Ms Phil Ní Sheaghdha:

To be fair, we have a fairly well-established industrial relations procedure in the health service. If the employer had agreed to it, we would not have needed to refer it to the Workplace Relations Commission as an outstanding matter that is disagreed. That is because the employer has not conceded the point.

Interestingly on a previous matter, circular 33/2020 was introduced on 29 April but it did not apply retrospectively. From that point forward, one could have availed of it. It is important that as part of that circular, the HSE stipulated that managers should consider such requests in light of service requirements and the employee's particular circumstances.

Service requirements will always trump employee rights in the health service because there are not enough employees to begin with. When managers are faced with that dilemma, what does one think they will do? They are going to force their workers to take annual leave. In wording it in that way, the circular allows that type of mentality to apply. What we are saying is-----