Healthcare Workers

HEALTHCARE WORKERS AND LOSS OF EARNINGS DUE TO REDEPLOYMENT

We have been contacted by many Health Care Workers (HCWs) who have been redeployed following completion of Risk Assessments and/or non-completion of Risk Assessments.

We refer to our previous posts on this issue and to the steps HCWs can take to challenge redeployment on the basis that this is a unilateral variation of their Contract of Employment and that there is no legal basis under The Safety, Health and Welfare at Work (Biological Agents) Regulations 2013 ( S.I. No. 572 of 2013) as extended to process sensitive health data pertaining to vaccination status. A HCW can instigate the formal grievance procedure in the first instance and/or issue a case to the Circuit Court for Breach of Contract.

In addition, many HCW’s are now on reduced earnings due to redeployment as they have lost out on regular overtime/overnight/weekend premiums etc.

WHAT CAN A HCW DO ABOUT LOSS OF EARNINGS?

We refer to the most recent HSE Redeployment Policy (HR Circular 069/2020).

The ‘POLICY AND PROCEDURE REDEPLOYMENT OF STAFF DURING COVID-19 INFECTION REVISED NOVEMBER 2020’ at Page 4 states:

‘Redployed staff shall receive payment as set out in HSE CERS Memo 13/2020 attached as per Appendix 2’

APPENDIX 2 STATES:

‘Re: Redeployment Policy – section 5.1

Ref: CERS 13/2020

Date: 27th March 2020

I wish to confirm that any staff member who has traditionally additional regular and rostered earnings, this should be considered, as part of that provision. This can be calculated as an average, over the preceding 6 week period, prior to the 20th March, provided that is reflective of regular earnings, this can be adjusted to take in to account a period of absence, where the figure may not be a true reflection.’

A HCW has a number of options. He/she can issue a formal internal grievance to his/her workplace on the grounds that the most recent Redeployment Policy stipulates that a staff member should receive regular and rostered earnings as part of the redeployment provision.


Email us on lawyersforjustice@yahoo.com for further assistance


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