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Fire & Rescue Services agree £83,000 settlement with FBU over TUPE breach

Readers will remember that in March 2012, the Isle of Wight Fire & Rescue Service closed its emergency control room based in Newport and transferred to Surrey Fire & Rescue Service in Reigate.

It was revealed over the weekend that during the move, Isle of Wight and Surrey Fire & Rescue Services both failed to comply with TUPE regulations (legislation that protects staff) and have now agreed an out of court settlement with the Fire Brigade Union (FBU) of £83,000.

Employment Tribunal
The FBU had brought proceedings in the Southampton Employment Tribunal, complaining that both fire services had failed to provide TUPE information to the FBU and failed to consult with the appropriate FBU representatives.

FBU Regional Secretary Ricky Matthews said,

“Fire & Rescue Management teams should never under estimate the skills, knowledge and commitment of FBU members and officials to assert their legal rights. The IOW & Surrey Fire & Rescue Services admission that they failed to comply with their legal obligations and the payment of significant compensation to the union will serve as a warning that where employers fail to listen to FBU officials this union will pursue them through the courts and will win.”

Apter: “Found wanting on a technicality”
Isle of Wight Chief Fire Officer, Steve Apter, told OnTheWight this morning,

“Having consulted widely with the FBU throughout the transfer process it is disappointing that we have been found wanting on a technicality. We will ensure the required lessons are learned.

“We would stress that, operationally, the transfer to Surrey has been a success leaving the Island with a safer and more efficient 999 response system which saves tax payers £250,000 a year.”

Armstrong: “Sends a clear warning”
FBU Regional Secretary Danni Armstrong said,

“This £83,000 settlement negotiated on behalf of the FBU will send a clear warning to other Fire & Rescue Services currently going through a TUPE process. FBU members working in Control can be assured of the value this union places on them and the importance of the work they do in these increasingly difficult times. The FBU is the only Fire Service Trade Union with the wherewithal to peruse a case of this nature.”

A representative from the FBU went on to say,

“This settlement underpins the value of the fire service working in collaboration with the FBU, whilst highlighting the consequential cost of the service ignoring us. I sincerely hope the fire service learns from this costly failure to negotiate with the FBU to prevent any further unnecessary spending of tax payers money.”

Image: © Tax Brackets