IMO brings legal case over €250m consultant pay debt

Union claims HSE has unlawfully withheld pay rises due to consultants since 2009

The Irish Medical Organisation says it has started legal proceedings to secure the release of salary increases it says are due since 2009.

The IMO says the money is due under the terms of the 2008 consultant contract, but have been unlawfully withheld by the HSE over the past seven years.

The Health Service Executive will soon face a bill of €250 million-€300 million following successful legal action by hospital consultants over its failure to pay salary increases due since 2009, The Irish Times has reported.

Dr Peadar Gilligan, chairman of the IMO consultant committee, confirmed the union's plan to take a High Court case at the organisation's agm in Sligo.

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Responding to a report in The Irish Times which said the Attorney General is advising the Government the HSE action cannot be defended, he questioned why the HSE would “waste further taxpayer money by fighting this issue”.

‘Vigorously pursue issue’

“The IMO will vigorously pursue this issue and will proceed with legal cases to the High Court unless the matter is settled,” he said.

The issue arose after two consultants won their case against the cuts at the Employment Appeals Tribunal (EAT), creating a precedent that the HSE believes means it will have to reimburse as many as 2,000 consultants.

The HSE has appealed the EAT decision to the High Court but, according to sources who have been briefed on the matter, senior officials entertain little hope of success.

Dr Gilligan asked was it any wonder the HSE was struggling to recruit doctors given its record as an employer.

“Incidents like this feed the general crisis in morale amongst Irish doctors and directly contribute to the current exceptionally high emigration levels amongst Irish doctors.”

Paul Cullen

Paul Cullen

Paul Cullen is a former heath editor of The Irish Times.