All different, all equal

Through our championing of fairness at work, the Fire Brigades Union has been instrumental in improving the culture of the Fire and Rescue Service. Where racism, sexism and other forms of discrimination occur, the Union has been first to demand that employers challenge and eradicate such behaviour. 

Our own strength and unity is cemented by our Members’ obligation to treat each other with dignity and respect, and to challenge offensive behaviour where it occurs. In this context, ‘All Different, All Equal’ has provided a robust means of determining whether a Member accused of bullying or harassment has an arguable defence. 

In the majority of cases, a well-executed investigation may ensure continued representation for Members. However, policy guidance on the question of the validity of mitigation in determining an arguable defence is at best ambiguous and at worst (and where the policy is adhered to unfalteringly) disallows representation.

Conference therefore demands that the following paragraph of the ‘All Different, All Equal’ policy: 

“A plea of ‘mitigating circumstances’ to excuse a confirmed act of discrimination, harassment or bullying does not by itself constitute an arguable defence – it amounts to mitigation of penalty rather than a defence to the charge” 

be deleted and replaced with:

“A plea of mitigating circumstances to excuse a confirmed act of discrimination, harassment or bullying may not by itself constitute an arguable defence. However, neither should it completely disbar the applicant from representation where the weight of that mitigation is significant.”