Submitted by SWFBU on
TO: ALL MEMBERS
Dear Brother/Sister
FOURTH PERIOD OF STRIKE ACTION AND A RESPONSE TO BRANDON LEWIS
As FBU members in England and Wales prepare to take further strike action they will be aware of the most recent open letter from the English Fire Minister, Brandon Lewis outlining his disappointment that we took strike action on the 1 and 4 November.
In this latest letter Mr Lewis recognises that members will be concerned that there is a lack of progress on the resolution to our current pension dispute. This concern is shared by the FBU negotiators and the Executive Council.
However, it is important to recognise that we are committed to reaching a negotiated settlement and have presented large amounts of evidence that support our case. Unfortunately, to-date we have not been presented with any proposal that addresses the various concerns we have raised.
The Minister attempts to shift the responsibility of resolving one of our key issues (No Job No Pension) onto the Fire Service National Employers. We have made it crystal clear on several occasions that our dispute is with the Government and the problems associated with this particular issue have arisen because they have imposed an unworkable Normal Pension Age despite overwhelming evidence showing it will create huge difficulties.
The Minister highlights the meetings that took place between the FBU and the National Employers in relation the concerns we have raised about the risk that some firefighters would face dismissal as they aged and their fitness declined.
At these meetings our Employers fully accepted that some firefighters may be in the position we described (i.e. facing capability dismissal). In these cases the Employers have made it clear that they would not (or could not) guarantee an unreduced pension as was guaranteed in the Scottish proposal. It was accepted by both sides that this did not provide the guarantee that we require to resolve this particular issue. It is unfortunate that Mr Lewis does not acknowledge the problems which have been fully accepted by the Employers.
In order try to make progress the union drafted (with legal advice) a simple pension regulation to be inserted into the 2015 scheme rules which would remove the discretion and ensure that a firefighter in the position we have described would either receive an unreduced pension or be redeployed within role.
A copy of this regulation was sent to Mr Lewis but unfortunately he is unwilling to progress this issue. Instead he is trying to overcome this issue by consulting on the proposed principles and then suggesting that they form part of the National Framework Document thereby becoming statutory guidance to Fire Authorities.
This suggestion has been considered by the FBU but, after careful consideration and legal advice, it is clear that it still does not provide the guarantee necessary. We have been clear with Ministers throughout these discussions that we require such a firm and robust guarantee. Based upon previous comments in correspondence to all firefighters, we had thought that Mr Lewis was willing to provide such a guarantee. Unfortunately, it appears that is not the case at this stage.
The National Framework Document provides guidance to Fire Authorities on policy matters. While they should pay due regard to it, it is not instructional and therefore would not provide the certainty which members are entitled to. A letter containing legal advice to National Officer, Sean Starbuck clarifying this will be made available on the FBU website www.fbu.org.uk.
The Fire Minister in this open letter claims that:
‘the working of these principles, along with robust management systems and existing employment law, will ensure that no conscientious firefighter will leave the service without access to a job or a pension after the age of 55’.
This wording however is very different to his previous open letter (20 August) where he stated that:
‘First, a retirement age of 60 does not mean the introduction of a national fitness test and dismissal if you fail a fitness test. That is not on the cards.’
It went on to say:
‘No fire and rescue authority will sack you just for failing a fitness test.’
And
‘If a firefighter falls below the expected level of fitness, they are provided with a personal fitness training programme and re-tested until they pass.’
Contrary to the earlier assurances, the CLG Fire Minister is now suggesting a firefighter aged 55 will have access to a job or a pension. However, the pension that the Fire Minister is suggesting is available will be significantly reduced – in some cases by 47.1%.
The impact of the reductions at this age is huge and would mean that a pension accessible in this situation will be reduced from the £19,600 suggested by Brandon Lewis to one around £9,000. This reduction and other associated issues are explained in the latest FBU briefing – Do firefighters get a generous pension? This is attached and also available on the FBU website.
Mr Lewis also claims that:
‘Dr Williams in his independent report found that 100 per cent of firefighters, following an appropriate exercise regime, should be able to maintain fitness to the age of 60’.
We have also produced a further FBU briefing to show why this is not accurate. The briefing (100% of firefighters are able to work to 60? Government puts public and firefighter safety at risk – attached and available at FBU website) explains that this claim completely misinterprets the evidence and attempts to suggest a fitness level which experts agree is inappropriate and which would significantly increase the risks faced by firefighters.
Mr Lewis suggests that his proposal on protected rights is generous. It is worth reiterating that these protected rights are also protected in all schemes as they relate to pension benefits that you have already purchased.
The FBU has been attempting to improve the transitional protection arrangements beyond the 10 years that Government is proposing. A significant number of firefighters are outside the proposed protection arrangements and quite rightfully feel that the pension agreement that they entered into has been simply ripped up and discarded. This is a key area of our dispute that remains unresolved.
The CLG Minister is suggesting that firefighters have seen lower increases in contributions than other public service pensions. This does not reflect the fact that the majority of FBU members were paying already 11% of salary in pension contributions before any increase was imposed. From April 2014 the majority of firefighters bringing home around £1,650 a month will be paying £340 in employee contributions. The Minister is simply ignoring our concerns that firefighters are being priced out of their schemes and that this in turn will affect their sustainability.
The Government has accused the FBU of walking away from negotiations. This is simply not the case and we have written to the Minister reaffirming our commitment to a negotiated settlement and offering to meet to discuss the ongoing dispute.
However the Minister has demonstrated his lack of commitment to reaching a resolution on this issue by removing the 19 June proposals which has moved the sides further apart. His justification for this is simply that FBU members would not agree to or endorse his proposals in full.
The pension campaign is dealing with complex issues. I thank all members for following these matters closely. We shall try to issue material as quickly as possible but also need to ensure reports are accurate and detailed.
Best wishes.
Yours fraternally
MATT WRACK
GENERAL SECRETARY
