Dear Brother/Sister

SUCCESS ON RETAINED FIREFIGHTERS’ PENSIONS AFTER AN EIGHT-YEAR LEGAL BATTLE

FBU members may already have seen the Union’s Press Release or e-bulletin on the subject of the recent Employment Tribunal result regarding Retained Duty System (RDS) members.

This case has been underway for some eight years. The result was given on 5 March 2008 at Croydon Employment Tribunal. It follows a landmark legal judgment by the House of Lords on 1 March 2006 in favour of the Union and further hearings at Tribunal in March and November 2007 and January 2008.

The Tribunal considered issues remitted from the House of Lords and found as follows:

• The Tribunal finds and declares that the Claimants were engaged in broadly similar work as their named comparators.

• The Claimants were treated less favourably than their named comparators in respect of access to pension rights and payment for sickness absence.

• The Respondent’s arguments of justification are dismissed.

• The Claimant’s case for increased pay for additional responsibilities is adjourned for 8 weeks.

The judgment will impact on all of our members who work the Retained Duty System (RDS). The Tribunal has considered 12 test cases from a total of 12,000 lodged at Tribunal in 2000 on behalf of Firefighters working Retained Duty across the UK. Any judgment applies to all FBU members working Retained Duty in all Fire Brigades in Scotland, Wales, Northern Ireland and England.

The Executive Council, alongside our National Retained Committee, will now give consideration to the full implications of this success. This will include identifying those other employment matters relating to RDS members which need to be raised with our Employers. Further reports will follow in due course.

The FBU continues to campaign for all those working in the UK Fire Service whether at Stations, in Control Rooms or in the departments of Fire and Rescue Services, whether Wholetime or Retained. This success again demonstrates clearly that we are strengthened if we work together to improve conditions for all.

Best wishes.

Yours fraternally

MATT WRACK
GENERAL SECRETARY
MW/sll