Submitted by SWFBU on
29 October 2013
TO: ALL MEMBERS
Dear Brother/Sister
EXECUTIVE COUNCIL SCHEDULES TWO STRIKES AFTER CONFIRMATION THAT THERE IS NO GUARANTEE TO AVOID CAPABILITY DISMISSALS (NO JOB NO PENSION)
Cancellation of Strike Action
At its meeting on 18 October the Executive Council agreed to postpone the five hour strike scheduled for 19 October. This decision was made after consideration of all the facts and in order to allow the FBU negotiators the opportunity to fully explore an apparent significant shift in position from the Employers and DCLG on the issue of No Job No Pension. This shift in position became apparent during discussions on 17 October.
The union has always sought to negotiate to improve the situation wherever possible and it was felt that this was an extremely important issue to explore further. Negotiators were tasked with identifying whether that movement would be confirmed by means of clear and robust proposals that would guarantee that Firefighters would not be sacked if they were unable to maintain the necessary fitness requirements until age 60.
FBU Position on No Job No Pension
The union have always maintained that a significant number of Firefighters in their 50s would not be able to meet operational fitness standards and that the threat of them being sacked was a reality. This concern was expressed as long ago as 2005 when discussions took place on the introduction of the New Firefighters Pension Scheme (NFPS 2006). It was a key reason why the union opposed the introduction of that scheme.
The recent Government commissioned ‘Williams’ report also recognised this as a real danger and broadly confirmed many of the concerns raised by the union. This belief has been dismissed as scaremongering by Government, by Chief Fire Officers and by other organisations. It suited their purpose to try to portray the FBU as scaremongering which is clearly not the case. Our arguments have been based on hard evidence.
The CLG Fire Minister, Brandon Lewis has also made threats that if Firefighters took strike action they would face a worsening of proposals in relation to the pension scheme. Despite this provocation we have remained reasonable and allowed time for any genuine guarantee to materialise.
Recent Discussions and Developments
Immediately following the cancelled strike, meetings took place with the Fire Service Employers in order to attempt to address the issue of No Job No Pensions. At the same time it was made clear to Government that this was simply one element of our trade dispute among several.
At those discussions, the Fire Service Employers confirmed that they cannot (or will not) provide any robust guarantee that Firefighters who failed fitness tests due to ageing would not be dismissed on capability grounds. This has subsequently been confirmed in writing by the Employers, who are concerned that they would be required to meet the costs of any such early retirements. They (and Government) have argued that such cases would be tiny in number. It is difficult to see, therefore, why there should be any significant cost unless both other parties, in reality, understand that the concerns raised by the FBU are entirely correct and that large number of Firefighters might indeed be placed in such a position.
The Executive Council considered the reports from these discussions and, on the basis that no real progress had been made (even on this one issue), agreed to call for further strike action, as set out below.
Northern Ireland
Unlike the rest of the UK the Public Service Pension Bill is not yet law in Northern Ireland and the FBU has submitted an amendment to the proposed clause on the Normal Pension Age. This is the same amendment that was submitted when the Bill went through Westminster. Earlier this month the FBU made an oral presentation to a panel from the Department of Finance & Personnel. This verbal submission was supported by a substantial amount of evidence outlining why the NPA of 60 was unworkable. This board will now consider the evidence before the Bill progresses to the next stage. Members will be kept informed of any developments
Wales
Several meetings have taken place with the Minister responsible for Fire in Wales (Lesley Griffiths) and her team of civil servants. The FBU has also met with the Welsh First Minister (Carwyn Jones) and put our case directly to him. To-date however the Welsh Government has not presented an alternative position to that proposed by CLG.
The Latest Position
In circular 2013HOC0578MW – 23 October, I informed you that further information would be provided to officials from all Brigades, Regions and Sections at a meeting convened by the Executive Council on Friday 25 October 2013.
We reported to officials, as we are informing members now, that the Employers have not provided any guarantee on No Job No Pension. Further, we have identified that the viable solution is for a change to the pension regulations. This draft regulation (drafted by the FBU with legal advice) has now been sent to all parties.
The Brigade Officials meeting was a successful meeting and officials were informed of a number of decisions that the Executive Council had taken at its meeting earlier that morning.
These decisions were to call two periods of strike action:
• Friday 1 November 18:30 hrs – 23:00 hrs.
• Monday 4 November 06:00 hrs – 08:00 hrs.
We received a further letter from the DCLG Fire Minister on 23 October 2013. We also received a letter from the Employers and a further letter from the Fire Minister on 25 October 2013. These will be circulated as soon as possible along with our responses.
The meeting of FBU officials also heard reports about plans and arrangement being put in place in order to develop and build on our solid and effective strike action which took place on 25 September. These should include:
• Approaching all individuals within each service (including non-uniformed or temporary staff who may be asked to break our strike) to explain why we are forced to take strike action. They should be politely but firmly urged to support us and not to undermine any action we take.
• To build and develop arrangements for picketing on any future strike period. Guidance on this has been prepared and placed on the union’s website.
• To ensure arrangements are in place to explain our case to local communities, trade unions, and politicians. Petitions, leaflets and other material have been distributed to Branches.
• To ensure arrangements are in place for ensuring local members and officials are briefed on handling media issues. Further guidance will follow to local officials.
The Executive Council congratulates all members for the strength, unity and solidarity shown so far in our campaign and in our first period of strike action. We hope that Government will return to engage in serious negotiations and that further strike action can be avoided. However, they should be left in no illusion about the strength of feeling and the continuing determination of FBU members.
Best wishes.
Yours fraternally
MATT WRACK
GENERAL SECRETARY
