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"Disappointed" firefighters are taking legal advice after falling at what could be the final hurdle in a long-running battle over pensions - despite three previous legal victories.
Handed down on Monday, the Court of Appeal ruling means that a new pension scheme the Fire and Rescue Association (FRSA) had argued was unfair will continue, while the group will also have to pay the government's £65,000 legal costs.
The legal dispute arose when the States Employment Board (SEB) - the part of government responsible for dealing with public sector workers' pay and terms and conditions - refused to provide firefighters with compensation for the pension change they claimed left them worse off.
The FRSA went on to claim that the SEB broke an agreement preventing them from using their key negotiating tactic - the ability to strike.
The Employment and Discrimination Tribunal found in favour of the FRSA. An appeal was initially rejected by the Tribunal, but granted by the Royal Court. However, Commissioner Julian Clyde-Smith maintained the firefighters' victory in April 2019.
Pictured: The SEB claimed the Royal Court's decision had been wrong.
The SEB took the case to the Court of Appeal in May 2019, rejecting the view that there was a "collective employment dispute”, that it had failed to comply with an available procedure, and acted unreasonably.
The Board argued that the Royal Court should not have concluded the dispute with the FRSA was “a pay dispute” or that the term “pay” could be extended to claims for “monetary recompense” as sought by the union - an argument that persuaded President of the Court of Appeal, James McNeill QC, sitting with John Martin QC and Sir Wyn Williams.
Their judgment was welcomed by the SEB Vice Chair Constable Richard Buchanan, who said the FRSA's claim "would have imposed unaffordable costs on the taxpayer" if it had been successful.
The FRSA has now spoken out for the first time since the judgment was published on Monday.
Pictured: Constable Richard Buchanan, the SEB's Deputy Chair.
Association President Tim Le Cocq told Express: "Legal advice is being sought on the Court of Appeal's judgment and the impact it may have on firefighters and the Fire and Rescue Service.
"Needless to say the Association is surprised and disappointed considering the three preceding judgments in our favour."
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