Judgment in Pensionable Pay Case – Norman v Cheshire FRS
CIRCULAR 2012HOCO062SS
26thJanuary 2012
TO: BRIGADE SECRETARIES
Cc All Officials
Dear Brother/Sister,
You may be aware of the legal case ‘Norman v Cheshire FRS’ which surrounded the issue of pensionable pay and the interpretation of Rule G1 of the 1992 Firefighters’ Pension Scheme. This case was heard on 18 & 19 October 2011 and the Judgment was handed to the FBU late in December 2011. This Judgment was subject to appeal so could not be shared at that time.
This position has now been clarified and we can report that although Cheshire FRS were given leave to appeal this will not be progressed. The Judgment has now been attached for your information.
Brief summary of the Judgment
Mr Justice Andrew Smith ruled in favour of the position presented by Anthony White QC on behalf of Mr Norman.
In essence this decision clarifies that the Union’s interpretation of Rule G1 was correct and that the consolidated pay received by Firefighters working the Day Crewing system in Cheshire falls within the meaning of pensionable pay. In addition to this the decision said that flexible duty pay payable to Officers working the Flexible Duty System and London Weighting is pensionable.
Token gesturing from other so called representatives
You may also be aware that the Fire Officers Association has lodged a trade dispute which includes an element challenging the decision to ‘Alter the pensionable status of The Flexible Duty Supplement associated with the Flexible Duty System’ and presented a paper ‘Proposed Amendment to Firefighters’ Pension Schemes Rule G1, Pensionable pay and average pensionable pay: Treatment of Flexible Duty Supplement’ to the 43rd Firefighters Pension Committee.
We have reported our legal challenge and its potential implications on numerous occasions to members of the Firefighter Pension Committee as well as raising several concerns about how pensionable pay is being dealt with throughout the UK fire and rescue service. What is comical is that at the 11th hour FOA felt that they were representing officer members by lodging what can best be described as token gestures which have now been rendered totally irrelevant by the legal action taken by the FBU. If people needed proof that we are the only organisation representing officers in the fire service this is another example.
What is even more astounding is that when the ‘Norman v Cheshire FRS’ was mentioned at the 43rd FPC other organisations had no idea of what it meant.
What is absolutely clear is that it is the FBU, through this Judgment, that has clarified the position on pensionable pay for flexible duty and we should use this information to remind people that we are the real voice of the professionals in the fire service.
Next steps
There are far reaching consequences from the ruling which will need to be explored in detail over the coming weeks and Executive Council Members will be discussing this at the meeting in February. You will of course receive further information as it becomes available.
Yours fraternally,
SEAN STARBUCK
National Officer
SS/EMH
