Firefighters go to court over ‘letter aimed at blocking pensions’

In April, the union raised the possibility of taking the government to court in a bid to win compensation for members affected by the McCloud judgment.

Members affected by the ruling, which found 2015 reforms to the judicial and firefighter pension schemes unlawful on the basis of age discrimination, are said to be those who have taken or are in receipt of benefits before the implementation of remedy legislation, which the campaigners said could see them “face an immediate detriment”.

The Local Government Association wrote to the government in April on behalf of the FBU and Fire Rescue Authorities deploring the lack of a solution for members until the expected arrival of legislation in October 2023. It sent the government a similar letter in November 2021 in an attempt to stop the cost of the remedy falling on members.

The NFCC is proactively seeking to keep retired firefighters’ pensions down via a letter they don’t have the integrity or courage to make public

Mark Rowe, Fire Brigades Union

An agreement, however, was reached between the FBU and the LGA in October 2021, which the FBU said allowed for immediate detriment cases to be dealt with now without waiting until October 2023. This has been met with opposition from the government.

The union informed members on June 6 that its head office had anonymously received a letter sent to all chief fire officers by the National Fire Chiefs Council, advising against applying immediate detriment before the legislation is implemented next year.

In response, it will now register immediate detriment claims through the courts for every FBU member, who it said was being denied their full pension. The issue is understood to affect around 1,400 people.

‘Significant consequences for schemes’

In its circular to members, the union said that “many members” have had their pensions claims paid in full under the agreement between the FBU and the LGA.

According to the FBU, the opening paragraph to the letter highlights correspondence with the Treasury in March, which the NFCC said “clearly advises services not to be applying immediate detriment prior to legislation being in place”.

“HM Treasury’s view remains that processing immediate detriment cases before all the necessary legislation is in place could give rise to significant consequences for schemes, pension scheme members and services,” the letter continued.

It acknowledged, however, that decisions over immediate detriment cases lay with individual scheme managers. 

The FBU claimed that some Fire Rescue Authorities have ceased paying immediate detriment cases after having received the letter.

“Chief fire officers need to look after their people,” FBU national officer Mark Rowe said.

“It beggars belief that — in the middle of a cost of living crisis — the NFCC is proactively seeking to keep retired firefighters’ pensions down via a letter they don’t have the integrity or courage to make public.

“This letter makes an already difficult situation even worse. It places another barrier in the way of firefighters receiving the pensions they deserve. It’s disgraceful that currently retired firefighters, some of whom have retired on grounds of ill-health, are less likely to receive the pensions they are legally entitled to,” he continued. 

“It’s an outcome that badly lets down retired and current firefighters and the FBU will do everything in its power to protect our members’ pensions.”

A government spokesperson said:“We recognise the strong desire to resolve this situation, however, these are particularly complex issues, and it is vital that cases can be processed without significant adverse consequences for schemes and members.

“We will continue to work hard across government and engaging with stakeholders in good faith as the remedy is put in place.”

The NFCC has been contacted for comment.