Hospital Pharmacist Wins €20,000 for Discrimination Over Promotion

A hospital pharmacist has been awarded €20,000 after the Workplace Relations Commission (WRC) ruled she faced discrimination for being excluded from a promotion due to her part-time work status. Marie Ronan, employed by the Health Service Executive (HSE) since October 2008, became a senior clinical pharmacist in 2015 on a job-share basis.

In 2024, the HSE advertised a position for an advanced pharmacist specialist. Ms. Ronan, who has over 15 years of experience, believed she met the qualifications due to her extensive background in the specialist area of antimicrobial stewardship. However, her application was rejected because she did not meet the requirement that at least 50 percent of her work within the specialist field must have been conducted over a two-year period in a full-time role.

During the WRC hearing, it was revealed that Ms. Ronan had significantly more than the minimum required experience but had accumulated it over a longer timeframe due to her part-time status. She argued this should have qualified her for consideration. The HSE maintained that the requirements, developed by a panel of experts, were necessary and had been discussed among various industrial relations groups within the organization.

Ms. Ronan contended that the criteria were indirectly discriminatory, particularly towards part-time workers, most of whom are women. She stated that the requirements effectively barred her from applying, despite the HSE acknowledging her as “a long-standing, well-qualified and highly-regarded member of staff.”

In his ruling, WRC adjudication officer Brian Dolan noted that while employers can justify provisions that might be seen as indirectly discriminatory, the HSE had failed to do so in this case. He questioned the rationale behind excluding applicants based on experience aggregated over a longer duration, which could provide equal qualifications for the role.

Dolan awarded Ms. Ronan €20,000, taking into account potential lost earnings and the need to deter similar discriminatory practices in the future. Additionally, he mandated that the HSE review its minimum criteria for the advanced pharmacist specialist position and engage with Ms. Ronan to discuss the outcomes of this review.

This case highlights ongoing discussions regarding the treatment of part-time workers and the importance of equitable access to career advancement opportunities within the healthcare sector.