Report - Fire Brigades Union

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SECTION A — NATIONAL JOINT COUNCIL 63. An employee is entitled to take a reasonable amount of unpaid time off during his or her working hours in order to take action that is necessary to care for a dependant. Examples of such circumstances are: (1) To provide assistance on an occasion when a dependant falls ill, gives birth (this does not include taking time off after the birth to care for the child) or is injured or assaulted. (2) To make arrangements for the provision of care for a dependant who is ill or injured. (3) In consequence of the death of a dependant. (4) To deal with an incident that involves an employee’s child and which occurs unexpectedly in a period during which an educational establishment that the child attends is responsible for him or her. (5) To deal with unexpected termination or disruption of care arrangements. 64. Where time off is taken in any of the above circumstances the employee is required to inform the fire and rescue authority as soon as is reasonably practicable of the reason for, and anticipated length of, his or her absence. There may be exceptional circumstances where an employee returns to work before it is possible to contact the authority. In such cases, the authority should still be advised of the reason for absence on return. A13 Part-time workers (RDS) – terms and conditions settlement During 2010 work continued on finalising the details of the changes to the Grey Book arising from the successful legal challenge on behalf of members working the retained duty system to ensure parity in line with the part-time workers regulations and the compensation arrangements. The NJC issued two circulars on this matter, 02/2010 and 05/2010, on 13 April and 17 June respectively. The terms of the settlement were subject to revision during the year, some advantageous, some not so advantageous. Circular NJC/2/10 13 April 2010 Dear Sir/Madam PART-TIME WORKERS (PREVENTION OF LESS FAVOURABLE TREATMENT) REGULATIONS – FIRE BRIGADES UNION EMPLOYMENT TRIBUNAL CASES Settlement Negotiations 1. You will be aware that test cases in two authorities, Kent and Berkshire, were identified in 2001 under the above legislation. Those test cases have been subject to the Employment Tribunal, Employment Appeal Tribunal, Court of Appeal and House of Lords processes returning finally at the request of the House of Lords to the original Employment Tribunal again for re-consideration and determination. 2. The judgement of the Tribunal on that occasion was: (i) The Tribunal finds and declares that the Claimants were engaged in broadly similar work as their named comparators. (ii) The Claimants were treated less favourably than their named comparators in respect of access to pension rights and payment for sickness absence. (iii) The Respondent’s arguments of justification are dismissed. (iv) The Claimant’s claim for increased pay for additional responsibilities is adjourned for 8 weeks.” 3. The Tribunal indicated that it believed the parties should endeavour to reach a negotiated settlement. Following discussion within the respective Sides an approach was made to Tribunal to allow the parties time for those negotiations to take place. Tribunal’s current expectation is that the matter will be resolved by 1 May. 4. Following what has been an extremely complex negotiation we write to advise you that a settlement in respect of the terms and conditions aspect of the case has now been agreed in principle with the FBU. Key points of the ‘in principle’ settlement are outlined below: a. the compensation covers retained duty system employees employed for any part of the reference period, 1 July 2000 to 30 June 2009 b. the compensation payment is pro-rata to length of service, rank/role and level of cover based on a particular date - which for those holding employment status currently will be 30 June 2009. Cover pro-rata adjustment to be not less than 75% (which reflects the pay structure) c. maximum levels of payment – firefighter £675; leading firefighter/crew manager £700; watch manager/sub and station officers £725. Minimum payment of £150 d. in full settlement of the wide range of issues raised through this legislation: ● Sick leave ● Acting-up allowance ● Pay for public holidays ● End of course leave ● Trade union leave ● Overtime ● Spoiled meals allowance ● Removals/lodging allowance ● Recall to duty ● Payment during suspension ● Payment during maternity support leave ● Special leave ● All other claims or potential claims under the Part- Time Workers (Prevention of Less Favourable Treatment) Regulations arising from the 6th edition of the Scheme of Conditions of Service of the National Joint Council for Local Authority Fire and Rescue Services (and its predecessors) up to 30 June 2009. 26 FBU Annual Report 2011
SECTION A — NATIONAL JOINT COUNCIL ● In the case of those fire and rescue services that have introduced a local salary scheme since 1 July 2000, all other claims or potential claims under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations arising from the 6th edition of the Scheme of Conditions of Service of the National Joint Council for Local Authority Fire and Rescue Services (and its predecessors) and the local salary scheme up to 30 June 09. e. the exception to the above simple process will be those retained duty system employees who can evidence 9 or more months continuous non-injury related sickness absence during the reference period. In such cases individuals will be entitled to payment in accordance with a revised Grey Book sick pay calculation. 5. It is anticipated that formal agreement will be reached shortly. Authorities will be advised when this has occurred and should take no action in the interim. 6. Further information will also be provided at that time on how individual employees will be advised of the outcome as well as the mechanism to facilitate withdrawal of the remaining FBU cases that are currently stayed pending the outcome of these test cases. 7. The remaining aspect is that of pension scheme access, which is being handled by CLG. Both CLG and the FBU are mindful of the current timescale within which all negotiations relating to both aspects of these cases are due to be concluded as referred to in paragraph 3 above. Amendments to the Scheme of Conditions of Service (Grey Book) 8. A number of amendments need to be made to the Grey Book to reflect the requirements of the Regulations. The NJC is in the process of finalising that work, which has been carried out with the assistance of respective legal representatives. 9. Those amendments will also be issued shortly. Yours faithfully Tribunal, Employment Appeal Tribunal, Court of Appeal and House of Lords processes returning finally at the request of the House of Lords to the original Employment Tribunal again for re-consideration and determination. The Tribunal found in favour of the Fire Brigades Union and asked the parties to the case to endeavour to negotiate a settlement. 2. Circular NJC/2/10 advised that a settlement in respect of the terms and conditions aspect of the case has now been agreed in principle with the FBU. The key principles of that settlement were also contained in circular NJC/2/10. 3. Since then further discussion has continued to finalise the settlement. Whilst formal agreement has not yet been reached we write to advise you that it has now been decided to amend one of the key principles of the ‘in principle’ agreement. Given the complexity of the negotiations and the time it has taken to overcome the problems caused by such complexity the compensation reference period has been extended by one year to cover from 1 July 2000 to 30 June 2010 (previously 1 July 2000 to 30 June 2009). 4. As a consequence the proposed settlement figures will be amended as follows: Firefighter – £750 Crew manager/leading firefighter – £778 Watch manager/sub and station officers – £806 5. It is anticipated that formal agreement will be reached shortly. Authorities will be advised when this has occurred and should take no action in the interim 6. You are reminded that further information will also be provided at that time on how individual employees will be advised of the outcome as well as the mechanism to facilitate withdrawal of the remaining FBU cases that are currently stayed pending the outcome of these test cases. 7. The remaining aspect of the Employment Tribunal case is that of pension scheme access. This is being dealt with by CLG and the FBU. Yours faithfully SARAH MESSENGER Joint Secretaries MATT WRACK SARAH MESSENGER Joint Secretaries MATT WRACK Circular NJC/5/10 17 June 2010 Dear Sir/Madam PART-TIME WORKERS (PREVENTION OF LESS FAVOURABLE TREATMENT) REGULATIONS – FIRE BRIGADES UNION EMPLOYMENT TRIBUNAL CASES Settlement Negotiations 1. You will be aware that test cases in two authorities, Kent and Berkshire, were identified in 2001 under the above legislation. Those test cases have been subject to the Employment A14 National occupational standards On 24 February 2010, NJC circular 1/2010 was issued. This circular formally reported the changes to the firefighter rolemap agreed at the NJC at the end of 2009. Those changes were appended to the NJC circular (as appendices A and B) and are as reported in the executive council’s report 2009. NJC circular 1/2010 reads: FBU Annual Report 2011 27
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