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Undertaking such work, whether responding to or mobilising others to such calls, is not a contractual requirement and your employer cannot require you to undertake this work.

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It is also possible that the EAT will refer our case to the Court of Justice of the European Union for clarification of one issue of European law: if a discriminatory provision is introduced for political reasons, what evidence must the Government offer to justify it, and how should the court balance the political need against the damage that it does to employees who are discriminated against?


Cessation of Trials of EMR and Other Work

Following a recent incident in WY where a crew transported a casualty on a long board in the back of a fire appliance WYFBU raised concerns with management about the legality of such a practice and also the wider issue of transporting any casualty in a fire appliance.

In practical terms, this means:

Due to the fact we are aware of the levels of demand placed on ambulance crews, and by the simple fact we have encountered instances where members of the public have been transported to A&E departments this is what is known as a foreseeable event. Under the H&S at Work act and the Management of H&S at work regulations an employer is legally bound to risk assess any such activity. Despite the fact the OPID was issued in 2016 no risk assessment has been carried out to date and therefore have failed to reasonably assess the risk to our members and the public.

We will keep you informed of developments.

The FBU must, in the course of its duties, ensure that when our members are resolving incidents on behalf of WYFRS they are fully covered and not operating outside of any laws or legislation. At the time of issuing this advice to members we cannot guarantee that, should a decision be made to transport a casualty to A&E, that this is the case and therefore have no option but to advise against this practice until such time that confirmation is gained that full protection is in place. Once this has been clarified we will issue a further statement.

Mark’s family have asked for privacy at this sad time.

The EAT also agreed with our argument that the transitional arrangements potentially discriminate on the grounds of sex and race because female and B&EMM members are disproportionately likely to be younger. That issue has also been remitted to the Employment Tribunal for further consideration.

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What this means is that, as matters stand, we would end up in the Employment Tribunal on the basis that the Government is entitled to protect the position of older firefighters but not their younger co-workers, and our criticism of the Government’s position would have to be limited to challenging the unfairness of the impact on unprotected firefighters. We have presented a legal case based on the argument that the Government is not entitled to protect some firefighters and not others if the distinction is age, no matter how the line is drawn.