Employers’ Secretary, Simon Pannell
Local Government House, Smith Square,
London, SW1P 3HZ
Telephone 020 7187 7335
e-mail: [email protected]
Employees’ Secretary, Matt Wrack
Bradley House, 68 Coombe Rd
Kingston upon ThamesKT2 7AE
Telephone 020 8541 1765
NATIONAL JOINT COUNCIL
FOR LOCAL AUTHORITY
FIRE AND RESCUE SERVICES
_______________________________________________________________
To: Chief Fire Officers
Chief Executives/Clerks to Fire Authorities
Chairs/Portfolio Holders
Directors of HR (Fire Authorities)
Members of the National Joint Council
_______________________________________________________________
12 June 2015
CIRCULAR NJC/10/15
Dear Sir/Madam,
PART-TIME WORKERS (PREVENTION OF LESS FAVOURABLE TREATMENT)
REGULATIONS – FIRE BRIGADES UNION EMPLOYMENT TRIBUNAL CASES
1. You will be aware of the settlement agreement reached in respect of the
terms and conditions aspect of the above Employment Tribunal cases. The
mechanism in that agreement for settlement offers to be made and accepted
through an independent third party (Popularis) has been on-going at local
level for some time now.
2. As such we write to advise you that we are moving into the final phase of this
work in order to bring this complex process to a close.
3. Fire authorities have been asked to provide data in respect of any remaining
new and/or amended offers to Popularis by no later than 21st July 2015.
4. This will include offer data in respect of the decision to extend application of
the settlement agreements to cover wholetime employees with previous
retained duty system service within the same FRA and within the reference
period (1 July 2000 to 30 June 2010), subject to meeting the over-arching
eligibility criteria including that they remained employed as at 8 March 2011.
A copy of the signed addendum to the agreement is attached (Appendix 1).
5. A final batch of offers will then be issued to the relevant employees on 4
September 2015. A flowchart containing the agreed timeline is attached
(Appendix 2). The flowchart refers to a sequence of letters copies of which
have already been provided to authorities (circular NJC/3/11).
6. Both sides of the NJC are committed to ensure that all employees (and
eligible ex-employees) who are entitled to an offer receive one. This principle
has been adopted and implemented since the outset of the “offers process”.
Both sides have, and continue to, put measures in place to ensure this
happens. However, both sides of the NJC acknowledge that the matter cannot
continue to linger on.
7. Accordingly, both sides recognise that at the end of the process there may be
instances where an individual employee cannot be traced or instances of
Employment Tribunal claimants who on further examination prove to be
ineligible to receive a settlement payment under the terms of the agreement
for whatever reason. In such cases it is also acknowledged that Thompsons
on behalf of the FBU will write to the Employment Tribunals concerned
explaining this and that, as such, they can no longer act for such Claimant(s)
in this element of the claim. Fire authorities will seek to have such claim(s)
struck out. "Strike out" means that there will be a formal decision from the
Employment Tribunal that the claim will not proceed.
Yours faithfully,
SIMON PANNELL
MATT WRACK
Joint Secretaries
14 days to respond
(42 days)
(21 days)
7 day notification period 7 day notification period
21 days to respond
14 days to respond
Settlement offer (Letter 1) sent
out by Popularis on 4 Sep 2015
Offer Accepted within 14
days (by 18 Sep 2015).
Thompsons informs FRAs of
acceptances or registration of
non-standard circumstances
by 9 Oct 2015.
Individual states (by 18 Sep 2015) non Standard circs apply. Popularis
advises Thompsons in order to inform FBU assessment, and to advise FRAs
No Response within 14 days (by
18 Sep 2015)
Reminder (Letter 3) sent by 25 Sep
2015
FBU/Thompsons agrees
non-standard
circumstances apply
FBU/ Thompsons does not
agree non-standard
circumstances apply
Notification to Thompsons
that FRA does not agree
non-standard circs apply (by
27 Nov 2015)
Notification to Popularis that FRA
agrees non-standard circs apply (by
27 Nov 2015), including revised offer
Offer accepted (by 9 Oct
2015). Thompsons
inform FRAs by 30 Oct
2015
Claimant has 14
days to respond
states nonstandard
circs
apply (by 9 Oct
2015)
Thompsons notifies individual (letter
2) and FRA and re-states original
offer (by 6 Nov 2015)
Thompsons notifies FRA
(by 6 Nov 2015)
Original offer
rejected
(by 27 Nov
2015)
(up to 3 months)
(up to 3 months)
APPENDIX 2
30 Oct 15
Settlement
payment made by
9 Jan 2016 Settlement payment made
within 3 months and by 18 Mar
2016
Settlement payment
made by 30 Jan
2016
21 days to respond
Popularis issues revised
offer by 4 Dec 2015
Offer accepted by 18 Dec
2015 and settlement
payment made by 18 Mar
2016
Original offer accepted
(by 27 Nov 2015).
Thompsons informs
FRA by 18 Dec 2015
Original offer accepted (by 18
Dec 2015). Thompsons
informs FRA by 8 Jan 2016
and settlement payment made
by 8 Apr 2016. Or claim may
continue.
Thompsons notifies individual
by 4 Dec 2015
