A CHARITY PROVIDING specialised care for disabled people has been ordered to pay over €20,000 to two healthcare assistants who brought separate cases against it.
Vanessa Byrne and Eileen Power brought successful cases alleging constructive dismissal against Cheshire Ireland’s centre in Waterford city, with the Workplace Relations Commission ruling in their favour following what were described as lengthy and flawed investigations on the back of both workers raising concerns and subsequent ‘vexatious complaints’.
Cheshire Ireland has now been urged to reform how it deals with staff who “raise complaints about wrongdoing”, according to a trade union representative for the former workers.
The service began operating in Ireland in the 1960s, having originally been UK based. It has 17 accommodation centres across Ireland.
Established in 2003, the Waterford centre provides accommodation and support in a purpose-built facility of 16 self-contained apartments to adults with physical disabilities and neurological conditions.
The past year has also seen Cheshire Waterford come under the microscope of the Health Information and Quality Authority (Hiqa).
Since January, the health regulator has carried out three inspections in a bid to reform the service, following concerns raised by its residents.
The charity told The Journal that it is working with the health watchdog to “address any areas for improvement that are identified as part of the Hiqa inspection process”.
It also said that anyone “receiving a service from Cheshire Ireland, and all staff of Cheshire Ireland are encouraged to raise any concerns in line with our process as per the Cheshire Ireland policy for the management of feedback, comments and complaints”.
The WRC heard claims that management at Cheshire Waterford had asked staff to “watch and follow” union representatives and provide information to allow bosses “to take them down”.
In both cases, the healthcare assistants alleged that there was verbal abuse towards service users by staff, which they raised with management but went unaddressed. The healthcare assistants told the WRC they felt they were then punished by management for raising the issue.
The charity told The Journal that it is working with regulators and has already began improving staffing issues that had been highlighted by the watchdog.
One worker, Vanessa Byrne, told the WRC that she had “signed an oath to protect vulnerable people” but alleged that “it’s not adhered to in Waterford Cheshire”.
Byrne, who had over 30 years experience in the sector, outlined in May how she felt devastated by the alleged “appalling treatment” from the charity over ‘vexatious complaints’ made against her. She was awarded €13,650 due to the dismissal.
Her colleague, Eileen Power, successfully took a case to the WRC against Cheshire Ireland for constructive dismissal and, in a new decision, was awarded €6,500 for loss of earnings.
She told the WRC she felt “extremely pressurised” by her employer seeking to “force her to give information” about issues within the centre and had concerns about “some things she witnessed” in the service.
Adjudicator Gaye Cunningham said it was “unacceptable” that Cheshire Ireland did not inform Power she was the subject of several “vexatious” complaints until a year after they were made.
Staffing
While the service’s management and staff were “at war with each other”, according to one of the healthcare assistants, there were also concerns from residents about their level of care.
As part of a Hiqa inspection carried out last January, nine of the 11 residents who met with inspectors “expressed their concern regarding levels of staff support” in the centre.
This was echoed by a resident who spoke to The Journal about the lengthy wait times to be able to go to bed, as they required assistance from staff.
Hiqa noted that residents had given examples of times they had to wait to receive care and support.
They also spoke of their “anxiety regarding their skin integrity or what may happen if they fell”, while another spoke of not having the physical skill to open doors and waiting for staff if they needed to move.
“Other residents spoke of how personal care such as showering had to be scheduled in advance and that this was often delayed if there was insufficient staffing,” the report said.
In a follow up inspection, published in June, Hiqa said a new roster had been implemented in the centre with revised allocation of hours to ensure staffing was appropriate to meet the individual assessed needs of the residents.
A further inspection is due to be released in the coming weeks, which Cheshire Ireland told The Journal will show that it has continued to improve the service following previous concern from Hiqa.
“We have and will continue to work with Hiqa and the HSE in all Cheshire Ireland designated services countrywide to address any areas for improvement that are identified as part of the Hiqa inspection process,” it said.
“We are grateful to all staff in the Waterford Cheshire service for their hard work and contribution to this positive outcome. We expect the final report from this inspection to be published by Hiqa in the coming months.”
When contacted, Hiqa said further inspection reports will be published in due course but added that it does not comment on individual designated centres.
In her sworn evidence in May, Byrne alleged she was asked by a member of management to “get information and watch and follow two [union officials in the workplace] to take them down” shortly after she began her job in 2019.
“I refused this. I walked away, I was in shock,” she told the WRC.
“I was asked to get information. There were two shop stewards, [I was told] to watch them, to follow them, they wanted rid of these two staff members.”
She said one of the men had “a mortgage, a wife and a family” and she refused to go along with the alleged request. Byrne alleged her hours were reduced as a result, and only restored after a complaint to a more senior member of management.
During the hearing, Cheshire Ireland said it had an obligation to treat serious complaints about Byrne, which were later found to be wrong and unfounded, extremely seriously.
Una Dunphy, a trade unionist who represented Power in her WRC case, said “proper, robust actions” were needed to prevent similar cases arising again.
Dunphy, who is also a member of the Waterford Council of Trade Unions, added that she was working with Power on bringing fresh cases to the WRC understood to focus on whistleblowing. Power’s case is due to take place next month.
“Not only were the workers treated badly but these were homes for people who were vulnerable,” she added.
When contacted, Cheshire Ireland said it was not in a position to comment as it still has time to appeal the WRC’s findings to the Labour Court. It has 42 days from the date of the decision of each case.
During the hearings, Cheshire Ireland’s HR representative Aidan Phelan said the group had treated allegations of wrongdoing and abuse in the service extremely seriously.
When asked about concerns raised by residents, Cheshire Ireland said it “actively encourages and welcomes feedback regarding service provision and is committed to continuous quality improvement” at its centres.
“Consequently, all persons receiving a service from Cheshire Ireland, and all staff of Cheshire Ireland are encouraged to raise any concerns in line with our process as per the Cheshire Ireland policy for the management of feedback, comments and complaints.
“Any members of the public, including media representatives, wishing to raise a concern or complaint in relation to or on behalf of a person/s receiving a Cheshire service are encouraged to do so by telephone or in writing via email or via our website.”
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