1. How will this affect employees who are currently receiving a higher retainer fee than they will receive under the new RDS retainer fee bandings?
The wording in the employers letter said: "For those employees who are in post before 1 July 2024, who are currently receiving a higher retainer fee than that which they would receive under the new RDS retainer fee bandings (effective 1 January 2025), we would in the first instance encourage these individuals to consider enhancing their availability in order to match the new expectation. However, if for whatever reason they choose not to do that, and providing they do not reduce their commitment, they should not be any worse off for a period of three years from the date of the agreement, running to 30 June 2027."
2. The National Employers offer letter EMP 1-24 says "It is important to note that existing local agreements that already exist outside of the grey book are unaffected by this amendment". What does this apply to?
Many FRSs have already amended their RDS/On-call pay and reward structure locally, and the point of this line is to confirm that if that has been agreed locally, the new banding structure does not override that. The national agreement simply amends the wording in the Grey Book, which sets the minimum/standard framework. Where services have already moved away from that, that local agreement still stands. It is possible that some local agreements are more favourable than the old Grey Book but less favourable than the new. In contractual terms the position there will depend on the wording of the local agreement and local arrangements, and it may be worth taking advice. Notwithstanding any contractual arguments to that effect though, that may become a difficult position to hold.
3. Has the NJC worked to produce any best practice guidance on how implementation of the bandings will take place?
No - These FAQs are provided by the National Employers to assist FRSs with implementation. ‘Best practice’ is difficult to determine as each service will have its own differing needs, staffing models and CRMP. It is up to each FRS how to manage the structure of their RDS firefighters and the time commitment of On Call staff for each local area.
4. How do employees map across?
The existing local contract will determine this – the situation is no different to what you’ve already been working to with two bands of RDS payment, full cover or 75 per cent for less than 120 hours, there is just now more choice than those two bands. RDS hours of commitment will be subject to a contractual agreement. This can obviously be amended if both sides agree, but that does mean both sides need to agree. Most people should easily map into one of the new bands depending on what their current hour commitment is.
5. The five per cent band says up to 30 hours, is there a minimum number of hours? Can it be 0?
We would expect services to use this flexibility in a way most helpful to them. We expect 30 hours is likely to be the most frequently occurring 'minimum' level, but if an FRS wanted to offer a contract of less than 30 hours and that made sense and was helpful, this would be possible under the new RDS fee structure.
6. Will the NJC be suggesting a new preferred contract format?
No, we are not aware that there has ever been a national contract or preferred format stipulated from the NJC or National terms. Contracts are a matter for each FRA/FRS.
7. Should annual leave be pro-rated in line with bandings?
The new retainer fee bands make no change to the way that services currently organise annual leave for those on the RDS, so whatever you apply to your current arrangements for retained firefighters now – we expect that will continue in the new ranges.
The core provisions in the Grey Book concerning annual leave for retained firefighters are set out at Part C, paras 3-6.