Fire Services - May 2008

Welcome to Weightmans’ fire bulletin. Weightmans offers a broad range of legal services for Fire Services nationwide based on years of experience in this specialist sector. Weightmans' Fire team are acknowledged experts in this specialist sector having acted for fire authorities nationwide for many years on a range of contentious and non-contentious issues including regulatory issues concerning health and safety and the environment, employers’ and public liability claims, employment law (including issues relating the legality of strike action) and fire operational advice.

This bulletin is specifically designed to deal with issues that are relevant to Fire Services including new law and legislation, changes in the law, government proposals and reform and anything else of interest and importance. In this edition we look at case law on the extent of a fire authority’s duty when attending at a fire, data protection, violence to fire fighters from the public, accidents in the workplace, protection from harassment and alcohol-related dismissals. We also provide updates on the government’s equality and diversity strategy, legislation to protect emergency workers, pensions and ill health retirement, the government’s Equality & Diversity Strategy for fire services and Weightmans’ IT Data Scheme set to launch in Birmingham on 24 June and in Manchester on 25 June 2008.

IT data sharing

Weightmans has launched a data sharing service for fire authorities nationwide to assist with data collaboration and risk management. Andrew Cooper introduces this exciting new product.

Corporate manslaughter

The Corporate Manslaughter & Corporate Homicide Act 2007 has introduced a new criminal offence that is of importance to fire services. Glyn Thompson of Weightmans’ dedicated Regulatory Services Team looks at the Act and what it means to Fire Services.

Data protection

Missing discs and stolen laptops are big news now, but what are the real risks?  Simon Charlton looks at damages claims and the penalties the Information Commissioner can impose for breached of the Data Protection Act.

Litigation

Trips and slips at work can lead to civil claims.   Saul Burton describes the unreported case of Sims v Herefordshire County Council and considers the obligation placed upon the employer by regulations 12(1) and 12(2) of the Workplace (Health, Safety and Welfare) Regulations 1992.

Can a business man bring a multi-million pound claim against the fire service for the destruction of his premises in a fire? Mr Audsley thought so. Andrew Cooper looks at the unreported claim of Audsley v Merseyside Fire & Rescue Service in which Weightmans acted for the fire service.

Injuries to fire fighters attacked by members of the public. Andrew Clarke looks at the unreported claim of Padgett v Nottinghamshire Fire & Rescue Service in which Weightmans successfully defended the fire service in a claim brought by a retained fire fighter attacked by a member of the public.

Protection from harrassment

Since 1997 employees have been afforded protection from harassment not only by discrimination legislation but also under the Protection from Harassment Act. Stuart Jones considers the recent case of Conn v Sunderland City Council and an employer’s duty to protect their staff from harassment.


Alcohol-related dismissals

Sinclair v Wandsworth County Council confirmed that an employer’s failure to implement its alcohol policy when disciplining an employee with an alcohol problem rendered the dismissal unfair. The case is also of interest as it explored the issue of whether misconduct arising from the employee's alcoholism could amount to contributory fault for the purposes of assessing unfair dismissal compensation. Carley Wilson, a Trainee Solicitor based in Weightmans’ Liverpool employment team, considers recent case law on reasonable adjustments. 

Protection for emergency workers

‘A car deliberately reversed into the appliance, which was then put out of action by children throwing stones.’  No, this is not Beirut, but an extract from a report of an all too typical incident faced by Fire Crews in UK Cities. Peppy Marshall looks at the issue of attacks on fire fighters and the implications of the Emergency Workers (Obstruction) Act 2007.

Equality in the workplace

The Government has drafted an Equality and Diversity Strategy for the Fire and Rescue Service in England to support its delivery of its commitment to promote equality and diversity and build cohesive and sustainable communities. Helen Jackson examines the Government’s Equality and Diversity Strategy for the Fire and Rescue Service in England designed to support the delivery of its commitment to promote equality and diversity and build cohesive and sustainable communities.

Ill health retirement pensions

In January 2008, a debate was raised in the House of Commons on ill health retirement for fire service members.  This was brought following lobbying, last year, by fire service members to their local MP’s and applications for Judicial Review on the decision to have three retired fire fighters’ pensions revoked on the new guidance.  One of these fire fighters was Martin Marrion whom you may have seen in newspapers and on television on this issue. Paul McFarlane looks at the thorny issue of pensions’ ill-health retirement and the FBU’s Judicial Review challenge of the 2006 guidance from the government.

World Fire Fighter Games

The World Fire Fighter Games are to be held in Liverpool in the city's Capital of Culture year. Merseyside Fire and Rescue Service beat off strong competition from around the world to win the right to host the biennial games in 2008. Merseyside Fire & Rescue Service hosts the 10th World Fire fighters Games in 2008. We preview the event.