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In much the same way that we did, he went through the judgment paragraph by paragraph. He argued that the Employment Judge correctly summarised the case that both sides had put to her, meaning that she understood the arguments, that she set out the key facts on which the arguments were based, and having done so she could not be criticised for saying that she preferred one side of the argument to the other.
The FBU remains committed to discussing the future of our service, including the need to address the pay and conditions of firefighters. We urge governments to now address the issues of underfunding and investment, including the need to invest in new areas of activity.
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In closing, can I thank Andrew Short, our QC, and Lydia Seymour, our junior barrister, as well as Ivan Walker who has helped us navigate our way through these complex issues and made these reports understandable to our officials and members.
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Members will recall from circular 2017HOC0518MW that the fire service employers had proposed that NJC pay rates should be increased by 1%. This was in response to the rejection of their previous proposals following a consultation with FBU members.
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Everyone knows that the transitional protections discriminate on the grounds of age. The Government has admitted that. Everyone knows that the discrimination is direct discrimination â you win or lose just because of your age, not because you fail to meet some other criterion which, as it happens, turns out to be linked to age.
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As a result, the Executive Council agreed to consult members on this proposal and to recommend that the union should agree that NJC pay rates should be increased as suggested. This consultation will conclude at the December business meeting of the Executive Council (5-7 December). All branches should consider this proposal within this timescale.
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It is also possible that the EAT will refer our case to the Court of Justice of the European Union for clarification of one issue of European law: if a discriminatory provision is introduced for political reasons, what evidence must the Government offer to justify it, and how should the court balance the political need against the damage that it does to employees who are discriminated against?
CIRCULAR:Â Â Â Â Â Â Â Â Â Â Â 2017HOC0654DG
The day finished with an agreement, first raised at the end of day three, that the Fire and Rescue Authoritiesâ appeal on a technical issue will be dealt with at a subsequent hearing. They say that they should not be in the firing line because they were only doing what the regulations told them to do. They lost this argument in the Employment Tribunal, but if we win our appeal they will be able to raise it again. Importantly, the Government could not raise this defence.