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20095 – The case of Bear (Scotland) v Fulton

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Ref: FOI/20095

RE: FREEDOM OF INFORMATION ACT 2000 REQUEST

West Midlands Fire Service has now completed its search for the information requested on 3rd November 2020

Please find below a summary of our findings.

Request.

In 2017, the employment courts decided – in the case of Bear (Scotland) v Fulton – that employers were required to take into account all remuneration earned (including non-guaranteed overtime) when calculating holiday pay.

(1) Has your fire authority implemented this ruling?

Reply

We have implemented the ruling.

Request.

(2) If the answer to (1) is yes, what date was the ruling implemented?

Reply

It was implemented for any Annual Leave taken on or after 1st February 2020.  First payments were therefore made in March salaries.

Request.

(3) If the answer to (1) is yes, was a collective agreement signed with the Fire Brigades Union or any other representative body prior to implementation?

Reply

There was not a collective agreement that was signed for this matter,

Request.

If a collective agreement was signed, I wish to view a copy.

Reply

N/A

Request.

Any backdated payments were made to staff, or whether all payments took effect only from the date of implementation.

Reply

The agreement was backdated for a three-month period to include any leave taken on or after 1st November 2019.

If you have any queries about this freedom of information request, please contact us.  Please remember to quote the reference number above in any future communications.

For service complaints, issues or comments regarding this request please contact The Public Relations Department, West Midlands Fire Service, 99 Vauxhall Road, Birmingham, B7 4HW

Further information concerning Freedom of Information requests can be found on the Information Commissioner website at either the following link: https://ico.org.uk/ or at Wycliffe House, Water Lane, Wilmslow, SK9 5AF.

 

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