HSE forced to employ hundreds more staff

HEALTH service bosses are facing the prospect of having to staff hundreds of agency workers after the Labour Court ruled their employment on a continuous temporary basis was in breach of national agreements.

The ruling presents a serious dilemma for the Health Service Executive (HSE) which has been on a drive to reduce the numbers of permanent staff and has been actively discouraging hospitals and health managers from recruiting.

Health chiefs played down the implications last night, saying only that they were examining the ruling and the Labour Court’s recommendations and were doing so against the background of employment ceilings and funding restrictions.

That could mean uncertainty for some of the workers involved, however, as they may fall foul of caps on recruitment. As it stands, even those for whom the Labour Court has said permanent positions should be created will have to re-apply for the positions in open competitions with outside applicants.

The ruling arose from a case brought against the HSE West region by the IMPACT trade union on behalf of 70 agency staff at University College Hospital Galway who were employed on a continuous basis but without permanent appointments and the benefits that permanency brings.

IMPACT argued that the practices breached the conditions laid down in two national partnership agreements, Towards 2010 and its predecessor, Sustaining Progress, and asked for the agency workers to be given permanent status.

While 70 staff are currently affected at the hospital, the Labour Court heard that the HSE West had been employing as many as 150 agency workers for several years because of a recruitment cap imposed by then finance minister, Charlie McCreevy, in 2002.

In a statement, the HSE said it understood that the ruling referred “specifically to the old Western Health Board” which existed in 2002 prior to the reorganisation of the boards into the current HSE structures.

IMPACT, however, said it believed the decision had national implications as other health boards were also prevented from recruiting staff during that period and similarly got around the cap by using agency workers. Up to 500 workers are believed to be affected.

IMPACT industrial official Denis Rohan said most of the workers were in clerical and administrative roles but some were in clinical posts.

“What we need to do now is engage in discussions with the HSE with regard to putting the process in place as recommended by the Labour Court,” he said.