Dear Brother/Sister
The FBU has today started the process of mounting a legal challenge in relation to 'protection' arrangements for firefighters who were in the 1992 Firefighters' pension scheme (FPS). These measures were introduced by government with the claim that they would allow pension scheme members time to adjust to the new arrangements introduced form April 2015. The FBU has consistently argued that the 2015 schemes do not take adequate account of the specific needs of the fire and rescue service or of firefighters. We have also consistently argued that the 'transitional protection' arrangements were utterly unfair to pension scheme members.
The union believes that the protection that was imposed without agreement is wholly inadequate and that is open to challenge in various ways relating to discrimination.
The start of this process follows extensive discussion between senior officials and legal teams. The Executive Council has been clear throughout the pension campaign that every avenue for challenge will be explored ' including legal challenges if these are identified as viable. Following lengthy discussions and detailed advice a formal process has been started.
This involves a test case from each brigade in the UK as well as other test cases relating to particular aspects of potential discrimination. A process is now being set up to allow members to register their case via the FBU website. A further circular explaining this will be issued shortly.
The union have been trying to negotiate better protection arrangements through the pension campaign but Westminster government has so far simply refused to budge on this issue and has applied the same protection rules across all the public sector schemes.
Clearly we cannot predict how this case will proceed, but members should be aware that the Executive Council continues to consider every possible avenue for challenging the arrangements which were imposed in April as well as seeking improvements to the new scheme.
Members will be kept updated on this issue as it develops.
Best wishes.
Yours fraternally
MATT WRACK
GENERAL SECRETARY
Circular ref
2015HOC0417MW
