FBU WINS “MOMENTOUS”
VICTORY ON RETAINED PENSIONS
End of 60 years of discrimination after House of Lords decision
The House of Lords has today backed retained firefighters battling
for equal pension and other employment rights. The landmark
decision paves the way for retained firefighters in Fire and
Rescue Services across the UK to have access to the Firefighters
Pension Scheme.
The Law Lords upheld the appeal brought by the FBU in relation
to rights for over 15,000 firefighters working the retained
duty system across the UK. The Law Lords said that retained
and whole-time firefighters are employed on the same “type
of contract”.
The Law Lords ruled the Employment Tribunal (ET) which had rejected
the FBU’s case, had focused too much on differences rather
than similarities between wholetime and retained duty contracts.
The decision also means that tens of thousands of part-time
workers will be able to use the new Part-Time Workers Regulations
to compare their work with that of full-time colleagues.
The case centred on the exclusion of retained firefighters from
the Firefighters’ Pension Scheme and worse treatment under
the sick pay scheme. They claimed they were being treated differently
because they are part-time workers and that this was unlawful.
FBU backed case throughout
The FBU, which backed the test case throughout, says this case
will secure fairness and justice for every retained firefighter
in the country. Without retained firefighters most areas of
the country would not have a full fire service and some would
have none at all.
The UK has around 15,000 retained firefighters typically employed
outside main urban centres “on call” for between
120 and 168 hours a week. They are employed on the basis that
they have other jobs but have to work or live close to the fire
stations where they are “retained” so they can respond
quickly to emergencies.
The test case was taken by 12 retained firefighters, 6 from
Kent and 6 from Berkshire. All are FBU members.
First class firefighters see end to 2nd class employment
rights
FBU General Secretary Matt Wrack said: “This momentous
decision paves the way to ending 60 years of discrimination
against firefighters working retained duty. Retained firefighters
are first class firefighters and will no longer have to accept
second class employment rights.
“No longer will we have firefighters working retained
duty serving their communities for 30 years being left without
a pension. Having secured holiday rights, sick pay rights and
proper time off, we have now taken a major step to securing
pensions.
“The Fire Brigades Union has fought this case for many
years against great odds. Once again we have proved we are the
only organisation in the fire service with the will and the
means to protect firefighters working retained duty.”
Case will impact on hundreds of thousands
Union solicitor Richard Arthur said: “This case will impact
on hundreds of thousands of part-time workers who will be able
to use the regulations to get equal treatment. It is a truly
momentous decision.”
FBU national officials are currently considering the finer detail
of the ruling. Further information will be provided to members
shortly.
The union was represented by Richard Arthur and Melanie Day
from leading employment lawyers Thompsons solicitors, and Robin
Allen QC and barrister Martin Seaward
Buncefield firefighters demonstrate
outside Downing Street reception as fire service cuts and closures
loom
Buncefield firefighters are to demonstrate
in protest outside a Downing Street reception this evening in
protest at swingeing cuts to the Hertfordshire fire service.
The proposals include the loss of 50 frontline firefighters,
the closure of two fire stations and the loss of specialist
rescue equipment.
All of the losses will be of firefighters and equipment at stations
which were the first to respond to the fire at Buncefield. The
firefighters say the losses will impact across the whole of
Hertfordshire and cut the response capability to all emergencies.
Hertfordshire FBU Vice Chair, Tony Smith said:
“We have no criticism of our colleagues who feel pressured
to attend this reception, but we take exception to national
and local politicians basking in the success of our hard work
one minute and sacking us the next.
“Buncefield was the fourth major incident in Hertfordshire
in recent years. We had previously dealt with three major rail
crashes at Watford Junction, Potters Bar and Hatfield and the
level of other emergency incidents has not diminished.
“Firefighters at Buncefield knew stations were ear-marked
for closure and that jobs were under threat, but we did our
duty. We are not prepared to quietly stand in line to be told
well done only to be stabbed in the back days later.
Nothing to celebrate
“There is nothing to celebrate in Downing Street when
the shadow of significant cuts hangs over our fire service.
We don’t want public money spent on drinks and canapés
when our communities are seeing their fire service cut to save
money.
“The public in Hertfordshire are totally opposed to these
cuts which will have an impact across the whole of the county.
Out of touch politicians are treating their firefighters with
contempt and we are appalled this reception is going ahead in
these circumstances.
“Hertfordshire firefighters will protest in an organised
and dignified manner. We have a serious point to make about
the safety of our communities and we intend to make it.”
Continuous Professional Development
update
Arrangements for putting in place the Continuous Professional
Development (CPD) payments, which are to replace for the long
service increment (LSI) under the June 2003 pay agreement, have
been the subject of ongoing discussions between the Union and
Employers.
They were discussed at a recent meeting between lead members
from the two sides of the National Joint Council (NJC) on 25
January 2006 and there have been a number of discussions at
NJC Joint Secretaries level before and after this meeting.
It has been agreed that the Working Group consisting of officials
from the FBU and the employers will meet between now and May
and it is envisaged that the negotiations will take place over
four meetings.
The negotiations will conclude in order for the FBU to
consider whether the outcome of those negotiations is acceptable
to FBU members in good time before the planned implementation
date of 1 July 2006.
The all-important questions for members are “how and when
do I get it?” and “how much will it be? We look
forward to hearing the employers’ proposals on the mechanism
which will allow members to attract the CPD payment. Members
will be aware that CPD payments will be outside the IPDS-based
pay structure and the arrangements for additional responsibility
allowances.
The FBU has made its position quite clear that the expectation
of this Union and its members is that the amount of money available
for distribution to members should be equal to that which is
being surrendered by members with the ending of LSI. It is appropriate
to put members on notice that the employers have a different
interpretation as to what was agreed.
The FBU is cognisant of the relevant legislation and case law
and will be submitting proposals which are appropriate, fit
for purpose, justifiable and will assist in promoting industrial
harmony in the fire service by meeting the expectations of our
members.
Members will be kept informed of the progress of the negotiations.
Retained Bounty Payments
The FBU is stepping up efforts to defend the long-service bounty
payments for firefighters on the retained duty system.
The Union has long campaigned for full pension rights for retained
members and for their inclusion in the existing Firefighters
Pension Scheme.
In the light of the Government’s insistence that retained
members will only be eligible to join a New Firefighters Pension
Scheme that offers an inferior level of benefits to the current
Firefighters Pensions Scheme, the Union is campaigning for the
maintenance of the current bounty scheme. Having already raised
the matter with the ODPM and at meetings of the NJC Joint Secretaries,
the FBU has now written to the National Joint Council to formally
submit a claim to the Employers for consideration by the NJC
Joint Secretaries.
Attacks on firefighters
A Private Members Bill calling for measures to protect emergency
workers from attacks, including firefighters, will be debated
in parliament on Friday March 3. The Protection of Emergency
Workers Private Members’ Bill was presented by Alan Williams
MP and followed the campaign against attacks on firefighters
launched by the FBU last year.
The debate is expected to start around 9.30am and you can watch
it live on the parliamentary channel or on www.parliamentlive.tv/
For more information on the FBU’s campaign visit: www.fbu.org.uk
Agreement reached on Lancashire
crewing levels
Strike action by firefighters in Lancashire has been called
off after an agreement was reached over crewing levels.
Chief Fire Officer Peter Holland had wanted to cut the number
of firefighters on some engines in a bid to save money.
FBU members were unhappy with the proposals and threatened a
strike ballot. But an agreement has been reached after positive
talks.
Steve Harman, secretary of the Lancashire FBU, said:
"Throughout the discussions we have done our best to reach
an agreement that suits both our members and the Service. I
am pleased that we have been able to do that and that industrial
action has been averted.
We believe that the agreement reached will not compromise the
safety of our members or the service we deliver to the public."
Lancashire members and FBU officials throughout the UK will
be informed of the details of the agreement over the next week.
The agreement will also be posted up on the FBU/LRD Grey Book
pay and conditions database, which brigade officials can access
via the FBU website or by clicking this
link
FBU Union Learning Fund Project
– Regional Co-ordinator Regions 5 & 9
Over the last sixteen months the FBU has been promoting and
advocating a lifelong learning agenda within the union and in
the UK Fire Service through a project funded by the Union Learning
Fund.
Over the next two years the project aims to have a network of
Union Learning Representatives in place throughout the regions
building a sustainable framework in line with the FBU policy.
The project will aim to deliver lifelong learning opportunities
to our members and Fire Service staff in partnership with other
Fire Service agencies, employers and education providers. It
will continue to encourage and support our members in lifelong
learning as well as help them meet learning issues driven by
workforce development plans and the Integrated Personal Development
System.
This will be another key service the FBU is providing for its
members.
Having achieved further Union Learning Funding until April 2008,
a position of Regional ULF Co-ordinators exists in Regions 5
& 9.
Job open to all members
The job is open to all FBU members. Where this would involve
a secondment to the project, appropriate agreement will be required
with the successful applicant’s brigade.
For a job spec, the job advert and further information contact:
Trevor Shanahan:
07917759473 or Adrian
Slassor: 07795592224.
Closing date for applications by email/post is
Friday March 3 2006.
Stop US intervention in Venezuela
Labour MP Colin Burgon has put down an Early Day Motion in parliament
calling on the UK to oppose any illegal interference in Venezuela,
which suffered a US-backed coup in 2002. It also supports the
democratic renewal in Venezuela, and recognising the importance
of recent social changes. Just under 80 MPs have signed the
motion so far.
Ask your MP to join them. Use the quick and easy-to-use lobbying
facility on the FBU
website.
In a bizarre attack on a democratically elected and popular
foreign government, Prime Minister Tony Blair last month remarked
that Venezuela had to respect the ‘norms of the international
community’ and he condemned the country’s co-operative
relationship with Cuba.
Since 1998 Chávez has been elected directly twice and
also survived a California-style "recall" election,
showing democratic credentials that should embarrass Blair and
Bush.
Chávez was temporarily removed by a violent coup d'etat
in 2002. The coup was instantly recognised by the US as "a
return to democracy", but the general public didn't agree
and massive popular protest returned Chávez to power.
The US has since given asylum to the coup leaders.
The FBU joined other unions in supporting a resolution at the
2005 TUC annual conference that “congratulates and supports
the Venezuelan government for its utilisation of the country’s
wealth and resources for reforms to benefit working people,
the poor and the landless”, notes that President Hugo
Chávez has a strengthening “democratic mandate”,
“deplores the attempts of the United States administration
to intervene in the internal life of Venezuela” and “agrees
to raise these concerns with the British government.”
For more info visit: www.vicuk.org
