LCR23295

PARTIES:

DIVISION:

SUBJECT:

A joint referral of a dispute concerning a (i) €0.38 differential for long serving team members, (ii) a theatre rate premium and (iii) a Sunday premium.

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 9 December 2025 in accordance with Section 26(1) of the Industrial Relations Act, 1990.

 A Labour Court hearing took place on 3 July 2026.

RECOMMENDATION:

The matter before the Court is a joint referral by the parties in a dispute about (i) pay differentials for long serving team members, (ii) a theatre premium rate and (iii) a Sunday premium.

This dispute relates to 23 SIPTU members who are cleaners based at Beaumont Hospital. The matters in dispute were the subject of three conciliation conferences held under the auspices of the WRC.

Union Arguments:

Long Service Differential

The Union, on behalf of their members, seeks restoration of an historic pay differential of €0.38 for 18 long-serving staff. The differential was an established element of pay for long-serving employees that recognises their experience and service within the Hospital. The erosion of the pay differential has resulted in clear pay compression whereby experienced workers are paid at or near the rate of newer entrants. Restoration is required to protect members earnings and restore fairness within the pay structure.

Theatre Premium

The Union seeks the reinstatement of a premium rate for workers assigned to cleaning duties within the operating theatre environment. Members who work in theatres are required to work in a significantly more controlled and demanding environment which involves strict infection prevention and control measures, high levels of responsibility and increased precision in a clinical setting.  Work in theatre has intensified, as members are now required to handle sharp bins, exposing them to materially higher level of risk and potential injury from hazardous clinical waste.

Sunday Premium

A Sunday Premium of a double time pay rate for Sunday work is fully justified.  Sunday working places a significant burden of members and disrupts family and personal life.  The existence of double time arrangement for comparable workers employed by the company on the same site demonstrates that such a premium is already an established practice.

Company Arguments:

Long Service Differential

The historical differential ceased in or around 2012, and rates across the contract now align with Employment Regulation Order (ERO) rates. There is no current policy within the company providing for service-related pay.  Reinstating such a differential would create inconsistency and inequity across the workforce. The Union’s claim for a long service pay differential is unnecessary, given the forthcoming ERO proposals provide for the introduction of long service leave entitlements. A sector wide, collectively negotiated approach to long service recognition, ensures that that long service recognition is applied consistently across all employers, without distorting wage structures.

Theatre Premium

The role of a cleaning operative assigned to theatre areas does not constitute a distinct role requiring a separate rate of pay. While the environment differs, the core duties remain those of a cleaning operative. Any historical payment of a theatre rate for (under a prior contractor) was not preserved as a contractual entitlement and rate has eroded over time. The company does not pay an enhanced theatre work rate of pay in other hospitals across the country. The absence of a theatre-specific rate within the ERO framework further supports the position that no industry-wide recognition of such a premium exists. Concession of the claim would have knock-on implications for other cleaning carried out in a hospital setting.

Sunday Premium

At present, two Sunday premium arrangements exist for employees on this contract: 1⅔ (time plus two-thirds) for red circled workers (18 workers) and 1⅓ (time plus one-third) for all other employees. Current arrangements reflect legacy terms that have been appropriately preserved where required for certain cases. Newer entrants are engaged on terms aligned with industry norms. A Sunday premium is not provided under the ERO framework for the sector.  Current Sunday premium rates should remain as currently structured, reflecting a legitimate distinction between legacy and new entrant terms, aligned with sectoral norms and previous Labour Court recommendations. They do not warrant harmonisation at the higher rate sought by the Union.

Recommendation

The claims before the Court relate to 23 workers employed by the company as cleaning operatives at a client hospital site. 

Pay Differential

The Court notes that the legacy arrangements in place reflect that 18 longer-serving workers appropriately maintained certain terms and conditions of employment on a “personal to holder” or “red circled” basis on foot of a transfer of undertakings when there was a change of contractor at the client site. As frequently happens in such cases, the pay differential between those longer-serving workers on preserved benefits and new entrant has eroded over time. The Court is of the view that the existence of legacy arrangements in this case do not provide a basis for maintaining or reintroducing a differential between the two cohorts of workers.

Theatre Rate

The Court notes that workers are not required to handle “sharps” or other dangerous materials. Based on the submissions made, the Court can find no basis for the introduction of a special theatre rate for cleaning work carried out in an operating theatre environment.  The Court notes the limited engagement between the parties in relation to the outputs of an Infectious Control and Risk assessment carried out in the Operating Theatre environment. The Court recommends that the parties would benefit from further engagement on that matter.

Sunday Premium

Arising from the legacy arrangements in situ, a differential in pay for Sunday working remains in place for longer serving workers. Having read the submissions and listened carefully to the oral submissions on the day, the Court does not recommend any change to the current Sunday Premium arrangements.

Having regard to the above, the Court cannot recommend concession of the Union’s claims at this time.

The Court so recommends.

	Signed on behalf of the Labour Court
	Katie Connolly
AM	______________________
06/07/2026	Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be in writing and addressed to Ms Áine Maunsell, Court Secretary.