Part-time workers discrimination
Ongoing PTW discrimination
Despite the Part-time Workers Less Favourable Treatment (PTWLFT) Regulations coming into effect on 01 July 2000 and that for legal purposes Retained/On-Call Firefighters were deemed part-time workers back in 2008, we are still witnessing On-Call Firefighters being treated as inferior by some services.
Eligibility for Wholetime posts – we continue to represent members who are being informed by their local FRS that they are not eligible to apply for a Wholetime position because they are On-Call. While there are some instances whereby an employer can discriminate against a part-time worker by demonstrating a legitimate objective, the cases we are involved in do not match that criteria.
This provides further evidence that the term ‘a firefighter is a firefighter’, is often given as lip-service and does not form a genuine belief among some senior officers across the country. Such prejudice has no part in a modern fire and rescue service and demonstrates that there is still much work for us to do notwithstanding the fact that legislation is on the side of our members.
Those that are successfully recruited into the Wholetime Duty System can still be members of the FRSA, as we represent all roles.
Eligibility for Wholetime posts – we continue to represent members who are being informed by their local FRS that they are not eligible to apply for a Wholetime position because they are On-Call. While there are some instances whereby an employer can discriminate against a part-time worker by demonstrating a legitimate objective, the cases we are involved in do not match that criteria.
This provides further evidence that the term ‘a firefighter is a firefighter’, is often given as lip-service and does not form a genuine belief among some senior officers across the country. Such prejudice has no part in a modern fire and rescue service and demonstrates that there is still much work for us to do notwithstanding the fact that legislation is on the side of our members.
Those that are successfully recruited into the Wholetime Duty System can still be members of the FRSA, as we represent all roles.
Public Holiday Payment for On-Call – we are also aware that a number of services are failing to adhere to the revised terms and conditions for On-Call personnel who receive a callout on a public holiday. As of early 2011, the payment should include the individual being granted a day’s leave in lieu in respect of which the employee shall not be required for duty and shall receive 1/7 of their average weekly wage. Remarkably, there are still services who are failing to adhere to the national terms and conditions. We are in the process of representing our members in these situations and will be requesting backpay from when the change came into effect.
The FRSA will take up the case of any member who experiences such discrimination and would urge any individual experiencing such treatment to contact their local FRSA rep immediately.
