FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HEALTH SERVICE EMPLOYERS AGENCY - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Carberry Worker Member: Mr. Somers |
1. Pay and grading of Family Therapists
BACKGROUND:
2. There are currently a large number of distinct therapeutic approaches in counselling and psychotherapy used by various grades in the health service. The provision of family therapy /psychotherapy services have evolved in a diverse and ad hoc manner over the years. The workers providing these services have varying professional backgrounds in the health service, such as nursing, social work and other therapy grades,and payment varies accordingly. There does not currently exist a separate grading structure for any category of psychotherapist in the health service.
The claim before the Court is for formal recognition of the profession of Family Therapist nationally and an acceptance by health employers of the clinical autonomy of the Family Therapist. The Union also seek the introduction of a pay and grading structure for the staff concerned. The Union estimates the numbers of staff affected by the claim to be in the region of sixty to seventy workers.
The issues could not be resolved at local level and were the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement could not be reached, the dispute was referred to the Labour Court on the 3rd of October, 2003, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 16th of January, 2004.
UNION'S ARGUMENTS:
3. 1. Currently Family Therapists are employed on a wide range of terms and conditions leading to huge discrepancies between health boards or other health agencies and even among staff employed in the same board or agency.
2. The Union contends that this group of workers have a legitimate right to have a common rate of pay for their highly qualified and skilled work.
3. It is indefensible that health agencies would advertise Family Therapy posts and services and fail to strike an agreed rate of pay for the job.
4. As new posts, because there has never been a rate of pay struck, they must be
seen as exempt from the bar on cost increasing claims.
MANAGEMENT'S ARGUMENTS:
4. 1. The Union's claim for pay parity with psychology grades is a cost increasing claim and is thus precluded under the provisions of "Sustaining Progress".
2. The level of pay increase being sought by the Union would, if conceded, see the staff concerned accessing pay increases of amounts from 29% up to in excess of 100%, depending on the individuals current salary.
3. Concession of such claims would inevitably lead to follow-on claims from other groups providing a range of psychotherapy intervention.
4. A review group of Health Board CEO's is currently meeting to examine the potential role of Psychotherapists in the health services. It is due to report in two months time.
RECOMMENDATION:
This case has raised significant questions concerning the delivery of Family Therapy services in the Irish Health Service.
In the Court's view the first question which must be addressed is whether or not the practice of Family Therapy should be accorded the status of a separate profession or occupation. That requires, in the first instance, a common understanding between the parties as to the nature of the service encompassed by the term and the training and qualifications necessary for its delivery. There is then the issue of whether it is appropriate to deliver the service through professionals specialising in this field or as part of the service associated with other disciplines. These are not questions that the Court could satisfactorily answer at the time.
It is noted that a review of psychotherapy services is currently underway and is due for completion within two months. When this review is completed a working group comprising Union and Management representatives should be established for the purpose of carrying out a detailed study of Family Therapy services so as to establish whether it should be designated as a separate profession within the Health Service. The Court recommends that this process should be commenced not later than the end of June, 2004. The terms of reference should be agreed between the parties and they should have such external assistance as may be necessary to properly and expeditiously conduct the review.
The question of an appropriate salary scale would only arise if and when it is decided to designate a new autonomous grade of Family Therapist.
Signed on behalf of the Labour Court
Kevin Duffy
26th January, 2004______________________
M.G.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.