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HSE Agency worker terms

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  • 17-01-2021 11:30pm
    #1
    CrabRevolution
    Registered Users Posts: 2,818 ✭✭✭


    I work across a small few healthcare facilities and have a colleague in a situation that I'm sure he's being wronged. As background, he is a HCA working for an agency but is effectively full time in one Regional Hospital.

    Recently he completed 3 years working at his current grade, and his increment came due. I informed him that under the public sector agreement 2018 as a "new entrant" I'm pretty sure is entitled to skip step 4 on the salary scale and move straight to step 5. He was unaware of this and asked his Agency. They responded saying they had yet to receive guidelines from the HSE on this and until then couldn't apply the skip for him.

    Now considering the agreement was published in September 2018, it's a blatant lie that the HSE somehow haven't formulated a position on this 2 and a half years later-it's either yes or no. To me it seems they've just decided not to give an answer so as to avoid having to pay.

    After some googling I see there is the Temporary Agency Work Act which makes it the law that agency workers must be given the same terms and conditions as directly hired staff, and the HSE has already been stung with this before and had to pay back pay to agency staff.

    Before I advise him to push any further, can anyone point out something I'm missing? Am I missing some law or condition that states that agency workers in his position are allowed to be discriminated against? He's not Irish and as an agency worker he's especially nervous of rocking the boat in case he's just not given any more shifts, so wants to be on solid ground.


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    #2
    Diceicle
    Registered Users Posts: 1,799 ✭✭✭Diceicle


    Has he asked HSE National HR?


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    #3
    CrabRevolution
    Registered Users Posts: 2,818 ✭✭✭CrabRevolution


    Diceicle wrote: »
    Has he asked HSE National HR?

    Could be his next step, but I was hoping someone here might have a bit of knowledge I could pass on to him.
    Though I can only imagine he'll either get "Well technically you don't work for us so it's not our issue" or maybe "We're producing updated guidance, bear with us".


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    #4
    Mrs OBumble
    Registered Users Posts: 25,765 ✭✭✭✭Mrs OBumble


    He needs to join a union and get them to push it: as noted, if he does then his shifts may be cut, and HSE HR are unlikely to talk to hi.


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