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The government has decided not to make the firefighters’ union pay its £14,000 legal fees incurred during a long-running row over pensions in an attempt to “rebuild” burnt bridges with the emergency service workers.
The move comes off the back of the States Employment Board (SEB) finally winning their case fending off firefighters’ legal challenges about new pension scheme arrangements earlier this month.
The dispute – which has been rumbling on for almost two years – had been heard by the island’s Employment Tribunal, Royal Court and the Court of Appeal, with the SEB making numerous appeals.
The row centred on the union's claim that the SEB had reneged on their contractual agreement to enter into a formal dispute resolution process if there was ever a disagreement over pay. Firefighters complained that the new CARE pension scheme arrangements, brought in by the States Assembly, left many of them worse off than under the previous scheme.
Pictured: The pensions dispute has been rumbling on for almost two years.
They also brought a claim that the scheme was discriminatory based on age as FRSA members closer to retirement age had the option of sticking with the previous scheme, which younger firefighters missed out on. However, this claim failed at the Tribunal.
The Jersey Fire and Rescue Service Association (FRSA) won their initial pension battle hearing at the Tribunal and saw off every appeal brought by their employers until the most recent decision by the Court of Appeal finally ruled in favour of the Board.
Although it is normal procedure for the ‘losing’ side to pay the ‘winning’ side’s legal costs following court proceedings, the Board have decided not to pursue this from the firefighting union, so that they can focus on “rebuilding [their] relationship”.
The Government have confirmed to Express that the SEB met last Monday (17 February) to discuss the Court of Appeal decision.
Pictured: The States Employment Board is a panel of politicians handling all government employment matters.
A spokesperson said: “SEB noted that this was an important decision by the Court and hopes that it draws a line under the matter.”
Commenting on the decision, Deputy Chair of the Board, Constable Richard Buchanan again welcomed the ruling of the appeal court: “The Board, through this result, have protected the CARE Pension Scheme for public servants. The potential costs to Jersey taxpayers if the Scheme had collapsed would have been unthinkable.”
He also explained that, although the Court had ordered initially for the union to pay the SEB’s legal costs, they wouldn’t be pursuing this order.
The Government told Express that, outside of work done internally at the Law Officers' Department, the Board’s costs totalled £14,011.51.
Constable Buchanan said: “We have decided on this occasion not to pursue legal costs and are concentrating on rebuilding our relationship with the FRSA, reflecting the enormous respect we have for our firefighters and the vital work that they do.”
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