The landmark decision paves the way for retained firefighters in Fire and Rescue Services across the UK to have access to the Fire Service pension scheme.

By a majority decision, the Law Lords upheld the appeal brought by the Fire Brigades Union (FBU) in relation to rights for over 18,000 Retained firefighters across the UK.

The Law Lords said that retained and whole-time firefighters are employed on the same “type of contract”.

And that an earlier Employment Tribunal (ET) which rejected the Fire Brigade Union’s case, had focussed too much on differences rather than similarities in part and full time jobs.

The decision means that tens of thousands of part-time workers will be able to use the new Part-Time Workers Regulations to compare their work with that of full-time colleagues.

The case centres on the exclusion of retained firefighters from the Firefighters’ Pension Scheme and worse treatment under the sick pay scheme. They claimed they were being treated differently because they are part-time workers and that this was unlawful.

The FBU, which backed the test case throughout, says this case will secure fairness and justice for every retained firefighter in the country. Without retained firefighters most areas of the country would not have a full fire service and some would have none at all.

The UK has around 15,000 retained firefighters typically employed outside main urban centres “on call” for between 120 and 168 hours a week. They are employed on the basis that they have other jobs but have to work or live close to the fire stations where they are “retained” so they can respond quickly to emergencies.

The test case was taken by 12 retained firefighters, 6 from Kent and 6 from Berkshire. 

FBU General Secretary Matt Wrack said: “This decision confirms what we have always said. That retained firefighters are first class firefighters and should not be given second class employment rights. They have worked in the front line at almost every major incident. Huge areas of this country rely on retained firefighters and when the public are being rescued they don’t stop to ask your employment status.

Union solicitor Richard Arthur said: “The FBU fights discrimination on all fronts. This case should mean that retired firefighters will get the pension and other conditions they deserve. The FBU is the only union in the fire service capable of delivering these results for retained firefighters.”

The union was represented by leading employment lawyers Thompsons Solicitors, Robin Allen QC and barrister Martin Seaward.