Firefighters seek Supreme Court appeal in public sector pensions case

The Fire Brigades Union (FBU) is seeking permission to appeal to the Supreme Court over the cost control mechanism imposed on public sector pension schemes.

In 2018, the FBU successfully challenged the government’s public sector pension reforms that were introduced in 2015, which forced younger members to transfer onto a new, financially inferior pension scheme. The Court of Appeal ruled that the changes were unlawful on age, sex and race discrimination grounds.

The Court of Appeal’s decision meant that the government had to reinstate previous pension arrangements and pay compensation to the public sector workers who lost out.

But the reforms also included a cost-control mechanism which meant certain specific member-related costs could be attributed to the costs of the scheme, and paid for by lowering benefits or increasing contributions for workers.

The FBU argues that the Treasury used that cost control mechanism to pass on the costs of remedying its own unlawful age discrimination and that it continues to be paid by younger members of the pension scheme who were not owed compensation following the 2018 judgment.

The Court of Appeal has previously rejected the FBU’s application to lodge an appeal, but the union has since gained the support of other public sector unions including the Public and Commercial Services Union, the Prison Officers Association, Royal College of Nursing and Unite to bring a challenge to the Supreme Court.

Matt Wrack, Fire Brigades Union general secretary said: “We won a landmark challenge against pensions robbery in 2015, with unfair changes to public sector pensions ruled to be age discriminatory. It is shameful that the government is now trying to force firefighters and other public sector workers to shoulder the costs of this botched attack on their hard-earned pensions.

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“Working people shouldn’t have to pay the price for the government’s mistakes. The FBU will pursue all avenues to win justice for our members.”

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