IMO to challenge HSE cost-cutting measures for junior doctors

The Irish Medical Organisation and several junior doctors have been granted High Court permission to challenge what they claim is a breach of contract by the Health Service Executive over an attempt to introduce a number of cost saving measures including the reduction of overtime rates.

The Irish Medical Organisation and several junior doctors have been granted High Court permission to challenge what they claim is a breach of contract by the Health Service Executive (HSE) over an attempt to introduce a number of cost-saving measures including the reduction of overtime rates.

Today Ms Justice Mary Laffoy granted Dr's Orla Neylon, Aisling Snow, Darragh Shields, Michael Barrett, Waqar Ahmed, Patrick Kelly, who are all non-consultant hospital doctors (NCHD) and the IMO permission to seek an injunction preventing the HSE from implementing a number of proposals outlined in a letter sent to the IMO at the end of January. Ms Justice Laffoy made the matter returnable to Friday.

The HSE's proposals include reduction of overtime rates for NCHD's, the suspension of the Training Grants, the discontinuance of various allowances, that the HSE would no longer permit attendance at in-house courses to be calculable for remunerative purposes, and the introduction of an unpaid meal break for all NCHD's.

The IMO and the doctors claim that the proposals are a manifest and unilateral alteration of their contracts of employment.

It is further claimed that the proposed changes are impractical and will damage the functioning of the various departments in the hospitals where they are working.

In their proceedings the doctors, who are all members of the IMO, are seeking a declaration that the implementation by the HSE of proposals contained in a letter sent on January 30 last would constitute a breach of their contracts of employment and would be unlawful.

Yesterday at the High Court, counsel for IMO and the Doctors Michael Cush SC said that earlier this year the HSE's had put forward proposals that are "cost-saving measures". Counsel said that his clients are seeking an early hearing of the action.

Counsel said that the doctors are employed on training schemes at various hospitals in Ireland. They are on rolling contracts which end on various dates including June 30 next to the end of June in 2011.

Counsel said that under there existing contracts Doctors have a 39-hour working week, and are required to work overtime.

In their contracts it is stated that the first fifteen hours of overtime are paid at a rate of time plus ¼. Any other overtime is paid at a rate of time plus ½.

Counsel said that one of the proposals was that the first nine hours of overtime would be paid at a flat rate. Counsel said that amounted to an extension of the doctors working week by nine hours.

Counsel added that his client's action is being supported by letters from two consultant doctors, who say that the HSE's proposals will "cause havoc".

Counsel said that there had been communication with the HSE about the proposals, and the prospect of seeking an injunction was raised.

The HSE, counsel said, had denied that the proposals amounted to a breach of contract.