Part-time Workers Settlement – Advice to Members Who Believe That The Offer Should be a Larger Amount

CIRCULAR 2012HOCO171AD
16 March 2012
TO:  ALL MEMBERSDear Brother / Sister

This circular contains information and advice to FBU members who believe there has been an error in the calculation of the Compensation Payment (offer) proposed to him/her by their Fire and Rescue Authority, as part of the settlement in respect of the successful Fire Brigades Union legal challenge to gain part-time status for Retained Firefighters.

If you are not an FBU member, then you need not read on. If you are a member of the RFU, you should contact your officials on how to proceed. If you are not a member of either the RFU or FBU, then you are more than welcome to contact our officials at the Regional or Brigade offices local to you, who will be able to advise you on how to join the FBU. The contact details can be found on the FBU website http://www.fbu.org.uk/ (Tab: “About us”> “FBU Local contacts”.)

REJECTING THE OFFERMembers who have received a letter containing details of their individual offer, or have accessed the dedicated website (http://www.retainedfirefighterclaims.org.uk/) to view their individual offer, and who believe the offer is wrong, should in all cases contact the fire rescue service with whom they currently/most recently worked as a retained firefighter.

Such members should supply to the fire and rescue service as many details as they can to assist the FRS. Members should also ensure that any verbal communication is immediately followed up in writing. The key information that should be supplied to fire and rescue services in writing is:-

FOR ALL

• Your surname, first and other forenames
• FBU Membership number (if known)
• National Insurance number
• Current address, including post code
• Previous address (if applicable – and certainly if you are claiming in respect of service with a different FRA)
• Contact telephone number (preferably one with an answer-phone)
• Period of service with current FRS
• Substantive Role (rank)
• Station you work/worked at

ADDITIONALLY, IF YOUR CLAIM IS IN RESPECT OF SICK LEAVE (A CONTINUOUS PERIOD OF 9 MONTHS OR MORE)

• Dates of sick leave
• Cause of sick leave
• Name of more senior officers/ managers that would be able to verify

IF YOUR CLAIM IS IN RESPECT OF AN INCORRECT CALCULATION

• Level of cover
• Date of joining service
• Date of leaving service (if applicable)

IF YOUR CLAIM IS IN RESPECT OF PREVIOUS EMPLOYMENT THAT HAS NOT BEEN ACCOUNTED FOR

• Name of any other FRS you worked for in the period 1 July 2000 – 30 June 2010 on a retained contract
• Last home address when working for another FRS
• Period of that service with another FRS – the more accurate the better
• Rank/role held in that period of service with another FRS
• Level of cover provided in that period of service with another FRS

The fire and rescue service should both acknowledge the communication and confirm whether they agree that the original offer was incorrect or not. Should, for any reason, a member not hear back from the fire and rescue service he/she should, on a precautionary basis, complete the special circumstances form and submit it along with supporting evidence in accordance with the advice, guidance and instructions that accompany the form.

Members who have contacted their and fire rescue service as above, and who do not receive an agreement from the fire and rescue service that the original claim is incorrect, must complete the “Non Standard  Circumstances” form and submit it, and must supply supporting evidence fully in accordance with the advice, guidance and instructions that accompany the form. You must not delay.

THE AGREEMENT ON COMPLETING THE NON-STANDARD CIRCUMSTANCES FORM  – ADVICE ON COMPLETING THE NON-STANDARD CIRCUMSTANCES FORM

The settlement agreement between the FBU and the employers states that there are three grounds on which an employee may dispute the offer:-

1. Where an individual Eligible Employee has had a continuous period of sickness absence within the Reference Period (excluding any period of paid sickness absence for illness or injury arising out of authorised duty pursuant to paragraph 11 of the 6^th edition of the Grey Book) which amounts to nine months or more; and/or 

   If an individual claims to have a period of continuous sickness absence of nine months during the period from 1 July 2000 to 30 June 2010 (“the Reference Period”) (excluding any period of paid sickness absence for illness or injury arising out of authorised duty pursuant to Section 5, part B, paragraph 11 of the 6th edition of the Grey Book), then she or he will need to provide the appropriate supporting documentation, confirming the continuous period of sickness absence in the form of either a report (or reports) from a medical practitioner, medical records evidencing the same, or Doctor’s Statements under the Statutory Sick Pay (Medical Evidence) Regulations 1985 covering the relevant periods. That supporting documentation should be sent to Popularis with the completed “Non-Standard Circumstances and Previous Employment” form attached to this letter.  Popularis will then forward this information to the FBU/Thompsons (as appropriate).  The FBU will then need to share that information with the employing FRA in order to process the claim.Any individual who claims that Non-Standard Circumstances or Previous Employment apply to them, and who does not therefore wish to accept the payment offered in full and final settlement of their claim, should complete and return the attached “Non-Standard Circumstances and Previous Employment” form, showing clearly why she or he contends that Non-Standard Circumstances apply to their claim.

2.  Where the individual is able to show that the way in which the Compensation Payment has been applied to the individual is incorrect; and/or 

   If an individual believes the information used to apply the Compensation Payment is incorrect, they should first seek to agree the information/seek clarification from their FRA as to the correct figures before using the Non-Standard Circumstances process. If agreement or clarification with the FRA cannot be achieved, the individual should complete and return the “Non-Standard Circumstances and Previous Employment” form.Any individual who claims that “Non-Standard Circumstances or Previous Employment” applies to them, and who does not therefore wish to accept the payment offered in full and final settlement of their claim, should complete and return the attached “Non-Standard Circumstances and Previous Employment” form, showing clearly why she or he contends that Non-Standard Circumstances apply to their claim.

3. If an Eligible Employee was employed by more than one FRA during the Reference Period and this has not been properly taken in to account in the original calculation. 

   Any individual who claims that “Non-Standard Circumstances or Previous Employment” applies to them, and who does not therefore wish to accept the payment offered in full and final settlement of their claim, should complete and return the attached “Non-Standard Circumstances and Previous Employment” form, showing clearly why she or he contends that Non-Standard Circumstances apply to their claim.If an Eligible Employee was employed by more than one FRA on a retained duty system during the Reference Period, the parties agree that, subject to either the current employing FRA providing information in accordance with clause 15 below, or the Eligible Employee providing documentary proof of his/her service with another FRA during the Reference Period, the Eligible Employee’s current employing FRA (or most recent employing FRA) will make a Compensation Payment which reflects all service under a retained duty system within the Reference Period.

ADVICE ON COMPLETING THE NON-STANDARD CIRCUMSTANCES FORM

1. I was on sick leave for a continuous period over 9 months in the reference period – should I take the offer or put in a Non Standard Circumstances claim on the basis of my sick leave?It isn’t possible to give you a definitive answer but it is possible to give you the information on which to make your decision.As you know the question for you to answer is:-   For you be able to make the claim you need to be able to evidence it. This is because an FRS needs to be able to justify its payment. More importantly, in some ways, if the FRS says “we don’t accept that Mr/Mrs/Miss/Ms X should get more cash”, then the leverage we would have with an employer is “it’s well-evidenced, if we have to take Mr/Mrs/Miss/Ms X’s claim to the ET as an individual case then you will lose”. So:-

   “Am I going to be able to make a claim that amounts to more than the offer?”

I.        It’s important from the outset that a special circumstances claim is sufficiently evidenced. Evidence requires “records”. If it isn’t, then it won’t be possible to progress it.

II.        To make a claim for sick pay under the agreement, the member must have had a continuous period of sick for 9 months or more – do you qualify according to this criterion?

III.        These records would take the form of doctor’s sick certificates that were submitted to the FRS, acknowledgements from the FRS, letters that the FRS may have written to you, in other words, to show:-

• written tangible evidence to show that you were sick
• written tangible evidence to show that the FRS was notified
• written tangible evidence to show the amount of sick pay paid by the employer for the period (from pay slips)
• written tangible evidence to show the amount of sick pay that you should have got (this will require pay slips)Do you have these records so that you qualify on this criterion?

IV.        Sick Pay for retained members:-

1. The sick pay provisions for the period 1 July 2000 – 25 August 2004 are contained in the 5^th edition of the Grey Book
2. The sick pay provisions for the period 26 August 2004 – 1 July 2010 are contained in 6^th edition promulgated on 26/8/04 via NJC Circular 05/04.To all intents and purposes both versions said the same thing:-

• Where an employee on the retained duty system is on authorised sick leave ‘full pay’ means the annual retainer and up to four weekly payments in a calendar year for routine training, development and maintenance sessions, subject to the production of a doctor’s statement.
• Where an employee on the retained duty system (or a volunteer carrying out  operational firefighting duties) is on authorised sick leave as a result of an illness or injury arising out of authorised duty, ‘full pay’ means the employee’s average weekly remuneration in the previous twelve weeks, taking all payments into account. Where the employee can provide  satisfactory evidence that, as a direct result of the illness or injury, he or she is suffering a financial loss in respect of his or her usual occupation, ‘full pay’ means the amount of the actual loss (including his or her average weekly remuneration from the fire and rescue authority in the previous twelve weeks) subject to the maximum basic weekly rate of an Area Manager.
• For the purpose of the paragraph above, ‘authorised duty’ includes occasions on which the employee (or volunteer) is responding directly and promptly to an emergency call. It shall not include travelling to the station for any other purpose. Where the fire and rescue authority is satisfied that the employee (or volunteer) has been injured as a  result of returning directly to his or her home or work immediately after attending the station in response to an emergency call, the authority may treat that journey as authorised duty. Any decision to regard such a journey as authorised duty shall concern only the question of calculating entitlement to sick pay. It shall not be regarded as determining whether the employee (or volunteer) was on duty for any other purpose.
• In no circumstances shall sick pay be calculated in such a way that, when added to SSP and IB receivable, it exceeds normal pay. In calculating ‘half pay’ any SSP or IB receivable shall be disregarded except where the resulting amount, when added to SSP or IB, exceeds normal pay.
• Widows and married women exercising their right to be excepted from the payment of National Insurance Contributions shall be deemed to be insured in their own right for all National Insurance benefits. (5^th edition only)
• An employee shall declare to the fire and rescue authority any entitlement to benefit related to his or her sickness

V.        What a member received in sick pay (and state benefits in relation to the sick leave) needs to be compared against what a retained firefighter should have been paid. That has been determined and is contained in the changes to the Grey Book (arising as an outcome of the FBU’s success in the courts.)

These provisions are effective from 1 July 2010 and were promulgated in NJC Circular 04/11. These are those new provisions:-

• Where an employee on the retained duty system is on authorised sick leave ‘full pay’ shall be calculated on a daily basis. Employees shall receive 1/7th of their average weekly wage per day. Weekly wage shall have the meaning given to it in Appendix C paragraph C.
• Where an employee on the retained duty system (or a volunteer carrying out operational firefighting duties) is on authorised sick leave as a result of an illness or injury arising out of authorised duty and can provide satisfactory evidence that, as a direct result of the illness or injury, he or she is suffering a financial loss in respect of his or her usual occupation, ‘full pay’ means the amount of the actual loss (including his or her average weekly wage as defined in Appendix C, paragraph C) subject to the maximum basic weekly rate of an Area Manager. 
• For employees on the retained duty system (or volunteers) and for the purposes of the paragraph above, ‘authorised duty’ includes occasions on which the employee (or volunteer) is responding directly and promptly to an emergency call. It shall not include travelling to the station for any other purpose. Where the fire and rescue authority is satisfied that the employee (or volunteer) has been injured as a result of returning directly to his or her home or work immediately after attending the station in response to an emergency call the authority may treat the journey as authorised duty. Any decision to regard such a journey as authorised duty shall concern only the question of calculating entitlement to sick pay. It shall not be regarded as determining whether the employee (or volunteer) was on duty for any other purpose.”
• In no circumstances shall sick pay be calculated in such a way that, when added to SSP and IB receivable, it exceeds normal pay. In calculating ‘half pay’ any SSP or IB receivable shall be disregarded except where the resulting amount, when added to SSP or IB, exceeds normal pay.
• An employee shall declare to the fire and rescue authority any entitlement to benefit related to his or her sickness.
• Appendix C paragraph C: For an employee working on the retained duty system where the “average weekly wage” (or “remuneration”) applies this shall mean the employee’s average weekly wage or remuneration in the previous 12 weeks excluding any week in which she or he has been on sick leave or received no pay. Where there has been an increase in the rates of fees or payments during that 12 week reference period, the new rate shall be used to make the calculation as if it applied throughout the reference period. Further, given that the annual retainer will continue to be paid during periods of paid sick leave or other paid authorised absences (subject to any reduction to half payment in accordance with Section 5, Part B, paragraph 10), payment of the retainer should be disregarded when calculating average weekly wage.

VI.        So essentially, the process you need to go through is this:-

1. Was I off sick for 9 months or more? If “yes” then proceed to 6b, if “no” then stop now.
2. Do I have records regarding my sickness and payments in my possession? If “yes” proceed to 6c, if “no2 then stop now.
3. By using your pay slips does:-the payment which should have been paid (see section 5 above) minus the payment which you did receive = more or less than your offer?

2. I believe the Compensation Payment (offer) proposed by my fire rescue service is incorrect – should I take the offer or put in a Non Standard Circumstances claim?

It isn’t possible to give you a definitive answer, but it is possible to give you the information on which to make your decision.

For you be able to make the claim, you need to be able to evidence it. This is because an FRS needs to be able to justify its payment. More importantly, in some ways, if the FRS says “we don’t accept that Mr/Mrs/Miss/Ms X should get more cash”, then the leverage we would have with an employer is “it’s well-evidenced, if we have to take Mr/Mrs/Miss/Ms X’s claim to the ET as an individual case then you will lose”. So:-

I.                   It’s important from the outset that a special circumstances claim is sufficiently evidenced. Evidence requires “records”. If it isn’t, then it won’t be possible to progress it.

II.                  To make a claim that the payment has been incorrectly calculated by the FRS under the agreement, the member must be able to evidence the claim with records or similar evidence which he/she is absolutely certain that he/she can provide.

III.                  The calculation for a period of service is based upon the following:-

The Compensation Payments:-

Firefighter                                                               £750

Leading Firefighter/Crew Manager                              £778

Sub-officer and Station Officer/Watch Managers           £806

The Compensation Payment shall be based on the individual Eligible Employee’s role as at 30 June 2010 (or, for Eligible Employees who were no longer employed as at that date, their rank/role held on the date of leaving service). The Compensation Payment shall also be applied pro-rata, against the Reference Period, to each Eligible Employee’s aggregated length of service based on total complete weeks. If the Eligible Employee performed less than full cover as at 30 June 2010 (or the date of leaving service, if earlier) the Compensation Payment shall be adjusted on a pro-rata basis to take account of the percentage of cover provided by each Eligible Employee on 30 June 2010 (or if they left prior to 30 June 2010, the level of cover they provided on their date of leaving service), but to not less than 75%.

The minimum total Compensation Payment to an Eligible Employee shall be not less than £150.

IV.                  Your “offer” letter will show the following elements which would have been used to calculate the Compensation Payment:-

i.          the length of service (in years and complete weeks) on the relevant retained contract in the reference period

ii.          your most recent rank/role in the reference period

iii.          your most recent “level of cover” in reference period

V.                   The records/other evidence to show that the payment has been incorrectly calculated for one or more of the relevant element(s) of (i)-(iii) above would take the form of:-

• written tangible evidence to show your length of service. Examples are your contract; letters confirming your employment; letters or memos during service which show your start date (or length of service up to a particular date); letters or memos from senior officers when you exited the service; letters or memos in connection with a J4 (injury) pension.
• and/or the start of a long list of colleagues, who would, if required, be able to testify when you joined and/or when you left.
• written tangible evidence to show that you held higher rank/role. Examples are pay slips; letters or memos confirming promotion; copies of letters or memos sent by senior officers to you indicating your rank/role.
• and/or the start of a long list of colleagues, who would, if required, be able to testify that you held the higher rank/role
• written tangible evidence to show your level of cover. Examples are your contract; letters or memos received during of service from senior officers which make reference to your level of cover.
• and/or the start of a long list of colleagues, who would, if required, be able to testify to the level of cover you provided.

Do you have these records/ “witnesses” so that you can show that you qualify on one or more of these criteria?

VI.                   If you believe you have substantive evidence that stands up to scrutiny then this will be a key factor in your decision. 

3. My offer doesn’t seem to contain all the periods of service on a retained contract that I performed for other fire rescue services during the reference period – should I take the offer or put in a Non Standard Circumstances claim?

It isn’t possible to give you a definitive answer but it is possible to give you the information on which to make your decision.

For you be able to make the claim you need to be able to evidence it. This is because an FRS needs to be able to justify its payment. More importantly, in some ways if the FRS says “we don’t accept that Mr/Mrs/Miss/Ms X should get more cash”, then the leverage we would have with an employer is “it’s well-evidenced, if we have to take Mr/Mrs/Miss/Ms X’s claim to the ET as an individual case then you will lose”. So:-

I.                   It’s important from the outset that a special circumstances claim is sufficiently evidenced. Evidence requires “records”. If it isn’t, then it won’t be possible to progress it.

II.                  To make a claim that the payment has been incorrectly calculated by the FRS under the agreement, the member must be able to evidence the claim with records of similar evidence which he/she is absolutely certain that he/she can provide.

III.                  The calculation for a period of service is based upon the following:-

The Compensation Payments:-

Firefighter                                                               £750

Leading Firefighter/Crew Manager                              £778

Sub-officer and Station Officer/Watch Managers           £806

The Compensation Payment shall be based on the individual Eligible Employee’s role as at 30 June 2010 (or, for Eligible Employees who were no longer employed as at that date, their rank/role held on the date of leaving service). The Compensation Payment shall also be applied pro-rata, against the Reference Period, to each Eligible Employee’s aggregated length of service based on total complete weeks. If the Eligible Employee performed less than full cover as at 30 June 2010 (or the date of leaving service, if earlier) the Compensation Payment shall be adjusted on a pro-rata basis to take account of the percentage of cover provided by each Eligible Employee on 30 June 2010 (or if they left prior to 30 June 2010 the level of cover they provided on their date of leaving service), but to not less than 75%.

The minimum total Compensation Payment to an Eligible Employee shall be not less than £150.

IV.                  Your “offer” letter will show the following elements which would have been used to calculate the Compensation Payment with your most recent employer:

i.               the length of service (in years and complete weeks) on the relevant retained contract in the reference period

ii.               your most recent rank/role in the reference period

iii.               your most recent “level of cover” in reference period

In addition, it should show “the length of service on a retained duty system with another FRS within the reference period”.

This should be aggregated into the compensation payment shown.

V.                   If it isn’t, the records/other evidence to show that the payment has been incorrectly calculated for one or more of the relevant element(s) of (i)-(iii) above would take the form of:-

• written tangible evidence to show your length of service. Examples are your contract; letters confirming your employment; letters or memos during of service which show your start date (or length of service up to a particular date); letters or memos from senior officers when you exited the service; letters or memos in connection with a J4 (injury) pension.
• and/or the start of a long list colleagues, who would, if required, be able to testify when you joined and/or when you left.
• written tangible evidence to show that you held higher rank/role. Examples are pay slips; letters or memos confirming promotion; copies of letters or memos sent by senior officers to you indicating your rank/role.
• and/or the start of a long list of colleagues, who would, if required, be able to testify that you held the higher rank/role.
• written tangible evidence to show your level of cover. Examples are your contract; letters or memos received during of service from senior officers which make reference to your level of cover.
• and/or the start of a long list colleagues, who would, if required, be able to testify to the level of cover you provided.

Do you have these records/“witnesses” so that you can show that you qualify on one or more of these criteria?

VI.        If you believe you have substantive evidence that stands up to scrutiny then this will be a key factor in your decision.

VII.        Bear in mind at all times that you will not be able to receive more than the amounts shown below (based upon your last held rank/role in the reference period:-

Firefighter                                                     £750

Leading Firefighter/Crew Manager                    £778

Sub-officer and Station Officer/Watch Managers  £806

I hope this letter assists you. The key points are:-

1. In the first instance contact your FRS and give them as much information as you can.
2. Make sure your claim and the FRS response is in writing
3. In any event use the non-standard circumstances form if you do not get a satisfactory response in writing early enough.
4. This can only be done in hard copy not on the website.
5. Make sure that you do not miss any deadlines.
6. Make sure that you are able to evidence your claim and make sure you include that evidence with your Non-Standard Circumstances form, else it will be rejected.

Best wishes.

Yours fraternally

ANDY DARK

Assistant General Secretary

Part-Time Workers – Incorrect Address

CIRCULAR 2012HOCO155AD
7 March 2012
TO:  ALL MEMBERS

Dear Brother / Sister

A number of members have contacted the Union to say that the address on their offer letter is wrong and/or they have noticed, when viewing the website, that the recorded address is wrong.

The probably reason is that the address held by the FRA is incorrect.

In any event, the action you should take is as follows :- 

1. Contact your FRS by telephone, followed up in writing. Hard copy and email is best, and you may wish to choose the wording supplied in Appendix 1, attached to this circular.
2. Send a copy of this letter to your FBU Brigade Officials.

I hope that this information will assist you.

Best wishes.

Yours fraternally

ANDY DARK

Assistant General Secretary

APPENDIX 1

SUGGESTED WORDING OF LETTER TO BE SENT TO THE FRS TO PROVIDE DETAILS OF YOUR CORRECT ADDRESS.

To xxxxxx Fire and Rescue Service

Aaaaa

Bbbb

Ccccc

Post code 

Dear xxxxxx

CORRECTION OF MY ADDRESS DETAILS

I have been able to confirm that xxxxxxx Fire and Rescue Service has made an offer in relation to the FBU part time workers settlement which has been processed by Popularis for the FBU.

I am aware that I should respond to the offer using the appropriate forms/ dedicated website and not by writing to you.

However, the address to which the offer was sent was incorrect.

Could the fire and rescue service please amend my records accordingly.

My details are: 

• Your surname, first and other forenames
• National Insurance number
• Pay number (if known)
• Current  CORRECT address, including post code
• Contact telephone number (preferably one with an answer-phone)
• Substantive Role (rank)

Could an acknowledgement of receipt of this letter please be sent to me at the address shown above or using email address ccccccccc@dddddddddddddd.

Yours sincerely

etc

Part-time workers settlement – what to do if you have not recieved a letter regarding your offer

CIRCULAR 2012HOCO154AD
7 March 2012
TO:  ALL MEMBERS

Dear Brother / Sister

Section 1. GENERAL INFORMATION

Since Monday 5 March 2012, many FBU members who undertake retained duties, will have been sent their offer letter in respect of the FBU negotiated settlement following the FBU legal victory in the Employment Tribunal.

The information regarding the offer and process for members making a decision on that offer can be found on the FBU website.  You should also be able to find this information on your FBU notice board.

Members who will be entitled to a payment fall into two broad groups :-

a)     “original claimants”, who are:-

• FBU members who held a distinct retained duties contract with a fire and rescue service, and
• had an ET1 claim submitted on their behalf by the FBU in the year 2000.

These members will be entitled to a payment whether still employed in a fire and rescue service or not, as long as they were still employed by the FRS on 1 July 2000.

b)     “eligible employees” – these are FBU members who :-

• hold a distinct retained duties contract and were still employed by a FRS on 30 June 2010, and who
• did not have an ET1 submitted to the ET in 2000.

For the avoidance of doubt, members working the day crewing system will not be entitled to a payment, unless they have, very unusually, two separate contracts in respect of (a) their cover during the day time, and (b) their ‘evening’ cover.  All known day crew contracts are singular,  so no payment is due.

Members performing wholetime/retained duties will be eligible for the period during which they have held a separate retained duties contract.  It is unlikely that there will be any ‘claimants’ in this category, as wholetime/retained duties were against FBU policy in the year 2000.

Members holding a separate retained contract will not be entitled to a payment if they are working in the Isle of Man, as the ET case does not apply in the Isle of Man.

As stated at the beginning of this circular, most FBU members who are either “claimants” or “eligible members” will have been sent details of the offer, in a letter sent on 5 March 2012

Some will not. This circular provides information to members who are :-

(a)  Entitled to a payment; and

(b)  Do not receive a letter containing an offer.

Section 1A    Categories of members/individuals not receiving any communication.

Fire and rescue service employees who do not receive a letter, but who match the criteria (a) and (b) in the paragraph above, will fall into one of the following categories :-

(i)           Individual did not have service between 1 July 2000 – 30 June 2010, and in the case of non-original claimants, ceased employment before 30 June 2010 and therefore will not be made an offer at any time.

(ii)         Individual is not an FBU member.  These individuals should seek assistance from their fire managers or representative body.

(iii)       Individual is an FBU member, but has not received a letter because the address recorded with their fire and rescue service is incorrect, and the letter has been sent to their ‘old’ address.

(iv)        Individual is an FBU member, but letter has been lost in the post.

(v)          Individual is an FBU member and is an “unmatched” member who will have been sent a form but may not have received it.

(vi)        Individual is an FBU member and is :-

• A dual claimant of FBU and RFU; or
• a dual member of FBU and RFU.

(vii)       Individual is an FBU member but is not on the claimant lists submitted to the ET and the FRS does not recognize him/her as an eligible employee, and has therefore not calculated an offer.

Section 2. ACTION TO BE TAKEN – USING THE WEBSITE

Section 2A    First essential steps

All FBU members who qualify for a payment from their FRS as an eligible employee or an original claimant must go to the dedicated website: www.retainedfirefighterclaims.org.uk

You should log in using your surname and National Insurance number, and membership number.

Please enter the details carefully in accordance with the online instructions.

Please do try all three of the options available on the dedicated website before seeking assistance elsewhere. The vast majority of members’ problems will be remedied by doing so.

This will assist members in categories (iii), (iv) and (v) above

Category (v) –“Unmatched” claimants

FBU circular 2012HOCOO43AD gave details of a situation which has been identified that it has not been possible, for whatever reason, to marry up the name of a member with a qualifying claimant record. In some cases this may be because a claim was submitted in error for a member who did not work retained duties in the reference period (1 July 2000- 30 June 2010).

Letters have been sent to the members seeking certain information. It doesn’t matter too much if you are one of these people and have not received the letter. You will be able to access the website (third option ie the one which says “I am a member of the FBU and need to confirm my details”.

Section 2B    “I have checked the website and I just don’t seem to be known to the ‘system’.”

This is likely to be because you are either a dual claimant or a dual eligible employee (category (vi) or your fire and rescue service has not identified you as qualifying.

Dual claimants

It has become apparent that a small number of fire and rescue service employees had ET1 forms submitted by themselves or on their behalf in year 2000, or thereafter by both the FBU and the RFU.

Dual eligible members

Popularis has been able to identify a small number of employees who are showing on the RFU and FBU membership databases.

Section 3. WHAT SHOULD I DO NOW?

Section 3A    Checking your status

Once you have carried out ALL the options on the website and have not located your offer/request for details, you will need to find out if you are:-

Group 1.             a dual claimant; or,

Group 2.             A dual eligible employee; or,

Group 3.             Not identified by your FRS as qualifying for a payment even though you meet the criteria.

You need to contact your Regional Office who will be able to assist. Please be aware, the Regional Office may refer you to another Official. This is not to give you “the runaround”. It is because Regional Officials will have made the best arrangements to suit local needs.

You will appreciate why it is so important for you to try to locate yourself via the website. Most of our Officials are not on full-time release. They work at fire stations and do their union duties in their own time. There are over 19000 FBU members and out of trade members who are entitled to an offer. Officials dealing with the matter locally will be overwhelmed if members simply opt to “call the union”. It is precisely for this reason that we have set up the dedicated website.

Our local Officials will only be able to identify if you are in one of three groups shown above.

Section 3B    What will happen to dual claimants and dual eligible employees?

We have written to all the unmatched members.  Like them, once arrangements have been made to deal with this issue you will be contacted and informed how to proceed. Like the “unmatched”, a new timetable will apply to you.

Section 3C    What will happen to members who are inaccurately unacknowledged by fire and rescue authorities as qualifying for a payment?

If you are a member that appears on no list whatsoever, then you will have to write to your fire and rescue service using the letter shown on Appendix A.

For the avoidance of doubt, the fire and rescue service which you should write to is that with which you hold a retained duties contract.

We strongly advise that:-

• You send the letter as hard copy and by email.
• You keep a copy.
• You send a copy to the FBU (at least two named brigade officials). The local officials will advise you off the details.

Section 4. Colleagues not in the FBU

You may find that colleagues of yours who are not in the FBU have received an offer as part of the FBU process sent by Popularis. This will be because they are on the FBU database. They are different people to those who have been identified as Dual Claimants or Dual Eligibles.

It is entirely up to them what they do with the letter but we will only act for FBU members. They should be aware that the RFU process is lagging behind the FBU process and payments will be made earlier to FBU members than anyone else. They are at liberty to accept the offer circulated as part of the FBU process but they are not obliged to. It is entirely up to them what they do with the offer letter.

The FBU will not process “special circumstances” cases for non-FBU members.

I hope that the information set out above used in conjunction with the previous circulars sent out on this matter has been of assistance.

Best wishes.

Yours fraternally

ANDY DARK

Assistant General Secretary

---

APPENDIX A

SUGGESTED WORDING OF LETTER TO BE SENT TO THE FRS ONCE YOU HAVE IDENTIFIED FOR CERTAIN THAT YOU HAVE NOT BEEN ACKNOWLEDGED BY YOUR FIRE AND RESCUE SERVICE

Dear xxxxxx

CLAIM UNDER THE TERMS OF THE AGREEMENT REACHED AT THE NJC IN RELATION TO THE PART TIME WORKERS (REGULATIONS) SETTLEMENT

I am a retained firefighter currently working for xxxxxx fire and rescue service. I can confirm that I was employed by a fire and rescue service during the period. I am therefore eligible for a payment under the agreement.

My enquiries suggest that an offer has not been made by xxxxxxx fire and rescue service. This letter registers my claim for a payment to be made.

My details are:

• Your surname, first and other forenames
• FBU Membership number (if known)
• National Insurance number
• Current address, including post code
• Previous address 1 (if applicable)
• Contact telephone number (preferably one with an answer-phone)
• Period of service with current FRS
• Substantive Role (rank)
• Name of any other FRS you worked for in the period 1 July 2000- 30 June 2010 (if applicable)
• Period of that service (rank/role does not need to be given for this service)

Yours sincerely

Part Time Workers Settlement: Main Date for Dispatch of Offer Letters: 5 March 2012

CIRCULAR 2012HOCO136AD
29 February 2012
TO:  ALL MEMBERSDear Brother/Sister

Further to previous circulars on the above matter, I am pleased to be able to confirm that having accounted for a number of difficulties that have been encountered, the confirmed date of dispatch for the bulk of offers will be going out on 5 March 2012. Attached to this bulletin is a copy of the NJC circular which explains the process. This bulletin (and the NJC circular) will be available on the FBU website.

At this stage members should read the NJC circular carefully as it contains full details of what members and fire authorities should do at the appropriate time. Most important of all, members should make sure that you meet the designated deadlines, provide information that is required, and make sure that your responses are sent to the designated address.

Members who wish to accept the offer made by their fire authority may do so by carrying out the steps indicated when accessing the following website:- http://www.retainedfirefighterclaims.org.uk/

Members can log on to the website using their FBU membership number and National Insurance number.

Members who wish to claim special circumstances may only do so by responding in writing, along with the supporting evidence. This must be done simultaneously within the deadline.

For the avoidance of doubt, as part of the settlement, the FBU negotiated that payment received by each member will not be adjusted (reduced) for tax or National Insurance contributions.

I will circulate at least one more All Members circular which will contain advice on what to do if you do not receive an offer letter. Please keep an eye on the FBU notice board and the FBU website.

On behalf of myself, Head Office, and more importantly the Executive Council, I wish to thank all affected members for your patience in this matter.

Best wishes.

Yours fraternally

ANDY DARK
Assistant General Secretary
AD/jh

Part-Time Workers Settlement – Update 20 January 2012

CIRCULAR 2012HOCOO43AD
20 January 2012
TO:  ALL MEMBERS

Dear Brother / Sister

Further to my previous circular 2012HOC0015AD dated 11 January 2012, this circular provides a clarification on the current state of play.

There are several thousand FBU members who will be receiving a claim.  We still appear to be on course to send these letters containing details of the individual offer of settlement on 26 January 2012.

There is however a group of 1900 members who we have written to separately at their last known address.

You may be one of those 1900 members, or you may have spoken to one of them.

You/they have received a letter, with a form, which needs to be completed as soon as possible.  If you haven’t received a letter, that is because you are one of the majority of members who have been recognised by fire authorities within their data files.  It does not mean that you have been forgotten.  A number of members have contacted Popularis and/or the FBU.  As you will see from the above, this is not necessary.  This is a glitch which can be remedied once we receive the completed form from those members.  Further circulars will be issued by Head Office in due course, when the dispatch of offer letters for the majority is imminent.

Members should keep an eye out for letters which have (or will be) sent to your last known home address; the FBU notice board in your workplace and of course, the FBU website.

Best wishes.

Yours fraternally

ANDY DARK
Assistant General Secretary
AD/jh

Hands off our Pension Campaign – Access to Modified Pension Scheme: Steps to Address Full Access to Pension Rights

CIRCULAR 2012HOC0027MW                                                                         
12^thJanuary 2012
TO:  ALL RETAINED MEMBERS (Home Addresses)

Dear Brother/Sister,

I am sure that you are aware of the long running campaign by the FBU to ensure that eligible firefighters working the retained duty system can join the modified pension scheme. This modified scheme gives eligible firefighters the range of benefits contained in the 1992 Firefighters’ Pension Scheme within a structure outlined in the 2006 New Firefighters’ Pension Scheme.

The delays in resolving this process have been hugely frustrating for RDS members of the FBU, and we have made sure that government officials and Ministers are fully aware of the level of anger that this has caused. This anger is exacerbated by the fact that the UK Government seems to be able to find adequate time and resources in order to attack and reduce the pensions of public sector workers. Unfortunately, when it comes to implementing improvements required following a clear legal ruling, they have delayed and delayed and delayed.

The FBU has been pressing government to produce and enact the appropriate legislation that allows the scheme to be introduced. Last year we had to threaten further legal action because of the seemingly endless delays. As a result of this and of raising the matter directly with the English Fire Minister Bob Neill, we received an assurance that the appropriate legislation would be developed to make the introduction of this scheme by April 2012 a reality.

Over the last few weeks the FBU and our legal team have been working with representatives from the Department of Communities and Local Government (CLG) and their legal team to ensure that this is progressed and that the legislation recognises all the elements and benefits that have been agreed. The FBU has been constantly pressing CLG to make certain that they adhere to this April 2012 timescale, and we have committed resources to assist wherever necessary. Although the work is progressing, the FBU remains concerned that this issue is not being dealt with as a priority by government who has concentrated their main resources on attacking the scheme benefits before individuals are given the opportunity to even join.

Hard won pension rights under attack

It is ironic and disgraceful that just at the very moment when we are on the verge of finally incorporating the pension rights won after a long legal battle, the Government is pressing ahead at great speed with proposals which will undermine those rights. If government gets its way with its proposals, these attacks will mean that before you get a chance to join the modified scheme government will have;

• Increased future contributions rates;
• Raised the future Normal Pension Age;
• Substantially worsened future accrual rates;
• Dramatically reduced the future commutation factors meaning less of a lump sum available;
• Raised the future deferred pension age from 60 to state pension age;
• Changed the future scheme design from final salary to career average.

The FBU is continuing to oppose these attacks and defending fire service pensions. It is important that the benefits we have all won after a lengthy legal challenge are not worsened by these government proposals.

The pension discussions are moving at a pace and it is important that you and your branch are aware of the current position. Please ensure that you are up to speed with developments by reading the circulars, bulletins and visiting the FBU website www.fbu.org.uk

Best wishes.

Yours fraternally,

MATT WRACK
General Secretary                                                                                                      
MW/SS/JW

Part-Time Workers Pay and Conditions Settlement: Update 11 January 2012

Election Of NRC National Chair

Misleading claims over compensation payments to retained firefighters

MEDIA RELEASE

The Fire Brigades Union says it is concerned over misleading claims about compensation payments to retained firefighters. Some of the reported details – that the payments are £700 to each retained firefighter – is certainly wrong.

The payments, which have still not been finalised, are a result of a landmark legal case taken to the House of Lords by the Fire Brigades Union, which was won in 2006, not last year as reported. No other union was connected with the case – known as the ‘Mathews’ case, after the Kent firefighter and FBU member who was the leading test case.

The payments are still being finalised nationally, with the starting point being £150 and only in some cases rising to £700. The ‘union’ being connected in reports with this case has never had any connection with the legal action which may explain the mis-reporting.

FBU Regional secretary Adrian Clarke: “The claims being made about these compensation payments are wrong and will mislead retained firefighters and the public. This is the result of a long-running legal battle won by the FBU at the House of Lords in 2006 and then at a later tribunal.

“The figure of around £700 is wrong. The range of compensation payments start at £150 and in some cases may rise to £700, but not every current retained firefighter is entitled to the payments.

“Each individual payment is being calculated on a case by case basis. Fire authorities are setting aside money to pay compensation for their previous unlawful actions but the actual cost will not be known until the calculations are finished.”

***ENDS***

Contact:

Adrian Clarke 07917 017 713