Beginning in 2014, more than 700 Consultants initiated legal proceedings against their employers – either the Health Service Executive (HSE), a hospital or agency funded by the HSE or an agency funded by the Department of Health; the Department of Health, Department of Finance and the Department of Public Expenditure and Reform alleging a failure to pay remuneration and/or pension entitlements in accordance with the terms of their contract of employment, the Consultant Contract 2008.
A significant number of the Consultants taking proceedings are members of the Irish Hospital Consultants Association or the Irish Medical Organisation.
In November 2016 the High Court directed that ten cases should progress as “Lead Cases”.
On 15 June 2018 a settlement was reached with the Lead Cases and the agreement reached was recorded in Terms of Settlement.
Both (a) Consultants who issued legal proceedings and (b) certain Consultants who did not issue proceedings may be eligible to avail of the benefit from the Terms of Settlement.
The Guidance document is available here.
The Prescribed Form for completion by non-litigating Consultants is available here. Litigating consultants will receive communications and a form directly through solicitors.
A sample letter, which may be sent to non-litigating consultants in certain cases, is available here
Please note that completed application forms must be submitted by 14th September 2018 to firstname.lastname@example.org