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| Injured firefighters in court win | Injured firefighters in court win |
| (20 minutes later) | |
| Injured firefighters have won a major step in their legal battle to retain the right to claim ill-health pensions. | Injured firefighters have won a major step in their legal battle to retain the right to claim ill-health pensions. |
| The Court of Appeal agreed with London firemen Martin Marrion, Neil Burke and Andrew Scott that leaving them with neither a job nor a pension was unfair. | The Court of Appeal agreed with London firemen Martin Marrion, Neil Burke and Andrew Scott that leaving them with neither a job nor a pension was unfair. |
| Changes to the fire service's pension scheme in 2006 meant some injured staff would not receive pensions even if there was no suitable job for them. | Changes to the fire service's pension scheme in 2006 meant some injured staff would not receive pensions even if there was no suitable job for them. |
| Court of Appeal judges said the three test cases must now be reconsidered. | Court of Appeal judges said the three test cases must now be reconsidered. |
| The Firefighters' Pension Scheme's 2004 guidelines stated that a disabled or badly injured firefighter would receive an ill-health pension unless they could be redeployed to a job within his or her role. | The Firefighters' Pension Scheme's 2004 guidelines stated that a disabled or badly injured firefighter would receive an ill-health pension unless they could be redeployed to a job within his or her role. |
| But changes introduced in September 2006 meant that if a member of the service was capable of doing a small part of his or her work, they would not qualify for a pension even if a suitable job was not available. | But changes introduced in September 2006 meant that if a member of the service was capable of doing a small part of his or her work, they would not qualify for a pension even if a suitable job was not available. |
| 'Shifting sands' | 'Shifting sands' |
| Although the government has since issued fresh guidance reverting back to the 2004 position, its lawyers have continued to argue in favour of the disputed 2006 rules during the court battle. | Although the government has since issued fresh guidance reverting back to the 2004 position, its lawyers have continued to argue in favour of the disputed 2006 rules during the court battle. |
| Lawyers for the three men, who are backed by the Fire Brigades' Union, argued these rules effectively made it impossible for any firefighter to qualify for an ill-health pension even if they were seriously disabled. | Lawyers for the three men, who are backed by the Fire Brigades' Union, argued these rules effectively made it impossible for any firefighter to qualify for an ill-health pension even if they were seriously disabled. |
| If there was no job to which they could be redeployed, the new rules forced fire authorities to sack injured staff without financial support, they said. | If there was no job to which they could be redeployed, the new rules forced fire authorities to sack injured staff without financial support, they said. |
| We now call on the government to urgently redraft the guidance to restore ill-health pensions to firefighters unable to work due to injury or disability Martin MarrionFirefighter | We now call on the government to urgently redraft the guidance to restore ill-health pensions to firefighters unable to work due to injury or disability Martin MarrionFirefighter |
| Lord Justice Rix, sitting in London with Lord Justice Dyson and Lord Justice Wilson, said the arguments put forward on behalf of the Secretary of State for Communities and Local Government were "built on shifting sands". | Lord Justice Rix, sitting in London with Lord Justice Dyson and Lord Justice Wilson, said the arguments put forward on behalf of the Secretary of State for Communities and Local Government were "built on shifting sands". |
| The government's case remained "deeply unattractive" and where a firefighter was unfit for work and could not be redeployed it led to "no job, no pension consequence", he said. | The government's case remained "deeply unattractive" and where a firefighter was unfit for work and could not be redeployed it led to "no job, no pension consequence", he said. |
| "This is both unfair and surprising in terms of an amendment which was designed to introduce flexibility and to save both firemen and their employers from the necessity of ill-health retirement where there was still a job of work to be done," he added. | "This is both unfair and surprising in terms of an amendment which was designed to introduce flexibility and to save both firemen and their employers from the necessity of ill-health retirement where there was still a job of work to be done," he added. |
| The Court of Appeal ruled in favour of the three men against the Boards of Medical Referees, London Fire and Emergency Planning Authority and the secretary of state. | |
| Their cases will now be reconsidered. | Their cases will now be reconsidered. |
| Retrospective payment | Retrospective payment |
| After the hearing, Mr Marrion said: "I wanted to keep on working but my employers forced me to retire and take an ill-health pension. I was astonished that, nearly two years later, they took my ill-health pension off me. | After the hearing, Mr Marrion said: "I wanted to keep on working but my employers forced me to retire and take an ill-health pension. I was astonished that, nearly two years later, they took my ill-health pension off me. |
| "I am hugely relieved that the Court of Appeal has backed our case, but angry that we had to fight so far to get our pensions back." | "I am hugely relieved that the Court of Appeal has backed our case, but angry that we had to fight so far to get our pensions back." |
| Matt Wrack, general secretary of the Fire Brigades' Union, said the ruling was a "tremendous victory" for common sense. | Matt Wrack, general secretary of the Fire Brigades' Union, said the ruling was a "tremendous victory" for common sense. |
| "We now call on the government to urgently redraft the guidance to restore ill-health pensions to firefighters unable to work due to injury or disability," he said. | "We now call on the government to urgently redraft the guidance to restore ill-health pensions to firefighters unable to work due to injury or disability," he said. |
| "It must make that re-drafted guidance retrospective to restore pensions to any of our members who have already lost them." | "It must make that re-drafted guidance retrospective to restore pensions to any of our members who have already lost them." |