The Fire Brigades Union, R (On the Application Of) v South Yorkshire Fire And Rescue Authority

The Fire Brigades Union, R (On the Application Of) v South Yorkshire Fire And Rescue Authority

The CPC shift system as operated by the Authority breaches regulation 10 of the Working Time Regulations 1998 by failing to provide the required daily rest periods and does not fall within any exception or provide adequate compensatory rest. The Authority's continued use of CPC is unlawful and cannot be justified by reference to budgetary constraints or public safety. Relief is granted in the form of a declaration of unlawfulness but not quashing of the IRMP.

Parties
Claimant: Fire Brigades Union; Defendant: South Yorkshire Fire and Rescue Authority; Interested Party: South Yorkshire Fire and Rescue Service
Jurisdiction
England and Wales
Judgment Date
25 May 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application allowed in part
Legal Topics
Working Time Regulations, Collective Agreements, Judicial Review, Employment Rights, Rest Periods, Night Work, Public Law Remedies
Employment Law Administrative Law Labour Law Health and Safety Law Working Time Regulations Collective Agreements Judicial Review Employment Rights +3 more

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Parties

Fire Brigades Union

Claimant

South Yorkshire Fire and Rescue Authority

Defendant

South Yorkshire Fire and Rescue Service

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Close Proximity Crewing (CPC) shift system breaches the Working Time Regulations 1998, specifically regulations 6 and 10
  2. 2 Whether the Authority is precluded from challenge for procedural or discretionary reasons
  3. 3 Whether relief should be granted and in what form

Ratio Decidendi

The CPC shift system as operated by the Authority breaches regulation 10 of the Working Time Regulations 1998 by failing to provide the required daily rest periods and does not fall within any exception or provide adequate compensatory rest. The Authority's continued use of CPC is unlawful and cannot be justified by reference to budgetary constraints or public safety. Relief is granted in the form of a declaration of unlawfulness but not quashing of the IRMP.

Court Disposition

Application allowed in part

Orders

  • Declaration granted that the Authority’s CPC shift system is contrary to the rights of firefighters under regulation 10 of the Working Time Regulations 1998 who are employed by the Service and work that shift system.
  • No order quashing the IRMP.