The Fire Brigades Union (FBU) is seeking permission to appeal to the Supreme Court over the government’s proposed method of paying for the costs incurred by the McCloud ruling in relation to public sector pension schemes.

The FBU’s challenge to the cost control mechanism is supported by several other unions, including the Public and Commercial Services Union, the Royal College of Nursing, and Unite.

Since winning its legal case regarding changes to public sector pension schemes that were found to be age discriminatory, the FBU, alongside other unions, has been seeking to fight the use of the cost control mechanism in the courts.

The unions were granted a judicial review on the method, but this was dismissed by the High Court in March 2023.

They were then granted permission to appeal the High Court ruling, but this has been rejected by the Court of Appeal.

Therefore, the unions are now seeking permission to appeal to the Supreme Court over the government’s use of the cost control mechanism.

The FBU has argued that the mechanism passes on some of the costs of the McCloud remedy to members and that its use discriminates against younger members of the schemes who have no opportunity to take advantage of the McCloud remedy.

“The Fire Brigades Union is seeking to take our fight against pension discrimination to the Supreme Court,” said FBU general secretary, Matt Wrack.

“We won a landmark challenge against pensions robbery in 2015, with unfair changes to public sector pensions ruled to be age discriminatory.

“Working people shouldn’t have to pay the price for the government’s mistakes. The FBU will pursue all avenues to win justice for our members.”

---