England and Wales
As you all know Thompsons are acting for 9,000 FBU members in the Employment Tribunal who claim that the transitional arrangements introduced to implement the 2015 pension reforms in the Fire Service were discriminatory on the basis of age and caused them to be subjected to an injury to their feelings entitling them to some compensation.
The transfer of these cases from Walkers Solicitors to Thompsons Solicitors has now concluded. If anyone has not provided consent Walkers Solicitors have come off record as acting for them.
First Wave
In respect of the first wave claims which were lodged in 2015 and remain stayed, we are pleased to report that a further 1,000 cases have been resolved since our last update in May (circular 2025HOC0159MR). This is in addition to the 3,000 first wave claims which have settled to date. This means that there are only around 1,000 claims left to settle in the first wave, the majority of which are currently undergoing a verification process where the government checks to ensure a claim is valid. We want to reiterate that the verification process is a prerequisite in order for a case to be resolved and that the delay is not with the FBU or Thompsons. Thompsons hope to be able to update those whose details are currently being verified very soon. For individuals who have recently transferred and have not yet been sent for verification, Thompsons intend to send what is hopefully the last batch of claimants for verification in the next 14 days.
Later Waves
In respect of the later waves of claims, those in the Tapered Wave, Second Wave and Third Wave, these cases remain stayed, and we explained in circular 2025HOC0159MR that the FBU was hoping to reach agreement on all cases in the later waves as part of one overarching agreement.
We are pleased to say that we understand a resolution has been reached with regard to these claims and we understand further correspondence will be sent from Thompsons shortly giving details around that. The FBU is unable to comment in detail on the negotiations currently underway on these waves and Thompsons will write to members individually. We once again ask that any correspondence related to these matters is treated confidentially by the members concerned as sharing letters of this nature on social media and in public forums risks undermining the negotiations.
Please note that whilst we consider there is a means now to resolve all the litigation in principle it will still take some time to conclude and therefore please wait to hear further from Thompsons. We appreciate this has been a drawn out process but what we have achieved in challenging the 2015 pensions reforms is very significant and should not be forgotten.
Scotland
Members in Scotland with ITF claims: Thompsons Solicitors have now formally taken over legal representation from Walkers. They have gone on the record with the Employment Tribunal and have requested a preliminary hearing to arrange further procedure in the case. There have been two meetings with the Scottish Government’s lawyers. They have agreed in principle that the Scottish cases can and should be settled on the same basis as the cases in England and Wales. However, it will be the UK Government who are actually providing the money to the Scottish Government to allow them to pay the compensation. The Scottish Government have contacted the UK Government Legal Department to ask them to make arrangements to make these payments but have not had any success in gaining a commitment from them on timescales. Thompsons are therefore trying to push things forward in the Tribunal to try to encourage the UK Government to make good on this promise as quickly as possible. As soon as Thompsons have more information they will write to members in Scotland with an update.
Northern Ireland
We are pleased to report that we have received an offer of settlement in this matter. Members in NI will as a full and final settlement of the claim be offered the same settlement figure achieved in the England and Wales settlement. We therefore believe the offer to be fair and one that that adequately reflects the potential value of each of our members claims in NI and so we would encourage members in NI to accept it. Members will be aware, there are equivalent claims in England and Wales that predated the NI claim, and the offer we are being offered here is the same that was accepted in those claims. Members will be written to shortly and if this offer is accepted by members, then we will begin to communicate with the Labour Relations Agency to get the matters resolved as soon as possible.
Yours in solidarity,
Mark Rowe
National Officer
