine. This means the equipment needs to be placed on the appliance as quickly as possible to assist the fire fighters at operational incidents in saving life or property. Therefore the equipment needs to be set up as soon as possible and correctly so the pictures required are sent back to the CSU etc.
FACTOR 18 – ENVIROMENTAL DEMANDS
1. The Comparator would occasionally, at operational incidents with the CSU, encounter some smoke during wild land fire incidents and hot conditions when working within the CSU during the summer (despite the air conditioning system built into these). Also, when at operational incidents there would be a lot of noise for example, due to the number of fire appliances present and equipment being used in dealing with an incident.
FACTOR 19 – HAZARDS
1. There is the possibility of electric shocks being received in his role as communication officers/technical manager. So for example, there are live terminals that he would be working close to. In addition, the switch gear for UPS carries high voltage which he will be required to operate from time to time. In addition there is the Direct Current equipment which has a battery bank which again exposes the Comparator to the risk of electric shock.
2. In addition to the risk of being exposed to electrical shocks, the satellite communication system presents a possible risk in relation to radiation if standing in front of satellite dishes.
3. Risks are also present to the Comparator in terms of his work with laser equipment such as Direction Finding Equipment. Again it is important that he does not stand in front of such equipment or look directly at these devices.
4. When in attendance at operational incidents, large vehicles may be moving and positioning and there is an exposure to a risk in this regard. In addition, some operational incidents may take place at particular dangerous settings such as tank farms, airports, industrial sites etc.
5. There are various special regulations and/or statutory regulations that are complied with in relation to the Comparator’s work and working environment to try and reduce the risk of injury in relation to the above issues.
6. In addition, the Comparator is issued with protective equipment and clothing in the form of head gear and foot wear and other PPE.
7. The Comparator has not been injured at work and no one from his department, to the best of his recollection, has been injured from the work they do or deal with.
8. Whilst there is a small possibility of the Comparator being injured, he is exposed to a very small probability of injury or ill health as a result of his work in light of the regular and continual risk assessments undertaken. NIFRS risk assessments and its health and safety policies and procedures are particularly robust and stringent.
V2 26 June 2009
V3 3rd July 2009
V4 5 July 2009