|[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]|
England and Wales High Court (Queen's Bench Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Vickers v London Fire & Emergency Planning Authority  EWHC 1855 (QB) (21 July 2010)
Cite as:  EWHC 1855 (QB)
[New search] [View without highlighting] [Printable RTF version] [Help]
QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| BEN VICKERS
|- and -
|LONDON FIRE AND EMERGENCY PLANNING AUTHORITY
Naomi Cunningham (instructed by Keith Minear, In House Head of Legal and Democratic Services) for the Defendant
Hearing date: 14 July 2010
Crown Copyright ©
The Honourable Mrs Justice Sharp DBE:
"As with all other units in a role map, a fire and rescue authority can require an employee to carry out driving duties. Where the fire and rescue authority does not require an employee to drive or, for genuine reasons, the employee is unable to drive he or she shall be regarded as competent in the role subject to having demonstrated competence in all other applicable functions in the role map." [emphasis added]
"1. …the roles [of fire and rescue service employees] used shall be as the fire and rescue authority considers necessary and specific activities within those roles will be determined by the authority [employer] to meet the local needs of the service based on risk.
Competence and pay
Rates of pay are based on defined stages of development leading to demonstration of competence in the employee's role. These stages are:
For the roles of Firefighter and Firefighter (Control) the training stage is the point at which an employee is in full-time training and is not yet performing the role in its appropriate context. An employee in this position will receive the trainee rate of pay.
The development stage is where an employee is working under supervision in the role and is being assessed against the different functions that make up that role. An employee at this stage, before demonstrating competence in the full requirements of the role, will receive the development rate of pay.
After all applicable functions have been assessed as having been achieved, the employee will have demonstrated 'competence' in his or her role and will receive the appropriate competent rate of pay…
5. Fire and rescue authorities can use whichever roles they consider necessary. Specific activities within roles will be determined by the authority to meet the local needs of the service based on its integrated Risk Management Plan…
6. The units of competence that form each of these roles are laid down in the NJC document – Fire and Rescue Services Rolemaps. Fire and rescue authorities can require any reasonable activity to be carried out by an individual employee within his or her role map. These role maps reflect fire and rescue service responsibilities incorporated into local integrated Risk Management Plans…"
"…the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract….The meaning which a document (or any other utterance) would convey to a reasonable man is not the same thing as the meaning of its words. The meaning of words is a matter of dictionaries and grammars: the meaning of the document is what the parties using those words against the relevant background would reasonably have understood them to mean. The background may …enable the reasonable man to choose between the possible meanings of words which are ambiguous…" (per Lord Hoffman, Investors Compensation Scheme Ltd v West Bromwich Building Society  1 WLR 896 at 912-913).