11 December 2008
RDS future in doubt unless the UK Opt-Out remains

Discussions took place yesterday (10th December) with Department for Business Enterprise and Regulatory Reform (BERR) the UK lead Department for the WTD where we made representations, seeking to ensure that the potential impact on RDS is brought to their attention.

The RFU has today written to all MEPs over our concerns regarding the need for the existing UK Opt-Out to be retained within the Working Time Directive. MEPs and EU Member States will vote on whether to retain the Opt-Out in the European Parliament on the 17th December.

Whilst we are aware the TUC fully supports the removal of the Opt-Out and that it has a right to represent its members wishes, we also have a right to represent our member's wishes and that is to continue to work as we do within the RDS with all the benefits it provides within the community. We will fight for the right for our members to have the choice they obviously want in providing this vital emergency service.

Copy of our letter to MEPs enclosed

RFU
Firefighter House
Station Road
Attleborough
Norfolk NR17 2AS
t: 01953 455005
f: 01953 454760
www.rfuonline.co.uk
e: office@rfuonline.co.uk
John Barton: National General Secretary

Dear MEP

URGENT: Working Time

I am the General Secretary of the Retained Firefighters Union (RFU) and I represent our 4,000 members who are retained (part-time) duty system (RDS) firefighters and employed by local authority fire and rescue services in the UK. I am writing to make representations on their behalf in view of the forthcoming debate on amending Directive 2003/88/EC on the organisation of working time on the 17th December 2008.

Of the 67,951 personal employed within the UK Fire and rescue Service, 18,827 work on a retained basis, covering almost two thirds of UK Fire Stations. Actual UK landmass covered by the RDS equates to 91%.

Given the immense contribution to emergency response provided by RDS, we see it as vitally important to maintain the opt-out, as without it, the very future of the retained duty system would be placed at great risk because this duty system would no longer be viable. Without the significant contribution of the RDS the fabric and function of the UK Fire and Rescue Service as we know it would collapse overnight.

Alternatives to the opt-out would not be sufficient. For example, without a shadow of a doubt the 12 month reference period will place huge difficulties on any employee serving in the RDS. Almost all RDS fire fighters have some form of primary employment (which in itself averages 40 hours per week) adding 2 hours training time and a minimum of 2 calls per week together would easily exceed the 48 hour period on a regular basis.

No-one forces us to spend our spare time in this way; we regard ourselves as paid volunteers. We join the service by choice only too aware of the manner in which an RDS station functions, in many cases sons and daughters follow their fathers into the service. In terms of tiredness and fatigue, this is managed at station level, teamwork and supporting one another is uppermost, we manage it ourselves using common sense. We see ourselves as paid volunteers and an essential part of the local communities we serve. We do it because we want to not because we have to.

Unlike others in Europe who are treated on a purely volunteer basis, RDS in the UK are paid a retainer fee, sick pay, have pensions and paid leave and are also paid when responding to incidents or carrying out training, a minimum of two hours per week. In essence they are treated as part-time employees so benefit from the entire UK labour regulatory framework, which of course includes the Working Time Directive.

The local risk profile dictates the way in which a fire station is crewed, the majority of RDS crewed stations are outside of the major conurbations and as RDS staff are not primarily employed by the fire authority they therefore need a primary occupation as their main source of income. In rural areas the expectations in terms of wages is such that many out of necessity use the income they receive as firefighters to supplement their income. These sums are determined by the frequency of emergency calls responded to and range from £5k to £15k per annum. Whilst on calls they lose income from their primary employment therefore should the opt be removed and they be dismissed, the impact on their combined earnings would be immense

By its very nature the provision of an emergency service within a rural or remote community is viewed as extremely beneficial, very often small communities who may not have a police station, school, local store or other amenity look upon the firefighters as ‘their firefighters’ to the extent that they are looked upon as unsung heroes who are prepared to put their work and social time aside to protect or indeed rescue their friends and neighbours from fire flood and other dangers.

To summarise, RDS personnel provide a vital and tangible contribution to the safety of the public in the areas they serve. Our members are extremely concerned that the EU will ‘legislate their jobs away’ with dire consequences for the communities they are committed to serving. Like them I am at a loss to see why legislation is proposed to take away freedom of choice. It is obvious to me that the general public who so value their RDS firefighters will be equally alarmed and could well register their dissatisfaction in any future elections.

Yours sincerely

John Barton
National General Secretary