THE HEALTH Service Executive (HSE) has given undertakings to the High Court not to alter the conditions of junior doctors pending the outcome of a legal challenge to cuts in their overtime and allowances.
The undertaking was given after the court heard yesterday that the HSE had stated earlier this week it intended to proceed with some measures and had advised at least one hospital to proceed with certain measures.
Eoin McCullough SC, for the Irish Medical Organisation (IMO) and six junior doctors, said the HSE had sent a letter to his clients on Thursday last stating it was intended to proceed with some of the proposed changes, including to training and lunch break allowances.
A second letter from the HSE also stated Beaumont Hospital had been advised to go ahead with these changes, counsel said.
Mr McCullough said these communications came despite the HSE having previously undertaken to the High Court not to implement the changes pending the hearing of proceedings.
Anthony Collins SC, for the HSE, said there had been “something of a breakdown in communication” but an instruction had now been sent out to ensure the High Court undertaking was complied with. Ms Justice Mary Laffoy said the undertaking is to remain in place pending the outcome of the April 28th hearing of the application by the IMO and the doctors for an injunction restraining the measures being implemented.
The HSE has denied claims by the doctors and the IMO that the changes represent a breach of contract by the HSE, are impractical and will damage the functioning of hospitals. The six non-consultant hospital doctors are: Orla Neylon, Aisling Snow, Darragh Shields, Michael Barrett, Waqar Ahmed and Patrick Kelly.
The HSE’s proposals affecting their conditions were outlined in a letter sent to the IMO at the end of January. The proposals involve a reduction of overtime rates, suspension of training grants, the ending of various allowances and an unpaid meal break.
Under existing contracts, doctors have a 39-hour working week and are required to work overtime. It is claimed the new proposals involve an extension of the working week by nine hours.