28 June 2011
TO: Â Â Â Â Â Â ALL MEMBERS
PENSIONS: FBU LEGAL CHALLENGE ON CHANGES TO UPRATING MECHANISM
Members will be aware that the FBU hasÂ launched a legal challenge to the Governmentâ€™s plan to change the way that public sector pensions are uprated. This followsÂ the Governmentâ€™s decision to change the uprating factor from the Retail Price Index (RPI) to the Consumer Price Index (CPI).Â The Hutton review identified that this change alone would potentially mean a reduction in future pension benefitsÂ of around 15%.Â The change wasÂ introducedÂ through Parliament inÂ April this year.
The FBU, along with three other unionsÂ (NASUWT, POA and PCS) submitted separate pre-action letters outlining the issues and our legal concerns.Â Following the response to these letters and following further legal adviceÂ the four unions submitted a coordinated legal application on 4th May 2011. Â Two other unions (Unite and Unison) later joined the action bringing the number of unions involved in the coordinated legal challenge up to six.
Although challenging this attack was morally an easy decision to make it was not the easiest one to put together and we are pleased to be taking this coordinated approach with NASUWT, PCS and POA. Â It is also very pleasing that Unite and UnisonÂ subsequently decided to join our action. It is noticeable however that once again the FBU is the onlyÂ organisation in the Fire Service that is taking up a legal challenge on behalf ofÂ our members on this important matter.
The case has been listed for 25th October 2011 for a 3 day hearing.