here - Northern Ireland Fire & Rescue Service

Headquarters
1 Seymour Street
Lisburn BT27 4SX
T 028 9266 4221
F 028 9267 7402
enquiries@nifrs.org
www.nifrs.org
Chief Fire Officer and Chief Executive
Colin J Lammey MSc FCIPD FIFireE
10 August 2007
Dear Consultee
RE:
NORTHERN IRELAND FIRE AND RESCUE SERVICE
SECTION 75 SCREENING CONSULTATION ON
• RETIREMENT POLICY AND PROCEDURE
We have reviewed our retirement arrangements in accordance with the Employment
Equality (Age) Regulations (Northern Ireland) Order 2006. As part of our equality
screening under Section 75 of the Northern Ireland Act 1998, we wish to obtain
information from stakeholders, including staff, in respect of the equality impacts of
our Retirement Policy and Procedure. NIFRS is committed to equality of opportunity
and the principles of age discrimination legislation. This commitment will contribute
to sustaining organisational success through the retention of skilled and experienced
staff.
We are pleased to enclose a copy of the Retirement Policy and Procedure
(Enclosure A), along with a brief questionnaire (Enclosure C).
The review of retirement arrangements was undertaken by the Human Resources
Department, led by Marina Hughes, Employment Policy Manager. This was in
consultation with the Representative Bodies.
Under Section 75 equality legislation we must consider the following criteria to
identify if this policy is likely to have a significant impact on equality of opportunity for
some, or all, of the nine equality categories.
The nine categories are:
• Persons of different religious belief
• Persons of different political opinion
• Persons of different racial group
• Persons of different age
• Persons of different marital status
• Persons of different sexual orientation
• Men and women generally
• Persons with a disability and persons without; and
• Persons with dependants and persons without.

2
10 August 2007
You may occupy some if not all of these groups. Further explanation of these
equality categories is attached at Enclosure B.
As a stakeholder, we would welcome your response to the brief questionnaire. Your
consideration should be in the context of the nine equality categories.
All views are welcome and we would like to receive your response by 19 October
2007. Details of how to make your response are outlined below. This may be in
writing, email, telephone or in person. If you wish to receive the document in
alternative formats, please contact us.
A summary of responses plus details of any policy revision will be available on our
website during November 2007.
Contact Details
Post
E-mail
Mrs Marina Hughes
Employment Policy Manager
Human Resources Policy Unit
Northern Ireland Fire and Rescue Service
Fire and Rescue Service Headquarters
1 Seymour Street
Lisburn BT27 4SX
marina.hughes@nifrs.org
Telephone 028 9266 4221 ext 2305
Fax 028 9260 0456
Minicom/
Textphone
028 9262 8880
Thank you in anticipation of your support. We look forward to receiving your
comments.
Yours faithfully
Adèle Davidson
Equality Manager
Enc

Enclosure A
RETIREMENT POLICY &
PROCEDURE
June 2007
Retirement Policy & Procedure
POL-021 (v1.0)

NORTHERN IRELAND FIRE & RESCUE SERVICE
RETIREMENT POLICY & PROCEDURE
SECTION 1 – INTRODUCTION
1.1 Aims and Objectives
1.2 Policy Statement
1.3 Scope
1.4 Monitoring and Reviewing the Policy
1.5 Representative Bodies
1.6 Further Information and Guidance
SECTION 2 – RETIREMENT PROCEDURE
2.1 Right to work beyond intended Retirement Age
2.2 NIFRS Normal Retirement Age
2.3 NIFRS Procedure
2.2 Appeal
2.3 Right to be Accompanied
2.4 Reasonable Adjustments
2.5 Keeping Records
SECTION 3 – ASSOCIATED DOCUMENTS
Appendix 1
Appendix 2
Retirement Procedure (Flow Chart)
Authorised Managers
Issue Date: June 2007
Revised:
Issued By:
Human Resources Policy Unit
Retirement Policy & Procedure
POL-021 (v1.0)

SECTION 1 - INTRODUCTION
1.1 AIMS AND OBJECTIVES
On 1 October 2006, the Employment Equality (Age) Regulations (Northern
Ireland) Order 2006 came into force, making it unlawful for employers to
discriminate against a person on the grounds of their age. Northern Ireland Fire
& Rescue Service is committed to equality of opportunity for all groups specified
under equality legislation. This extends to its duty to comply with the statutory
obligation to inform and consider an employees request to work beyond
retirement.
1.2 POLICY STATEMENT
This document will supersede any existing Retirement Procedures and reflects
statutory provisions.
1.3 SCOPE
This policy applies to all NI Fire & Rescue Service staff across all locations who
have reached NIFRS normal retirement age. The policy does not apply to those
personnel who wish to retire before reaching NIFRS normal retirement age.
1.4 MONITORING AND REVIEWING THE POLICY
The Human Resources Policy Unit will review this Policy and Procedure from
time to time in the light of best practice and changes in legislation. Any review of
the policy will involve consultation with the appropriate stakeholders.
1.5 REPRESENTATIVE BODIES
NIFRS will consult the Representative Bodies in relation to the Retirement Policy
and Procedure.
1.6 FURTHER INFORMATION AND GUIDANCE
Further information and guidance can be obtained from the Human Resources
Department at Fire and Rescue Service Headquarters.
The Retirement Policy and Procedure will be made available to all employees on
the public Microsoft Outlook folders and the Fairness at Work Folder held at each
Station/Department.
Retirement Policy & Procedure
POL-021 (v1.0)

SECTION 2 – RETIREMENT PROCEDURE
2.1 RIGHT TO REQUEST TO WORK BEYOND INTENDED RETIREMENT AGE
NIFRS has a duty to consider requests from employees to work beyond their
normal retirement as set out in Schedule 5 of the Employment Equality (Age)
Regulations (NI) Order 2006.
The duty consists of the following steps:
Employees must be advised in writing of the intended retirement date, no
more than 12 months and no less than six months before that date and
notified of their right to request to work beyond retirement.
If an employee wishes to continue working beyond retirement, he/she must
request in writing to stay on, no more than six months and no less than three
months before the retirement date. Employees must specify whether the
request is to stay on indefinitely, for a stated period or until a stated date. The
employee can make only one request in relation to a retirement date.
A meeting must be held within a reasonable period to consider the request.
Employee’s have the right to be accompanied at the meeting by a fellow
employee. If the companion is unavailable at the time proposed, the
employee can postpone the meeting, provided that he or she can propose a
time that is convenient for all the parties and falls within seven days of the
date set.
As soon as reasonably practicable after the meeting employees must be
notified in writing of any decision. This decision could be: to agree to the
request; to refuse the request; or to permit the employee to stay on, but for a
different period than that requested by the employee.
Employees have the right to appeal any decision. Appeals must be made as
soon as reasonably practicable after the date of the decision.
As soon as reasonably practicable after the appeal meeting, employees must
be notified of any decision in writing.
2.2 NIFRS NORMAL RETIREMENT AGE
The normal retirement age for NIFRS personnel is as follows:
Staff Group
Age
Non-Uniformed 65
Regional Control 65
Uniformed 60
Retirement Policy & Procedure
POL-021 (v1.0)

2.3 NIFRS PROCEDURE
Human Resources Services Unit will notify employees in writing of their Intended
Retirement Date (IRD) and their right to request not to retire on the intended date
of retirement nine months before the actual date.
Employees must put their request to work beyond the intended retirement date in
writing using SC 99, no earlier than three months after the notification from
Human Resources.
The employee will be invited to a meeting which shall take place within a
reasonable period, normally within 14 days of receiving the SC 99. The
employee may be accompanied at this meeting by a fellow employee, if
requested. This meeting will provide an opportunity for both the employee
making the request and the authorised manager (refer to Appendix 2) to discuss
the option selected by that employee.
Following the meeting, a copy of the employees request, all notes and records of
meetings and the management recommendations should be forwarded to the
appropriate Area Commander or PO Grade Head of Unit to consider the request.
The decision to progress the retirement may only be made by a manager of a
level not less than Area Commander or PO Grade Head of Unit. All such
decisions must be sanctioned by the relevant Principal Officer or Director.
The decision will be communicated in writing within a reasonable period,
normally within 28 days of receiving the application. If the Area Commander or
PO Grade Head of Unit is unable to reply within the specified period, the
employee should be informed of this and of when a reply can reasonably be
expected.
The letter sent should detail:
(i)
(ii)
(iii)
(iv)
(v)
The nature of the request.
The outcome of the meeting
The reason for the outcome.
Any other relevant issues.
eg, Employees who work beyond retirement age must continue to fulfil all
medical, fitness and competence requirements in accordance with
existing NIFRS provisions.
The right to appeal.
2.4 APPEAL
Employees wishing to appeal must write to the appropriate Principal Officer or
Director within 7 days of having been informed of the decision, stating the precise
grounds of appeal.
Retirement Policy & Procedure
POL-021 (v1.0)

If the Principal Officer or Director changes the decision and notifies the
employee, there is no requirement for a further meeting. Any such decision
should normally be made within 14 days of receipt of appeal. However, if an
appeal meeting is required the employee will be given 7 days notice.
At the appeal meeting the employee will be allowed to explain why they wish to
extend their retirement date, why they have appealed and how they think it
should be resolved.
The outcome of the appeal meeting should be communicated within 7 working
days. The employee should be informed that there is no further appeal.
2.5 RIGHT TO BE ACCOMPANIED
Employees have a statutory right to be accompanied by a fellow employee of
their choice at all stages of the Procedure.
The accompanying individual will be permitted to address the meeting (but not to
answer questions on behalf of the employee) and is also permitted to confer with
the employee during the meeting.
2.6 REASONABLE ADJUSTMENTS
Due regard will be given to reasonable adjustments that may be required under
the Disability Discrimination Act 1995.
2.7 KEEPING RECORDS
It is important to keep written records of all stages of the retirement procedure for
future reference.
Records must include:
NIFRS Letter notifying retirement date;
SC 99 - written employees request;
Notes and record of meetings;
Management Recommendations;
Decision taken;
If an appeal was lodged;
The outcome of any appeal
Records should be kept in accordance with NIFRS Data Protection Policy and
kept no longer than necessary.
Retirement Policy & Procedure
POL-021 (v1.0)

APPENDIX 1
RETIREMENT PROCEDURE (FLOWCHART)
Non Uniform and Control Staff
Normal Retirement Age (65)
Uniform Staff Normal Retirement Age (60).
Senior Clerk (Recruitment & Services) will
notify employees 9 months before their
Intended Retirement Date (IRD) of the
right to request working beyond this date
(in writing).
Employee must notify their Line Manager
by completing SC 99 of their request to
work beyond the intended retirement date,
no earlier than 3 months after notification
from Recruitment & Services Unit.
The authorised manager must arrange a
meeting within a reasonable period,
normally 14 days of receipt of SC 99 and
remind employee of right to be
accompanied.
On receipt of management
recommendations the Area Commander or
PO Grade Head of Unit must consider the
request and seek advice from Human
Resources if necessary.
Agreeing to request?
Yes
No
Decision sanctioned by
Principal Officer or Director
Area Commander or PO
Grade Head of Unit confirm
decision in writing, informing
employee of right of appeal,
normally within 28 days.
Employee wishing to
appeal must write with
7 days of receiving
decision.
Area Commander or PO
Grade Head of Unit confirm
decision in writing, informing
employee of right of appeal,
normally within 28 days.
Employee continues in
employment.
Inform Senior Clerk
(Recruitment & Services) who
will repeat notification for new
intended retirement date,
unless the new date is less
than 6 months from IRD.
Principal Officer or
Director changes
decision.
Inform Senior Clerk
(Recruitment & Services) who
will write to advise employee
you intend to retire them on
the intended retirement date.
Yes
No
Confirm decision in
writing within 14 days
of receiving appeal.
The Principal Officer
or Director must
arrange a meeting
giving 7 days notice.
Confirm decision in
writing within 7 days
of receiving appeal.
Retirement Policy & Procedure
POL-021 (v1.0)

APPENDIX 2
AUTHORISED MANAGERS
The following table indicates the minimum level of management authorised to deal
with requests to work beyond retirement.
Retirement Meeting Decision Appeal Meeting
Group Commander
or
PO Grade
At District the District
Commander should
hold the meeting.
Area Commander
or
PO Grade Head
of Unit
Decisions to
progress the
retirement must
be sanctioned by
the relevant
Director.
Principal Officer
or
Director
Where the Chief Fire Officer has made the decision at a retirement meeting, i.e.,
where the retirement request has been raised by a Principal Officer or Director, the
Appeal will be conducted by a Member or Members of the NIFRS Board.
Where the Chief Fire Officer has been the authorised manager at a retirement
appeal there will be no further appeal.
Retirement Policy & Procedure
POL-021 (v1.0)

Enclosure B
MAIN GROUPS RELEVANT TO THE SECTION 75 CATEGORIES
CATEGORY
Religious belief
Political opinion
Racial group
Men & Women generally
Marital status
Age
Persons with a disability
Persons with
dependants
Sexual orientation
MAIN GROUPS
Protestants, Catholics, People of other Christian
denominations, people of non-Christian faiths, people
of no religious belief.
Unionists generally, Nationalists generally,
members/supporters of any political party.
White people, Chinese, Irish Travellers, Indians,
Pakistanis, Bangladeshis, Black Africans, Black
Caribbean people, people with mixed ethnic group.
Men (including boys), women (including girls), transgendered
people.
Married people, unmarried people, divorced or
separated people, widowed people.
For most purposes, the main categories are, children,
under 18, people ages between 18 - 65, and people
over 65. However, the definition of age groups will
need to be sensitive to the Draft Policy under
consideration.
Disability is defined as; A physical or mental
impairment, which has a substantial and long-term
adverse effect on a person’s ability to carry out normal
day-to-day activities as defined in Sections 1 and 2
and Schedules 1 and 2 of the Disability Discrimination
Act 1995.
Persons with personal responsibility for the care of a
child; persons with personal responsibility for the care
of a person with an incapacitating disability; persons
with personal responsibility for the care of a
dependant elderly person.
Heterosexuals, bisexuals, gays, lesbians.

Enclosure C
NIFRS Retirement Policy and Procedure Screening Consultation Questions
1. Do you have any particular need, experience, issue or priority in relation to the
Retirement Policy and Procedure?
2. Do you envisage any impacts for other individuals?
3. Is there an opportunity to better promote equality of opportunity or good relations
by altering the Retirement Policy and Procedure?