BLAZING ROW
Firefighters forced to use holidays while shielding during pandemic
FIREFIGHTERS were forced to use holidays and Time Off In Lieu (TOIL)
while shielding from coronavirus.
An employment tribunal case has found the Scottish Fire and Rescue Service (SFRS) handed “unfavourable treatment” to staff when they made firefighters take their shielding time out of their annual leave.
The Fire Brigades Union also argued some female firefighters were forced to use annual leave and TOIL for additional caring responsibilities during the crisis. But the judgment dismissed the sex discrimination case.
And while the tribunal found the case by the eight firefighters proven, it was decided not to award any compensation to the wronged workers. The hearing was held in Glasgow on July 12 to 16 with the deliberations on July 22 and 23 and August 11.
Last night, fire union bosses said the case could have ramifications across the UK in what is thought to be the first where an employer has discriminated as a result of employees following government health guidance on Covid.
Denise Christie, of the Fire Brigades Union, said: “In principle, we are delighted with this result.
“Covid is like any other major burden that falls on society – a disproportionate amount of it often ends up being put on people who are already discriminated against, like women or disabled people.”
But she said the union was disappointed there would be no compensation for members who used their holiday time, or that no sanction had been imposed on SFRS, adding: “This is clearly unjust and we will challenge it with every legal tool at our disposal.”
The case had initially been brought under a collective grievance, where it was not upheld, and there has been no appeal relating to the procedure.
The judgment reads: “The claim... under section 15 of the Equality Act 2010 is upheld and the tribunal declares that there was unfavourable treatment (removal of choice and flexibility with regard to TOIL and accrued leave) because of something arising in consequence of a disability which was not objectively justified.”