Submitted by SWFBU on
To: ALL MEMBERS (ENGLAND AND WALES) – NOT CONTROL MEMBERS
Dear Member,
Pension campaign – four day strike called
At a meeting on 24 October the Executive Council agreed in respect of England and Wales:
· Current action short of strike to continue in Wales until further notice.
· Strike action in England (not Control) from 18:00 hrs on 31st October 2014 to 18:00 hrs on 4 November 2014.
· Current action short of strike to continue in England until 18:00 hrs on 31st October 2014.
· Action short of strike to resume in England from 18:00 hrs on 4 November 2014.
Further advice will follow about action short of strike from 4 November 2014.
This circular explains recent developments and why this action has been called.
No revised proposals from DCLG – pension attack continues
FBU members will be aware that the union has presented large quantities of professional evidence to demonstrate that the government proposals do not take account of the real operational demands of the firefighter’s occupation and the standards which are required as a result. We have also clearly set out our opposition at the outrageous robbery of the existing pension rights of members who have paid into an occupational pension scheme since joining the Service. Despite this opposition we have attempted to negotiate in good faith and have taken up every opportunity to make our case and to seek changes to the government’s proposed and unworkable scheme.
Following strike action in August a meeting with the DCLG Fire Minister, Penny Mordaunt, appeared to open the possibility for movement on a number of key issues.
· Firstly, the Minister acknowledged to FBU negotiators that some firefighters may not be able to remain operational until the Normal Pension Age of 60. This was the first time a DCLG Minister had acknowledged this fact in any meeting during the past three years of talks.
· Secondly, the Minister, at a subsequent meeting, informed FBU negotiators that she would be able to deliver a pension regulation which would protect firefighters from the threat of capability dismissals arising from an age-related decline in fitness after age 55. The FBU has been arguing for this improvement for many months as a mechanism to address one of our concerns. This approach had previously been completely rejected by DCLG Ministers.
o As part of this process, FBU negotiators were asked to provide draft wordings for a regulation and to make arrangements for lawyers from each side to discuss the detail of the proposal and how it might fit within wider pension regulations.
o In a further signal that these concerns were apparently being taken seriously, the Minister also asked to meet representatives of women firefighters through the FBU National Women’s Committee. This meeting took place and two national FBU women officials (both operational firefighters) set out very clearly the key concerns of all firefighters (men and women) regarding fitness standards and ageing. In addition they set out the further risks to women firefighters.
• Thirdly, the Minister agreed to reconsider and re-examine other key issues which had also previously been ruled out. This included the important issue of transitional protection for members of the 1992 scheme. She acknowledged the anger of firefighters on this issue and agreed to look again at whether improvements could be made. Again, this was the first time in many months a Minister had even been willing to discuss this issue.
• Fourthly, the Minister and her team confirmed that they were seriously considering the issue of revised actuarial reductions and major technical challenges to the DCLG calculations which had been raised by the FBU. It is important that members are aware of the importance of this issue. Changes to the proposed actuarial reductions would benefit all pension scheme members seeking to retire before the age of 60. This has been a key aim for the FBU throughout our campaign as we have never accepted that firefighters in large numbers will be able to work operationally until 60 or beyond.
• In addition, the Minister repeatedly delayed the laying of pension regulations, so as to allow discussions, legal consideration and internal government dialogue to conclude.
FBU negotiators have always conducted negotiations honestly and in good faith. Despite reservations, and without any illusions in DCLG, the Executive Council felt it was essential to follow up the offer of further dialogue on these key issues. The Executive Council is clear that it is essential for our negotiators to explore any and every possibility of improvement in relation to the current attacks on our members’ pensions. To do anything else would be a serious failing of responsibility to our members.
In addition to the assurances given to FBU negotiators, the DCLG Fire Minister assured firefighters in face-to-face meetings and in various open letters that she was seeking to deliver “the best deal possible for firefighters and to resolve this dispute” (Open letter to Firefighters 22 August 2014.) In view of the fact that Brandon Lewis had previously stated that discussions were concluded and that he simply intended to proceed with the existing proposals, Penny Mordaunt’s statement could only be interpreted as an indication that she was now willing to consider alternatives to the proposals Brandon Lewis had announced.
Meeting with DCLG 22 October
After numerous delays, a meeting was scheduled for Wednesday 22 October to hear the outcome of these various strands of work and the considerations within government. However, despite all the assurances given about seeking to deliver the “best deal possible for firefighters,” the Minister informed FBU negotiators that there would be no revision of government proposals on any of the issues discussed. The “best possible deal” was to be exactly the same as that set out months ago by Brandon Lewis. She informed the FBU that she would now proceed with the laying of pension regulations.
Instead of setting out revised pension proposals, the Minister stated that she was keen to address the concerns of the FBU and of firefighters regarding fitness and capability and intended to do this by means of a public consultation over an addition/amendment to the National Framework. She and her team claimed that this would provide the assurances that firefighters were seeking on this issue.
FBU members will be well aware that this particular issue has been discussed before - and at great length. The FBU and our legal advisors have exposed very clearly and carefully that the claims of DCLG on this issue are entirely hollow. Advice, guidance or instruction issued under the National Framework will not provide the protection we seek for our members facing a decline in fitness due to age and the risk of capability dismissal which arises from this.
Further strike action – stand together
While debating these issues, the Executive Council heard reports from across the union of the anger and outrage of firefighters at the outcome of this meeting. It is unclear what precisely has happened over the past four weeks within government or exactly who in government has taken the key decisions. However, what is clear is that this government as a whole does not have the slightest concern for the wellbeing of firefighters, or for firefighters’ families or for the future of our Fire and Rescue Service itself.
All the nice words from government Ministers in open letters or made on visits to fire stations cannot avoid the fact that this government is robbing firefighters – and other workers - of their pension rights and is trying to force through a pension scheme which does not take account of the real demands of our Service. It always was - and it remains – an utter outrage. It was on the basis of this assessment that further strike action was called and that this involved a serious escalation.
Developments elsewhere; Wales, Scotland and Northern Ireland
While meetings with DCLG have been underway, FBU officials have also been meeting with representatives of the Welsh government in relation to their pension proposals. The Welsh Fire Minister wrote to the FBU on Thursday 23 October confirming that they would shortly begin public consultation on a 2015 pension scheme which contained an improved position in relation to retirement options from age 55. This could be a significant improvement and would potentially affect a large number of scheme members. The Executive Council acknowledged that the response of the Welsh government had been entirely different to that from DCLG and agreed that this should be explored fully and that Welsh firefighters should be exempted from strike action on this occasion. This decision was taken in order to allow these important discussions to take place.
Members in Northern Ireland have voted overwhelmingly to accept the Northern Ireland proposed pension scheme which includes a Normal Pension Age of 55. Members were briefed on these proposals with information which addressed both the positives and negatives of the offer.
The FBU has also been discussing the Scottish pension proposals with civil servants from Scotland and have highlighted a further area where improvements could be made. Scottish government Ministers have been considering this potential improvement and are expected to provide an answer shortly.
The fact that firefighter pensions are a devolved matter has undoubtedly complicated the union’s campaign. The union’s aim is to achieve pension arrangements for all members which are the same or as similar as possible. The political reality is that these matters are devolved and there is simply no way of avoiding the separate negotiations which have been underway throughout. In these circumstances, however, it is of very great significance that of the four governments dealing with firefighter pensions, three have now adopted a different approach to that taken by DCLG. The Executive Council is clear that this situation must be used to add political leverage to our campaign against DCLG.
Legal challenges
As part of our campaign we are also considering legal challenges in relation to the government’s pension proposals. The union has already submitted two pre-action letters relating to the actuarial reductions that a firefighter would suffer if they were to retire earlier than 60. Undoubtedly this legal threat played a part in the reintroduction of the ‘June 19’ proposal of a 21.8% reduction instead of the initial 47.1% reduction. The Fire Minister at the time, Brandon Lewis, removed the June 19 proposal to ‘punish’ firefighters for taking action in November 2013 but surprisingly reintroduced it only days after our pre-action letter was submitted.
The FBU remains convinced that the June 19 proposal still does not adequately address this area of concern. Therefore we have developed a legal argument to challenge this. The precise timing of this challenge depends on the actions which the government takes next. It is also clear that this factor was a key element in the recent delays by DCLG.
Members can be assured that we will submit this challenge as soon as we are advised we can do so.
We also continue to discuss with lawyers other potential legal challenges. We will proceed with any such challenge as and when we can. Members will appreciate that we cannot set out in circulars the details of all legal advice received. Nevertheless, we remain determined to mount whatever legal challenges we can to the attacks on our pensions.
Next steps – what you can do
The next steps will involve ensuring that we maximise the opposition to the pension regulations when they are laid in Parliament. This will involve lobbying your MPs and trying to get them to oppose the passage of these regulations. The FBU is preparing letters and advice to assist you with this. This will shortly be available on the FBU website www.fbu.org.uk.
Key points
• The FBU will use all means at our disposals to continue to campaign against these attacks. That means industrial, legal and political.
• Successful industrial action is essential – so are the other aspects. Our aim is to convince politicians to change direction. That means maximising pressure by every means at our disposal.
Strike action
• Build active and lively picket lines. Use the opportunity to take our message to the public. Public support is absolutely important in this campaign; for political pressure, for building our profile and for financial support.
• Use strike action as an opportunity to ask local politicians to attend fire stations and hear our case directly.
• Build local marches/petitioning events and other publicity events. Contact local newspapers and radio stations.
• FBU branch officials cannot do all these things by themselves. All members should be involved.
Political lobbying
• The FBU will be taking steps to ensure the DCLG regulations are opposed in Parliament. Details of lobbying around this will be available on the FBU website.
• Demand that your local MP supports the FBU opposition in Parliament.
• Demand that Labour MP’s call on the Labour leadership to support this campaign.
• Make contact with local trade unions and workplaces, with trade councils, tenants and community groups and with student unions.
Hardship Funds
• Many Brigade Committees have already established Hardship Funds. Further advice will be issued about these.
• Branches should now step up the collection of funds for cases of hardship. Financial support is an essential part of trade union solidarity. Members should have no hesitation in seeking support.
• Financial support should be sought from other trade unions, trades councils and other local community groups.
• In addition, the Executive Council has agreed to campaign among members who have not taken strike action (primarily in Northern Ireland, Scotland and in Controls) to encourage the systematic levying of financial support.
• Brigade Committees should give urgent thought to how financial support can be allocated and distributed.
Stand Together
This was always going to be a long and hard fight. It is against a government intent on attacking public service pensions alongside its wider attack in public services and those who work in them. Nevertheless, you have shown immense strength and solidarity throughout the past fourteen months. We continue to fight using all the weapons at our disposal. But none of it would - or will - be possible without the remarkable unity and determination of FBU members.
Best wishes.
Yours fraternally
MATTWRACK
GENERAL SECRETARY
