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  3. Injury to feelings claims hearing 13-28 October 2022

Injury to feelings claims hearing 13-28 October 2022

August 11, 2022
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Circular ref
2022HOC0398MR

Dear Brother/Sister

In 2015 the Fire Brigades Union brought Employment Tribunal claims for about 9,000 firefighters, claiming that the pension changes made in 2015 amounted to unlawful age discrimination. As is well known, we were ultimately successful in the Court of Appeal in 2018.

The claimants are entitled to claim compensation for any out-of-pocket losses that they incurred as a result of the pension changes (such as financial advisers’ fees) and they are entitled to claim compensation for the distress, anxiety and anger that was caused.

Altogether there are about 9,000 claims filed. The FBU asked members to complete a form in 2015, only the people named as claimants can make these claims. To allow members who missed the original 2015 cut-off date to join the claim, the FBU sent out a further circular in 2020 inviting anyone who missed the 2015 deadline to complete a new survey, this was also put up on the union’s website.

Hearing evidence from each and every one of the 9,000 firefighters who have made a claim would be unmanageable. What the Tribunal asked us to do is to identify 12 lead cases that will go to a hearing (if they are not settled by agreement). The outcome of these 12 cases can then be used as a benchmark to settle all of the other claims. Some of them will be “average” cases with no particular distinguishing features. Between six and eight of them will be for firefighters who suffered more than most. The Tribunal has asked us and the Government’s lawyers to agree who these serious cases should be, this work was completed earlier this year.

The FBU were originally ahead of the Police in registering our claims but due to our claims being stayed by the courts whilst the government defended against our claim of unlawful age discrimination the Police settled out of court in December 2021. The FBU believe that a percentage of the Police awards were taken by the Solicitors representing them in their claim. We can assure FBU members that they will receive 100% of their claim.

Yours in unity,

Mark Rowe
National Officer

 

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