Due-to-service injuries and illness

Conference notes legal advice circulated by Head Office on the questions of whether:

(i) An injury or illness should be considered to have arisen out of an authorised duty for the purposes of calculating entitlement to sick pay under the Grey Book.

(ii) An injury should be considered to have been sustained in the exercise of an employee’s duties for the purposes of determining a qualifying injury under compensation scheme regulations.

The advice cited case law, including Michael Walker v London Fire and Emergency Planning Authority, and asserted that in order for the criteria in each scenario to have been met, it would be necessary in most cases only that the employee concerned was acting while in the employ of the Fire and Rescue Authority, and was empowered or entitled to engage in the activity in question. 

Conference is concerned, however, that some Fire and Rescue Authorities are continuing to place a different and much narrower interpretation on these matters, often insisting that the criteria is met only if the employee was engaging in an activity that was in some way unique or strictly related to an operational call. Ultimately, this means that Members may not receive the sick pay or pension to which they are entitled.

Notwithstanding that where disagreement exists an opinion may be sought from an Independent Qualified Medical Practitioner as well as (for pensions-related issues) the Board of Medical Referees, experience suggests that the differing interpretations between the FBU and some employers continues to cause, at best, confusion and, at worst, a tangible detriment to Members.

Conference therefore calls on the Executive Council to lobby, where appropriate, national employers, Firefighters’ Pension Scheme Advisory Boards, Government Ministers and other appropriate parties to ensure that the Union’s interpretation of these matters is recognised as the correct one and, where necessary, reflected by way of amendments to the Grey Book and compensation scheme regulations.