A number of senior executives within the health service are taking cases against the Department of Health over pay, BBC News NI has learned.

Deputy First Minister Michelle O’Neill could be called to testify against the department.

The former health minister may have to provide evidence as to why pay awards were not granted during her tenure.

While a total of 71 people are involved in the pay dispute, 18 people have served writs on the department.

A spokesperson for Ms O’Neill’s party, Sinn Féin, said that as health minister she introduced a “1% consolidated pay increase in 2016/17 for health service workers, which was in line with the 1% pay increase in England for that year and in line with the 1% public pay policy cap which was then in place”.

A spokesperson for the Department of Health (DoH) told the BBC it is aware that there are several outstanding pay awards to be made to senior executives.

The spokesperson said: “In order to progress these, discussions were held earlier this year between officials and trades unions, which resulted in an offer of settlement containing two proposals for consideration being made on 30 June 2020.

“The department did not receive a formal response to the offer, or either proposal, other than the serving of writs.”

The statement said that as the matter is now subject to ongoing litigation, it would not be appropriate to comment further.

It is understood most of those involved have been successful in grievances they took against their employer over pay.

Despite that, according to sources, the DoH is refusing to honour pay increases, including keeping pace with the annual rate of inflation dating back four years.

The staff are not employed under the terms and conditions of the current NHS grading pay system, Agenda for Change, but rather under a ‘senior executive’ pay system.

‘Undervalued and demoralised’

While the executives are entitled to have their salary scales reviewed annually, under their contract of employment this has not happened since 2016 for the year 2014/15.

One director, who wished to remain anonymous, said while they “accept we have a very good salary, it is unacceptable that many have not had any pay increase in some six years, which has resulted in some earning less than assistant directors who were employed under a different contract”.

“Like everyone in the health service, we are all working extremely hard and leading teams through the current pandemic,” they said.

“Like others, we are working additional hours, but currently feel undervalued and demoralised.

“We are only asking for what we are entitled to and we should not have to go through the courts to get it.”

It is understood negotiations involving union representatives and the DoH permanent secretary Richard Pengelly have so far failed to reach agreement.

NI’s health unions, including Nipsa, Unite and the Royal College of Nursing, are involved collectively in the action against the DoH.

The 18 people who have started legal proceedings include some of the most senior people within health trusts and organisations such as the Business Services Organisation, the regulatory body the RQIA and the Patient Client Council.

Pay among health and social care staff remains an ongoing issue.

Last year, nurses said they had no option but to take to the picket lines over pay. Since then, doctors, dentists and now senior health executives are all voicing concern and pursuing pay deals.

The problem is Northern Ireland’s financial cake isn’t getting any bigger.

One source said while there is an acknowledgement that executives are well paid, NI cannot attract staff to work locally as the pay is much better elsewhere.

In a statement, Nipsa, which represents a majority of the 18, told the BBC that as “legal proceedings have started, we are not in a position to comment further”.