LCR23164

PARTIES:

DIVISION:

SUBJECT:

Referral under section 26 (1) of the Industrial Relations Act.1990 .

BACKGROUND:

This dispute could not be resolved at local level and was the subject of a Conciliation Conference under

the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was

referred to the Labour Court on 02 May 2025 in accordance with Section 26(1) of the Industrial Relations Act, 1990.

RECOMMENDATION:

The dispute between the parties arises from a requirement by management at the conclusion of negotiations, that increases for one cohort of Workers i.e paramedic grade, be phased in.

In 2018 HSE SIPTU and UNITE agreed to commission an independent review and examination of EMT, Paramedics and Advanced Paramedic in respect of roles within the National Ambulance Service (NAS).  Following negotiations a set of proposals were put to the Unions in late 2023 but were rejected due to a number of concerns over the proposed pay scales. Following this rejection, it was agreed to remain in process, and this was reflected in the current PSA which provides for the parties remaining in a process to conclude the Roles and Responsibilities Review of NAS. 

It was agreed in June 2024 to refer the matter to the Workplace Relations Commission (WRC). Due to management not having a proposal to put to the Unions, conciliation did not happen until 10 December 2024. Following intensive discussions at conciliation the parties were close enough for a draft proposal to emerge.

On 1 May 2025 the parties met as the Unions understood it, to conclude negotiations. However, at that meeting the Employer stated they could only agree to the new pay scales if they were phased in over a number of years. This was the first time this issue had been raised. It was also made clear that the operational changes were not to be phased.   No payment date for the revised pay scales was put forward or any details of the proposed phasing. It was raised by the Union that phasing of the pay could result in workers taking a drop-in take-home pay. 

As no agreement could be reached on this issue and as all other issues had been resolved the issue of the implementation of the new scales was referred to the Court.

This Labour Court recommendation is to be read in conjunction with WRC report of 2 May 2025.

At the Labour Court hearing, the Union stated that they were seeking retrospection arising from the delay by the Employer in concluding these discussions. They also indicated that they were totally opposed to the phasing in of the new pay scales. This had only been tabled at the last minute and the proposals that emerged had been agreed on the basis that the new pay scales would be applied in full of a specified date.

In their submission to the Court, the Employer stated that they were looking for phasing of the new pay scales for the paramedic grade only and were looking for them to be phased between August 2025 and January 2028. They confirmed that they still expected the productivity changes agreed to be implemented immediately and not phased.

The Court spoke to the parties separately to get a better understanding of the issue. It became clear to the Court that all the issues including the full payment of the pay scales were linked together and that it was not reasonable or practical to separate them.

The Court put it to the Employer that if they wanted to phase the payments this should have been flagged early in the process. The insistence on phasing and the way it was introduced meant that the parties probably needed to go back to the drawing board and renegotiate the proposals based on a shared understanding that any new pay scales would have to be phased in for the paramedic grade, which is by far the largest cohort of workers covered by the proposals. 

The Employer after taking some time to consider the issue informed the Court that while they were still wedded to a phased payment, they acknowledged the difficulties that the Court had highlighted.

The Court having spoke to the parties both jointly and separately does not recommend any retrospective payment. 

The Court recommends that subject to the acceptance of the WRC proposals, the new pay scales contained in same should be introduced for all staff from 1 August 2025. For the avoidance of doubt that it is implemented in full for all grades covered by the proposal from that date.

The Court so recommends.

	Signed on behalf of the Labour Court
	Louise O'Donnell
AL	______________________
15 July 2025	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Amy Leonard, Court Secretary.