The Bermuda Public Services Union is set to take legal action after hospital chiefs suspended eight staff for demonstrating.

The BPSU said King Edward VII Memorial Hospital bosses are victimising union representatives and medical social workers for Monday's lunchtime protest outside the emergency ward.

But the action did not deter a further protest yesterday as more than 100 hospital staff voiced their support.

Bermuda Public Services Union (BPSU) President Nigel Pemberton said a public inquiry needed to be held into the problems at the hospital.

Asked about the suspensions he said: “Unheard of, it's unbelievable. This looks like a union busting tactic.”

Five social workers were given two-day suspensions on Tuesday while three union officials were suspended for five days.

King Edward VII Memorial Hospital chief executive officer Stephanie Reid refused to say why the union officials had been punished more severely.

She said: “I would love to go into detail but I will reserve some of what I have to say now until I have spoke to the president of the union. But there is no victimisation.”

Asked if yesterday's demonstrators would be similarly punished Mrs. Reid said: “There has been a demonstration?

“I was off site at another meeting at the Ministry of Labour. I have not been updated on that demonstration.”

Pressed further on possible punishment for yesterday's demonstrators she said: “I will have to work with the human resources department on these matters.”

Monday's protest had been sparked by plans to disperse the social workers around the hospital and make them share offices with other staff - move which would break down client confidentiality according to the social workers.

One told The Royal Gazette: “We talk about adoptions, domestic abuse, HIV, suicides and depressions.”

Asked if the suspensions had been too draconian Mrs Reid said: “We have had incidents in the past and we didn't take action.

“I believe we all have to look at the rules and try to respect those parameters on both sides.”

Human Resources Director Scott Pearman said the board became concerned because the social workers were picketing on hospital grounds.

He said they broke the Labour Relations Act of 1975 by not notifying the labour relations officer or giving 21 days' notice as was required by essential service workers.

He said: “The public asked why, if you are an essential service, is this taking place?”

The union say it was not industrial action but a lunchtime show of solidarity.

Mr. Pearman said: “I don't believe the act distinguishes between lunchtime and non-lunchtime irregular industrial action.”

He said freedom of speech had to occur within the confines of the law.

BPSU General Secretary Ed Ball said Britain's Privy Council had found in favour of trade unionists in similar demonstrations.

He said: “We are prepared to go the distance on this because we know we are right. We have a very good case.”

“The board never gave the courtesy of dialogue even though at times they have called us up on more trivial matters.”

He said there were other hospital staff and union officials protesting with them who had not been punished.

“There were 75 other hospital workers there on Monday. Why were they not suspended?”

He said others there signed the petition in support of the suspended workers.

The hospital have told the suspended workers they could have been sacked for the action.

And the suspension letter said dissatisfied workers should take up matters with the their supervisor and then invoke union grievance procedures if still dissatisfied.

Mr. Ball said it was the first time for a very long time that a union official had been suspended simply for representing members.

Chief Operating Officer Kathy-Anne Lewis said the suspension of five of its six medical social workers would not affect patients as there was a contingency plan.

“So far we have had no complaints.”

On the issue of patient privacy she said: “We have offered them a place to execute their services and talk privately to a patient.

“Yes the plan is for them to share an office with a dietician.”

But one social worker told The Royal Gazette the privacy offered was only a partition which wouldn't stop conversations being overheard.

Ms Lewis said: “We are also planning to have consultation room in each area. They will have two spaces where they can meet clients in a private setting.

“The Bermuda Hospitals Board is committed to patient confidentiality.”

Labour, Home Affairs and Public Safety Minister Terry Lister said he had met separately with both sides yesterday and was hoping to get them around the table today.

He said: “We will do whatever we can to ensure healing.”

King Edward VII Memorial Hospital chief Stephanie Reid stressed the social workers concerns would be taken seriously.

Asked about the union's legal action Mrs Reid said she hoped it wouldn't come to that.

She said: “There's room for discussion with the union and management.”