LCR23314

PARTIES:

DIVISION:

SUBJECT:

The retrospective payment of on-call allowance.

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 2 March 2026 in accordance with Section 26(1) of the Industrial Relations Act, 1990.  

A Labour Court hearing took place on 10 July 2026. 

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UNION'S ARGUMENTS: 

1. The matter before that Court relates to the retrospective payment of a historic differential of a previously resolved claim 

      2. The Union note that the Workers involved in this claim are willing to compromise with the Employer around the application dates of the retrospection 

EMPLOYER'S ARGUMENTS: 

1. The Employer argues that the claim for retrospection is a cost increasing claim, which therefore cannot be conceded under the Public Service Agreement. 

      2. The Employer maintains that no commitment was ever offered with regards retrospection. 

RECOMMENDATION:

The Union submitted that this dispute concerns on-call allowances paid to doctors working in Sexual Assault Trauma Units (SATUs). In 2020, the Union highlighted an anomalous situation whereby doctors in SATUs covering weekends were paid a lower rate than the rates paid during the week. There was ongoing engagement with the Employer, and new rates for cover were agreed in April 2021. The HSE was to produce a draft circular, and the new rates were to apply from September 2021.

In September 2021, the Union was informed that the Employer was engaging with the Department of Health and the Department of Public Expenditure and Reform. The Employer indicated that it was encountering funding difficulties and proposed that the issue would be considered as a claim under the sectoral bargaining process. The Union agreed to this, and it was agreed that the effective date would be 1 February 2022. However, the Department of Public Expenditure and Reform held that the claim was not encompassed by that process.

The wider dispute around sectoral bargaining went to conciliation at the WRC and subsequently to the Labour Court. The Employer confirmed at both that it would resolve this issue, and this was recorded in Labour Court recommendation LCR22841. The HSE ultimately rectified the issue, but only from June 2024, which was more than four years after the anomaly was brought to its attention. The Union is seeking that the new rate be backdated to 1 February 2022, as previously agreed.

The Employer submitted that, initially, it was unable to process the claim as it constituted a cost-increasing claim, and it believed it was precluded under the provisions of the existing Public Service agreement. The issue was included by the Union in a referral to the Labour Court in 2023, and in its recommendation the Court deemed this issue to be an exception to the other issues that could be dealt with under sectoral bargaining.

Following that recommendation, the Employer engaged in discussions with the Union with a view to resolving the issue. Agreement was reached on new rate, and that new rate was applied with effect from June 2024 by way of HSE Circular 012/2024. After the issuing of the circular, the IMO raised the issue of retrospection. The matter was referred to the WRC for conciliation, which took place on 5 November 2025, following which a joint referral was made to the Labour Court.

It is the Employer’s submission that the claim for retrospection is a cost-increasing claim and that there was never a commitment to retrospection.

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Discussion

The Employer submits that no retrospection should be paid. The Union’s position is that retrospection should be backdated to 1 February 2022, which was the original agreed date for implementation.

The Court, in Labour Court recommendation LCR22841, which issued on 19 October 2023, stated: “The Court notes the position of the HSE as articulated at the hearing in respect of the Sexual Assault Treatment Units (SATUs) — increase in on-call.” This reflected the commitment given by the HSE at the hearing to resolve this issue.

On that basis, the Court recommends payment of retrospection back to the date of the Labour Court recommendation, 19 October 2023.

The Court so recommends.

	Signed on behalf of the Labour Court
	Louise O'Donnell
AM	______________________
06/08/2026	Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Áine Maunsell, Court Secretary.