Dear Brother/Sister
Injury to Feelings Claims
An online meeting was held on 2 July 2024 with brigade secretaries and brigade chairs attending. At this meeting those present were briefed in relation to where matters stand in the pension litigation claims for Injury to Feelings (ITF) that are being transferred from Walkers Solicitors to Thompsons. Each region of the union has an appointed ‘Pensions’ regional official. Any enquiries relating to pensions matters should be directed to local FBU officials in the first instance who will escalate the matter through the structures of the union if they are unable to assist.
The injury to feelings claims are split across four different waves. These are as follows:
- First Wave Claims issued in 2015.
- Tapered Wave claims issued in 2020. These members completed the original survey of 2015.
- Second Wave claims issued in 2021. The vast majority of these members completed the second survey in 2020.
- Third Wave claims issued in early 2024. These were submitted following an audit by Walkers Solicitors. Third Wave claims includes members who completed the 2015 survey and members who completed the 2020 survey.
- First Wave
There are approximately 5,238 members in the First Wave. Thompsons are currently proceeding on the basis that 5,136 of these members are seeking the ‘standard’ level of injury to feelings compensation. The remaining 102 are seeking the higher level of compensation (and in some instances consequential financial loss that arises from something other than retirement).
At present, Thompsons have instructions from approximately 3,272 First Wave members. These are the members who have consented to the transfer of their claim, and have confirmed their agreement to Thompsons’ client care terms.
Thompsons are currently undertaking an exercise to identify more members in this cohort who may have consented to the transfer but changed their name or email address from the one they used to complete the first survey. This sometimes results in members not being identified as having consented to the transfer. Thompsons will, of course, write to any members they identify as part of this exercise and ensure client care letters are sent to them.
Separately an audit has also been undertaken to ascertain which members have not yet given their consent to the transfer and Walkers Solicitors will be contacting all of those members by email again and then by letter if necessary.
The letters sent out to First Wave claimants has generated a considerable amount of incoming correspondence. Members are assured that Thompsons are working through these emails to reply to members’ queries, resolve any outstanding issues and to ensure that those who are supposed to receive the COT3 are sent it as soon as possible.
- Tapered Wave claims
These claims relate to members whose pension arrangements had “tapered” protection, meaning that, at the time of the initial reforms in 2015, they had some time-limited (tapering) protection, whereby they would continue to accrue their historic pension benefits depending on their age and proximity to retirement.
The Tapered Wave claims were issued in 2020. There are 2,728 claims in this Wave.
Thompsons Solicitors are currently in discussions with Government Legal Department (GLD) about these cases which are stayed at the present time and as soon as there is anything to report all the members concerned will be notified as to the position.
- Second Wave
There are 2,304 members in the Second Wave. These members predominantly registered their interest to pursue claims in 2020.
Our legal team remain in discussion with GLD in relation to these claims and as soon as there is a material update to provide they will notify all those concerned.
- Third Wave
These are claims issued by Thompsons at the start of 2024. There are 161 members in this Wave. They were lodged following a final audit undertaken by Walkers Solicitors.
As members can see the work is detailed, comprehensive, subject to strict legal processes and is being concluded by Thompsons as quickly as possible through the required dialogue and engagement with GLD.
The injury to feelings claims in Scotland and Northern Ireland remain stayed pending the outcome and conclusion of the negotiations relating to the England and Wales claims. It is then anticipated the devolved administrations will treat those claims in a consistent manner with the outcome of the negotiations in England and Wales.
Members are asked to note that the discussions with GLD are subject to legal privilege and therefore the information contained within this circular is legally all the union is currently able to say on this matter.
Yours in unity,
Mark Rowe
National Officer
