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Dear Member
Part-time
workers cases
As you will be aware
the RFU has been at the forefront of pushing forward the agenda
of recognising Retained personnel as ‘Part-time’
workers following the Part Time Workers Less Favourable Treatment
Regulations (PTWLFT) came into force in July 2000.
We were the first
union within the Fire Service to submit Employment Tribunal
applications on behalf of our members identifying the exclusion
from the Fireman’s Pension Scheme (FPS) and 12 other
points of less favourable treatment, namely:
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(i) |
sick leave; |
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(ii) |
increased pay for additional
responsibilities; |
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(iii) |
spoilt meals allowance; |
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(iv) |
removal and lodgings allowance; |
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(v) |
recall to duty pay at
double time; |
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(vi) |
payment during suspension; |
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(vii) |
medical charges and expenditure; |
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(viii) |
reimbursement for use
of privately owned vehicles on official duty; |
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(ix) |
pay during maternity support
leave; |
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(x) |
special leave; |
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(xi) |
public holiday leave:
and |
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(xii) |
long service leave. |
However, our applications
remained ‘stayed’ (pending) whilst another union’s
application was heard which covered only 3 items of less favourable
treatment, known as the ‘Matthews’ case.
Victory was partially
achieved for all Retained Duty System personnel in
March 2007 via a House of Lords ruling which found in part
for RDS employees and referred the matter back to the original
Employment Tribunal for further consideration. Tribunal then
found in favour of RDS employees and the subsequent negotiations
on changes to the Grey Book and financial settlement are drawing
to a close, albeit the mechanics of implementing these negotiations
have yet to be determined.
In an effort to
release as much information as possible we can confirm that
following a number of negotiating meetings with Employer representatives
over this time the following potential settlement has been
identified:
The reference period
upon which a settlement will be based is 1 July 2000 - 30
June 2010.
The maximum compensation
payable will be:
-
Firefighter
- £750
-
Crew Manager
- £778
-
Watch Manager
- £806
The above figures
will take into account all the areas above previously identified
as less favourable treatment. Personnel providing three-quarter
cover will receive a 75% award and anyone who has not been
employed for the duration of the reference period will receive
a pro-rata payment, however, the minimum payment will be £150.
The exceptions to
the above will be members who can evidence that they had been
absent on continuous sick leave for a period of 9 or
more months, with a non-injury related sickness during the
reference period. These cases will incur a higher payment
based upon the individual’s average fire service earnings
in a 12 week period.
Further negotiations
to finalise the settlement of the RFU cases will take place
shortly with Employer representatives and we will be providing
our members with further information over the coming weeks.
Yours sincerely
John Barton
National General Secretary
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