The FBU are aware that an RDS crewing availability slots trial is taking part on 3 retained stations but that is about all that we know. The FBU have been kept out of the loop on the introduction of these trials and as such registered a dispute with HFRS over its introduction with no consultation / negotiation with the FBU on what is clearly a contractual change being required. The 3 stations volunteered to trial the availability rota scheme.
Following completion of the trial the FBU intend to visit the stations and find out all of the successes and pitfalls that they have discovered because it is highly likely that the management will then come back to try to negotiate an agreement on its introduction. The FBU would like to remind you that the introduction of this sort of changes in the workplace can only be done by agreement with the FBU or by issuing a 90 day notice to more or less dismiss and re-engage firefighters. That is an option we do not think HFRS would be wise to pick a fight with RDS members over.
Rest assured, the FBU will fight tooth and nail for the best deal for RDS members and if ultimately YOU decide you do not want this avialbility Rota system then that is the position the FBU will put to management.

WORSENING INDUSTRIAL RELATIONS WITHIN HFRS
Following on from this week’s Need to Know that has just been sent out, it should now be clear to all that Industrial relations within Humberside Fire & Rescue Service are at an all time low.
Humberside FBU quite justifiably submitted ‘a dispute’ regarding the proposed Community Fire Technician Scheme management are trying to get WDS and RDS firefighters to take part in.
As highlighted in a newsletter last week there are a number of issues that FBU members must be informed of prior to making a decision on whether to take part in any such schemes. These include the risk that members will be taking regarding their benefits. Should they be injured or killed when carrying out these duties, such benefits will be severely compromised when working under a secondary contract. They may even not be covered for some at all, as anyone carrying out these duties will not be working under NJC conditions of service.
The FBU quite rightly informed the management of HFRS, that firefighter’s rates of pay is determined at the NJC, including if they work over their contracted 42 hours a week they are entitled to overtime rates of pay. HFRS are attempting to get Firefighters to sell their skills cheap
The FBU also quite rightly pointed out that nationally the FBU have a no ‘Cold Calling’ Policy. As such anyone carrying out these duties and do ‘Cold Call’ may find themselves not being covered for representation / assistance should an issue arise whilst performing said duties.
The FBU would be foolish to ignore these issues and then agree to a scheme that ultimately may end up with our members suffering detrimental risks to their benefits. An FBU member inured would quite rightly ask the question why wasn’t they told this before the scheme started and why did the FBU agree to it?
Once again the FBU’s advice has not changed regarding this initiative – DO NOT TAKE PART IN IT!!!
There is a way management can introduce this type of Scheme, with the agreement of the FBU and also ensuring firefighters would receive all the benefits they would be entitled to. That is by employing Firefighters to carry out these initiatives under their primary contract that would involve paying at the NJC agreed rates of pay, including overtime rates when a firefighter has worked over 42 hours in the week, also, by carrying out this initiative without the need for cold calling taking place.
That would address the FBU’s concerns but this is NOT AGREEABLE with the management of HFRS. They want YOU on the Cheap and also being put at risk of suffering detrimental effects on your benefits should you be injured or killed when carrying out this work and the reason they give is to meet their targets. They say this initiative was borne following a number of requests from firefighters, well if that’s the case pay the going rate for firefighters.
Why not employ more civilian staff to carry out this initiative? Because that comes with additional costs like training, uniforms, as well as the problem of their contracts etc. Firefighters’ paid at under the going rate is the CHEAPEST option, that is why they want it this way.
What next? Will they offer firefighters to come and provide fire cover on stations at reduced rates of pay and not those covered by the NJC? DO NOT SELL YOUR JOB OR YOUR SKILLS ON THE CHEAPThis is just another example of the attitude that HFRS now have towards the FBU – ‘If there’s no agreement we put it out anyway!!!’
It is your union, so don’t fall for this attempt by the management of HFRS to undermine those that you elected to represent you.
If you wish to discuss this matter any further contact a Brigade Official on the numbers below

Duty System Review

Officials are receiving many calls from concerned members with regards the Duty System Review that is currently taking place. This newsletter will hopefully answer some of those questions and inform members of the processes and steps that HFRS must follow before any changes are implemented / Imposed. HFRS have gave notice to the FBU that they intend to bring forward 3 duty systems for consideration. These being a 5 watch duty system, a 12 hour shift duty system and the Hampshire Reserve Pool duty system (12 hour). As with any proposals, the FBU will always consider them if brought forward. However,
As we have stated before, changing our existing duty systems is a contractual issue therefore is negotiable and NOT just a consultation exercise and the FBU will NOT agree to any changes without your say so!!!!.
What the Employers have to do…
There are 4 ways an employer can change a contract:
• Express agreement between parties
• Implied individual agreement through conduct of employee
• Union agreement, which is binding on employee.
• Termination of the existing contract and re-employment under a new contract with different terms
To explain each ‘way’ in a bit more detail:

Express Agreement
Agreement must be voluntary - if it can be shown that employee was under duress then they cannot be said to have agreed to the change.
Implied Agreement
This will usually arise where the employer purports to unilaterally vary the contract by imposing new terms and conditions and the employee is seen to accept this by their behavior or ‘acquiescence’. (Acquiesce - to accept or consent to something without protest.)
Collective Agreements
While collective agreements are not normally enforceable as between the employer and the trade union, when they are incorporated into the individual employees contract, they become legally enforceable as between the employer and employee. Once a term becomes incorporated into the individual contract it remains incorporated even if the collective agreement is terminated (unless of course it is clearly replaced by a different term).
Termination of Contract
Where an employer wishes to change terms and conditions of an employee/s and is unable to do so by agreement, the employer may choose to terminate the relevant contract and offer new contracts which include the variation.
In practice this is highly undesirable means of achieving variation of contract and rarely happens as it inevitably leads to conflict, is very damaging to industrial relations and likely to lead to industrial action.
So what can we do?

An employee may respond to the breach of contact in the following ways:
• ‘Stand and sue’ stay and work ‘under protest’ and bring claim for unlawful deductions or breach of contract;
• In the case of a fundamental breach, resign and claim constructive dismissal;
• Where the change amounts to the termination of the old contract and the introduction of a new contract, continue to work under the new contract and claim Unfair Dismissal in relation to the old one;
• Refuse to work the new terms e.g. if the new terms involve different duties or hours.
To explain our options in more detail:
Standing and Suing
The employee works on under protest and brings a breach of contract action for loss arising from the employer’s breach.
Claim Constructive Dismissal
Where employer seeks to impose variation and an employee leaves claiming constructive dismissal there may be a constructive dismissal, which may or may not be unfair depending on the employer’s behaviour.
Remain in employment and claim Unfair Dismissal
Where the employer has either expressly or otherwise terminated one contract of employment and replaced it with another with substantially different terms and conditions the employee may claim Unfair Dismissal even though the employee is still employed by the same employer.
It should however be noted that in both of the above cases employer did not expressly dismiss the employee but the change in contract terms was so fundamental as to amount to termination of the contract.
As discussed Termination of Contract’ above if the employer can establish a fair reason for the changes and engages in meaningful consultation before seeking to impose new contracts and otherwise acts reasonably any such Unfair Dismissal claim may then be unsuccessful as the employer may be found not to have acted unreasonably.
Refuse to Change
If the employee simply refuses to go along with the changes e.g. by refusing to carry out the changed duties, the ball is back in the employer’s court.
If the employer dismisses they are likely to face Unfair Dismissal proceedings and/or wrongful dismissal proceedings.
As can be seen it is not just a case that Humberside Fire & Rescue Service will announce one day that negotiations have been unsuccessful with the FBU therefore as from next month a new duty system will be in place. There are many procedures and stages that Employers have to follow in order to try to seek changes to our existing contracts. The FBU Survey and management’s as yet unpublished survey revealed that FBU members do not want to change from the current duty system and we will ensure that is the position we bear in mind when meeting Humberside Fire & Rescue Service management to discuss alternative duty system proposals.
If you have any questions or immediate concerns please contact one of the Officials below.

COMMUNITY FIRE TECHNICIANS
FBU Advice - DO NOT APPLY!!!
The FBU have been informed that HFRS are intending to advertise for expressions of interest from Wholetime and RDS personnel to carry out casual work as Community Fire Technicians. This will involve generating and carrying out of HFSC’s. The FBU have now lodged a dispute with management regarding this matter. There are number of issues that members need to be fully aware of before they undertake this kind of work. The main issue is; what contract you will be undertaking these duties on?, if it is a secondary or temporary contract there are some very serious risks you would need to consider, namely, the potential risk to your rights under the Firefighters Compensation Scheme before agreeing to carry out these duties
The Firefighters Compensation Scheme Pitfall
The FBU have previously raised issues where members working on secondary / temporary contracts may not be covered for their rights whilst carrying out these secondary contracts (we have to assume that these are secondary / temporary contracts as they are at rates of pay different to your primary contract) Members potentially face not being covered under the Firefighters Compensation Scheme benefits should they be injured or killed whilst carrying out these duties on their secondary contract. Please Contact a Brigade Official to find out more details
Rates of pay
These are covered by the NJC Grey Book Scheme of Conditions of Service and have been agreed nationally. What HFRS are offering is outside of these nationally agreed rates of pay. DO NOT SELL YOUR ROLE AS A FIREFIGHTER ON THE CHEAP!!! They want to pay you at less than £7 per hour when in fact your hourly rate as a firefighter is £12.72. Also if you have completed over the 42 hours in that week then you should be paid at pre-arranged overtime rates of pay.
This is another attack on your conditions of service, another attempt of undermining the FBU by ignoring their concerns and attempting to get their members to sell themselves cheap.
FBU members also need to be aware that should they go against this advice and take up duties that are outside of that covered by NJC Conditions of Service they may not be covered should they need representation or assistance arising whilst carrying out these duties. The FBU also have a No ‘Cold Calling’ policy that members are strongly advised that they must adhere to. Members need to be aware that going against the advice and policy of their union may cause some issues to occur.