Jury Service – RFU claim victory for RDS personnel

Part-Time Workers less Favourable Treatment (Case history)

Our member (Mark Cremins of Egremont) was called upon to undertake Jury service earlier this year and was advised by HMCS that he must not carry out any work, specifically night or weekend work, which meant he had to miss drill nights and not attend fire calls whilst on jury duty.

As a consequence of these restrictions, he suffered a loss of earnings in respect of his employment as an RDS firefighter. Upon notifying his employing FRS that he was undertaking jury service he was told that for this period he would have to take unpaid 'special leave' whilst on jury duty. This didn’t mirror how an employee on the WDS would be treated in identical circumstances.

Mark believed that as an RDS employee he had indeed been treated less favourably than a firefighter employed on the WDS. Acting on the advice of his local rep, Warren Brannon, he was supported fully both in submitting a formal grievance and attendance at the grievance hearing.

Following the hearing our member was notified by the service that (A) he was entitled to paid leave of absence whilst on jury service (B) It was also reasonable for him to be paid his average RDS earnings for the days he was on special leave and (C) He received an apology for the unsatisfactory manner in which this query had been dealt with prior to the grievance being submitted. He was also informed that HR would advise local managers of the correct procedure to be used in the future.
Mark is satisfied with the outcome and maintains that he pursued this issue on a point of principle not only for himself but other RDS colleagues who might find themselves in similar circumstances.

Which just shows that on this and a number of other issues, the status of an RDS employee as a ‘part-time worker’ is all very well, but members are still being forced to pursue their cases to prove that they are being treated less favourably.

RFU intervention saves the 2nd appliance at Portstewart (Case history)

Within Northern Ireland FRS IRMP plan for 2007/08 contained a proposal to remove the second appliances from 12 RDS stations including Portstewart Fire Station.

The main reason stated for the reduction was the number of fire calls responded to by the second appliance.

However, without too much effort it was clear to see that with only 9 personnel on station the availability of the second appliance was the main reason for the low call activity. What was even more disappointing was that while the Service had for a number of years been made aware of the crewing level issue, it had decided to do nothing.

The RFU then formulated a response to the consultation document which included a presentation to a number of representatives including the Coleraine Council. Despite our efforts the Service decided to go ahead with the removal of the second appliance at Portstewart.

However, in April of this year the Public Safety Minister Michael McGimpsey asked the Chairman of the NIFRS Board and the Chief Fire Officer to put Portstewart’s Second Fire Appliance back on the run until such times as he makes his final decision on the future of the appliance.

The Chairman and Chief Fire Officer agreed to the Minister’s request.

We are now pleased to report that the decision has been confirmed by the Public Safety Minister that the second appliance at Portstewart will remain on station permanently. In addition, after a short recruitment drive, 5 new recruits will be drafted into the station.

So much for the RFU being toothless!

RDS Toolkit

Fire Minister Shahid Malik announced a new toolkit to help employers boost their businesses by releasing staff to be on-call firefighters. The launch of the Employers' Information Toolkit is in response to comments from local employers around the country that they would welcome more information about the role of on-call firefighters - also known as retained firefighters.

Benefits to employers include: staff trained in and with experience of:

• first aid and trauma care;
• risk assessment and health and safety training;
• leadership skills and team work;
• self-discipline, commitment and motivation; and

The toolkit features case studies of on-call firefighters and their 'day-job' employers including:

• a care home and a building company whose staff are with Shropshire FRS;
• a primary school whose female caretaker works with Lincolnshire FRS;
• a self-employed electrician and a dental nurse who works with Gloucestershire FRS.

John Barton, RFU General Secretary said:
“We welcome the launch of the Toolkit together with the national recognition of the support provided by primary employers who release staff to undertake such an important emergency service.

These are challenging times for businesses but it is heartening to know that notwithstanding a ‘tough climate’ primary employers continue to demonstrate commitment to a partnership which is crucial to the provision of a vital emergency service.

We believe the Toolkit can only highlight the benefits of employing On-Call firefighters together with the transferable skills which they bring to their primary employment workplace. The Toolkit sets out very clearly what these benefits are and we look forward to an increase in the numbers of businesses who are prepared to encourage their existing staff to consider joining the ranks of On-Call personnel.”

Employment of Members of Police Forces by Fire and Rescue Authorities

Over recent years the RFU has been posed the question by members and potential Fire Service employees as to why Special Constables and Police Community Support Officers cannot also be employed by local Fire Authorities and work within the Retained Duty System. As an organisation we would align the two emergency services as having the same values as each other with the overarching aim of protecting their communities, whereas others stated that there would be a 'conflict of interest' should an individual undertake both roles.

Having spoken to CLG and other interested parties on a number of occasions the RFU is very pleased to announce that after clarification of the Fire & Rescue Services Act 2004 and the Police Act 1996; Special Constables and Police Community Support Officers are not prohibited from joining the RDS or vice versa, provided there is local agreement between the Chief Fire Officer and the Chief Constable.

We believe this change in policy will benefit both Emergency Services in terms of providing a better understanding within both roles whilst also aiding recruitment.

Save the Warwickshire 7

Warwickshire Fire & Rescue Service proposes to close Seven Retained Duty System (RDS) fire stations and remove two additional RDS appliances on separate stations. Retained Duty System (RDS) Fire Stations due for closure are Bedworth, Bidford, Brinklow, Fenny Compton, Kenilworth, Studley and Warwick. In addition crews based at Coleshill and Atherstone who also work the RDS will be removed. Approximately 100 employees working the RDS would be made redundant under the plans.

Tony Morgan, RFU Vice-President and Warwickshire RDS Crew Manager at Bedworth said at the time. ’The consultation process has already caused confusion. The very same documents which have informed this decision are presently unavailable and it beggars belief that on such an important issue, vitally important information has been withheld or is not easily accessible by those being asked to make comment. We are alarmed at these proposals, for the most part, the impact on fire and rescue cover provided by our members, the RDS in general and the communities which they all proud to serve.’

A broad ‘coalition’ of interested parties was formed in Warwickshire and is working together in the public interest to challenge and change these proposals. The ongoing fight culminated in a march from Warwick Racecourse to the Shire Hall at midday on Sunday 6th December where a rally took place and a clear message was sent to Warwickshire Fire Authority to stop this madness.

In addition the RFU has prepared a comprehensive response to the consultation which supports not only RFU members in Warwickshire and their stations but also non members and the communities which will be affected if these plans get the go ahead.

Have YOU got what it takes?

Every year the RFU receives a number of invitations to represent our members at national level by sitting on various project groups looking at ways the UK FRS can be improved. An example is the review of the BA Technical Bulletin 1/97. If you believe you have a contribution to make and have the ability to attend quarterly meetings in London and/or Moreton-in-Marsh (Fire Service College) please drop us a line at office@rfuonline.co.uk to express an interest and obtain further information.
It is vital that the RDS perspective is presented within these projects and you will have an opportunity to shape the future of the UK FRS!

Annual Leave Back Pay

On a more positive note in Warwickshire, the RFU has been successful in recovering annual leave back pay.
On the 8th October 2008, Warwickshire Fire and Rescue Service sent a letter to all RDS fire fighters advising them that since 2002, all RDS fire fighters had been underpaid in respect of their holiday pay, due to a miscalculation of their entitlement. At the time of writing, Warwickshire said that they had taken legal advice and were informed, that as an employer:

‘ we would be acting ultra vires (i.e. beyond our statutory powers and therefore illegally) if we were to reimburse underpayments further back than one year.’

The RFU, as soon as they heard of this from one of their members, took steps to take their own legal advice. That advice was that Warwickshire were wrong and that steps should be taken to recover the monies owed to our members.
On behalf of our members, the RFU made funds available to its lawyers to strenuously argue for the recovery of the underpayments to its members. It was as a direct consequence of this that Warwickshire sent out a further letter, dated 20th August 2009, stating that the underpayments would in fact be made in the best way possible to recompense those affected.

As a result of protracted negotiations, funded by the RFU, we have now been able to ensure:

• That all of our members who were underpaid have now received offers to compensate them for their losses;
• That all retired members who were affected by the miscalculations will be given adequate recompense;
• That all members who wished to have their offers individually assessed by our lawyers, have been able to do so. This has resulted in approximately one fifth of our members having their offers increased.

If it was not for the RFU questioning the lawfulness of Warwickshire’s stance in October 2008, it is unlikely that RDS fire fighters at Warwickshire would have received the money they were due, and had earned, for the 5 year period between 2002 and 2006.

AJJ Morgan WRFU Chair said:

"This is wonderful news for RFU members and their families, it clearly shows commitment to members be they presently in post or retired members. The RFU can make a difference. We have demonstrated to those who doubt us that there are advantages to membership of the Retained Firefighters Union."

Membership of the RFU can make a difference!

RFU Freeze membership subscriptions for 12 months

We always strive to demonstrate excellent value for money in the services we provide and take this opportunity to advise members that given the current economic climate, the decision has been made to maintain our subscription at the current rate for the coming year. This includes the subscription rate of our ‘On-Call’ insurance scheme that has already been used by a number of members who have seen the value of this additional protection.

All that remains is for us to wish you a very
Happy (and Safe) Christmas
and a prosperous New Year.

Don't forget to salt/grit your drill yard this winter to arrive at the station safely!