Dear Brother/Sister,
Pensions: Update Immediate Detriment High Court Claims Summary Judgement Hearing Date
The Fire Brigades Union issued legal proceedings in the High Court which were served 3 March 2021 in order to force Fire and Rescue Authorities (FRAs) to pay our retired members the pension that they are entitled to, the pension that they earned serving their communities.
These proceedings were served on behalf of an initial three test claimants who have already retired and who are receiving a smaller pension than that which they should be receiving – examples of what have been referred to as the ‘immediate detriment’ cases. The FBU believe that success on behalf of these initial three test claimants will set a precedent for the treatment of hundreds of other retired FBU members currently being denied their correct pension and for those approaching retirement.
The FBU has been forced to issue these High Court proceedings due to the inaction of employers (FRAs) in addressing these immediate detriment cases. Following the most recent Employment Appeal Tribunal (EAT) judgment, the employers have no possible defence for their inaction. They have known since 2016 that they would have to address these cases for our members who have already retired and who are already losing money. The FBU has taken this action because even though the courts have told the employers that they don’t have to wait to pay our members what they are owed most employers have indicated that they will still await further government guidance from the Treasury and the tax authorities. No further guidance is required as the courts have made it plain what they must do.
The defence of the first and second respondents and the FBU response to their defence was detailed in All Members Circular: 2021HOC0217MR
The FBU have applied for a summary judgement, the summary judgement application hearing date is 20th or 21st October 2021
A summary judgment is an application that can be brought if one party believes that it has an overwhelmingly strong case. Essentially, a party can obtain summary judgment if it is able to clearly demonstrate that its opponent has no real prospect of succeeding in the litigation, the FBU believe that the respondents have no realistic defence. This is the quickest way to resolve this matter for our members.
The FBU has entered into dialogue in an attempt to resolve the immediate detriment claims without the requirement for legal action. This route was suggested by the employers and a number of meetings have been held. The Union has been clear that the summary judgement hearing date is the deadline date for these talks with the employers and their representatives to conclude by. We are seeking to resolve the immediate detriment cases within that timeframe. There are many issues that are being discussed during these without prejudice discussions and the FBU believe that they can be resolved, we have already reached preliminary agreement on several of the issues and continue dialogue on the others.
Yours in unity,
MARK ROWE
National Officer
