FAQs – Health and Welfare. National Industrial Action 2026

In general, 'work to rule' industrial action involves a worker working strictly to the terms of their contract, role or function.

If you don’t have a contract or a description of your role or function, you should work to your usual role and duties and not carry out other additional duties that are outside of your contract.

Some union instructions may outline that a specific task should cease.

For example, many instructions will state that members should not cover the work of a vacant post during industrial action, even though that might be part of your normal working day.

If your job description or contract allows for ‘other tasks assigned by your manager’, you should stick to your normal duties and not take on any additional or new tasks during the industrial action. You can ask your local branch or official if you are unsure.

A work to rule also means working strictly to your scheduled working hours and not doing unscheduled or un-rostered overtime.

It also often means a withdrawal of goodwill. Some examples of this could be taking on some duties beyond your job description to ‘help out’ and generally being flexible on working hours or duties beyond your contract. How this works in practice will differ significantly from workplace to workplace. Contact your local branch or official to clarify any queries you have.

A detailed union instruction has issued to members working in the HSE, Tusla and Section 38 organisations. It outlines the work to rule and non-cooperation actions you should follow as part of this industrial action. It lists specific tasks, programmes, projects and committees you should withdraw and disengage from. It is very important that you are familiar with the instruction and understand it.

This FAQ is considered a guide to help with general queries and will be updated as a live document over the coming weeks.

You are not obliged to notify your manager whether you intend to participate in the industrial action. However if a manager asks you to carry out any task or action covered by the withdrawal instruction, you should state you are following the union instruction and that the matter should be raised at national level.

Do not cover a vacant post.

In the HSE & Section 38 organisations we have launched a ‘One Person, One Job’ campaign and we have provided members with regular updates, including a template email to send to their manager, if needed. You can access that here.

This applies equally in disabilities.

NO cover is to be provided for a vacant post e.g. cover for maternity leave, retirement, career breaks, long term sick leave. If you are asked to do so you should advise your manager that you are following the union instruction and send a copy of the email template.

Take on no more work. If you have been given work without agreement then say no, and use the template that has issued previously to members as your response.  Management accept that members can only be asked to carry out one job and that any priority tasks must be agreed with your union and you.   

One Person – One Job - don’t work for free

Members should provide support and cover as normal when a colleague is on annual leave and/ or short-term sick leave.

If you are in receipt of a temporary higher appointment you should continue to carry out your role and responsibilities associated with your post.

If you are not in receipt of a temporary higher appointment then you should not carry out the role, responsibilities or functions of a post of a higher grade. If you are asked to do so you should refuse and advise your manager that you are following the union instruction.

Members who carry out regular rostered overtime should continue to do so.  Overtime that is required to cover a vacant post should cease.

Members are instructed to withdraw and disengage from all change programmes across the HSE, and Section 38s unless a derogation has been granted.

Management have been asked to identify any areas that may impact on emergency services and/ or patient care, and to request appropriate derogations. These requests will be considered by the National Disputes Committee

If a derogation is granted we will ensure members are updated, but unless a project is your core work or change management is your core role members must disengage unless they hear otherwise.

Yes. If your main duty and responsibility is to collect and process data you should continue to perform this duty, however, you should not pass this on for central HSE reporting purposes until the industrial action is over.  If you are asked to do this, you should refuse and advise your manager that you are following the union instruction.

If the data is processed through a shared folder, it must not be uploaded to or processed in that location unless management obtains a derogation. However, it may be processed using an alternative method that does not involve the shared folder.

We have asked management to identify key projects which they are seeking a derogation for, once this has been agreed, this document will be updated.

The HSE has been informed that if they require this information, they must write to Fórsa stating the reasons for this information and we will consider the request.  So, unless we provide them with a derogation members are not to process this information.  If a derogation is granted we will ensure members are updated, but members must disengage unless they hear otherwise.

You should continue to process all statutory/legal data to the relevant authority, e.g. enquiries from Irish Medical Council, Nursing and Midwifery Board Ireland, CORU, etc.

HR and Finance processing in relation to payroll returns, absence recording (for payroll purposes only) and recruitment set-ups can continue.

All other data/ returns must not be processed unless the employer is granted a derogation. If a derogation is granted we will ensure members are updated, but members must disengage unless they hear otherwise.

Members have been instructed to withdraw from all national committees.  If your manager requires your attendance they must seek a derogation. Unless this is provided,  you should not attend.  If you are asked to do so, you should refuse and advise your manager that you are following the union instruction.

Members are being instructed not to engage, report to, meet or provide any information to external management consultants or HSE advisors (this does not mean medical consultants).

The only exception to this instruction is where this has been agreed with Fórsa, in which case, cooperation is permitted.  Examples where this can be permitted might include Trust in Care investigations or grievances. This will be an ongoing process, and we will maintain a live list of granted exceptions. You should check with the local dispute committee if you have any questions.

Members are advised not to attend or participate in performance achievement/ management meetings or preparatory work for these meetings. If you are asked to do so you should refuse and advise your manager that you are following the union instruction.

Members should not engage in any discussions relating to a seven-day working week whilst under this union instruction. If you are asked to do so you should refuse and advise your manager that you are following the union instruction.

It is important to note that management previously indicated that it would write to the unions about proposals to extend working weeks. However, the union has received fewer than 10 proposals in the past 14 months.

If management submits any proposals during the industrial action, the union will not engage on this issue until the action has concluded.

No. This action applies only to the extension of services. Members who already work a roster or shift pattern should continue as normal. Shift swaps may also continue, provided they are part of normal annual leave cover and are not being used to fill a vacant post.

Regardless of your role, as a union member you can participate in the work to rule, and you should ensure that you do not undermine the work to rule that your colleagues are participating in.  

If for instance, you are concerned that in your area of responsibility there are issues of patient safety and risk, then you can seek to mitigate that via the derogation process.  

If you are asked to do anything which undermines the action, you should refuse and advise your own manager to escalate the matter through the industrial relations processes. Like all Fórsa members, if in doubt you can also contact your local dispute committee or union branch. 

No agreement is in place requiring HSCPs to provide cross-cover, and members are instructed not to do so. This applies also to requests for any member asked to cover work in another CHN.

Urgent cases may occasionally arise, particularly in social work, and these should continue to be managed in the usual way.

If management wishes to reprioritise duties, it must first reach agreement with the team and the union. This position has been clearly communicated to management through the One Person One Job campaign in the HSE & Section 38 organisations.

Where the rollout of NiSRP, HMMS, or IFMS has begun in Section 38 organisations, members have been advised to withdraw from planning-stage discussions.

Members transitioning to NiSRP may continue to engage on payment timelines and available options, as these matters fall outside the work-to-rule.

A separate note was issued to all branches on 11 September advising HSCP members not to cooperate with the ISD model.

Ongoing discussions on HSE Functions/ Centre will be paused for the duration of the industrial action.

Yes. Assessments of Need (AON) should continue to be carried out, however where you are asked to prioritise work on the Waiting List Initiative you should continue to do this only if the following conditions are met:

• Other work has been deprioritised, paused or removed,
• Your line manager has provided written acknowledgment that you are unable to complete existing duties due to the allocation of time to the Waiting List Initiative.

Members with HSE contracts working across services, are expected to participate in the work-to-rule action as part of the dispute.

We fully appreciate that ensuring patient safety is a significant concern for members. If you consider that there is an immediate risk, you should take the action necessary to protect the patients or service users and then document the circumstances that led you to take action. You should then advise your manager and the local disputes committee immediately before returning to the work to rule.

Yes, and if you are CORU registered then you are required to perform these functions to maintain your professional registration. The work to rule instruction does not, currently,  effect student placements

The use of agency staff varies across services. However, the employer should not increase or deploy agency staffing arrangements in a manner that undermines the effectiveness of the industrial action unless this is agreed in advance with Fórsa. Any attempt to undermine the industrial action by the deployment of additional agency workers should be reported to your local dispute committee.

Where those committees have been established, members have been emailed the names. If in doubt contact your local branch.

Throughout the industrial action, Fórsa members should not cooperate with the rollout of SPOA, including testing, training or any related initiatives. Once the industrial action has concluded, Fórsa, alongside other unions on the staff panel, will engage with the HSE to continue discussions on SPOA, address any outstanding issues and work towards reaching agreement.

You are not obliged to continue as this is voluntary extra hours.   

No, staff are still able to follow the work to rule instruction without this impacting on the statutory functions of CRS, such as registration in the case of sensitive life events.

Not all unions are taking the same form of action at the same time. As a Fórsa member you are still required to follow the work to rule even where there are mainly members of another union in your workplace.  

First refer to the list of derogations and the FAQs or check with your local representative.  

Unless you have been informed by your union that this has been agreed with them you must respond by saying I am following the union instruction and they can liaise with Fórsa in relation to this. 

If you are asked to do something outside of your normal role, a task which you have not routinely carried out before, then you should not  and you respond that you are following the union instruction. 

There is one central national list of approved derogations for the HSE/Section 38s, Please check your emails for the list, or get in touch with your local workplace representative, branch, or official. 

There will be a limited number of areas/ services where local engagement will also be taking place so if in doubt follow up with the dispute committee or your union branch.   

A detailed union instruction has issued to members working in the HSE, Tusla and Section 38 organisations. Members should familiarise themselves with that instruction and follow the work-to-rule and non-cooperation measures set out in it, including the specific tasks, programmes, projects and committees from which members are instructed to withdraw. This FAQ is considered to be a guide to help members with general queries and will be updated live as we progress through the dispute.

If a manager asks you to carry out any task or action covered by the withdrawal instruction, explain that you are following the union instruction and that you will continue to do so unless the employer seeks and agrees a derogation with the union.

A derogation is the formal process through which the employer may seek agreement from Fórsa for specific work or duties to continue during the work-to-rule. Simply put, it is a task or activity that is exempt from the industrial action being taken.

This process will be managed nationally between the Health and Welfare Divisional Executive Committee and Tusla. Any derogation that is granted or refused will be communicated to members and branches as soon as possible. Local branches and regional officials will then manage any follow-up engagement, including regional contingency meetings where required.

Members should provide support and cover as normal where a colleague is on annual leave or short-term sick leave (short term sick leave is up to 4 weeks).

No. From the start  of the industrial action on Wednesday 30^th September, members in Tusla, should not provide cover for vacant posts, including vacancies arising from maternity leave, retirement, career breaks or long-term sick leave. If asked to do so, members should advise their manager that they are following the union instruction.

If you are in receipt of a temporary higher appointment you should continue to carry out your role and responsibilities associated with your post.

If you are not in receipt of a temporary higher appointment then you should not carry out the role, responsibilities or functions of a post of a higher grade. If you are asked to do so you should refuse and advise your manager that you are following the union instruction.

Members who work regular and rostered overtime should continue to do so, however overtime required to cover a vacant post should cease.

Members are instructed to withdraw and disengage from all change programmes across Tusla, unless a derogation has been granted.  More detailed advice in respect ofRreform is provided below.

Management have been asked to identify any areas that may impact on emergency services and / or client care, and to request appropriate derogations. These requests will be considered by the National Disputes Committee

If a derogation is granted we will ensure members are updated, but members must follow the instruction and disengage unless they hear otherwise.

As part of the derogation process we have asked management  to identify specifically those workers carrying out roles relating to projects and this will be considered by the National Disputes Committee.

Yes. If your main duty and responsibility is to collect and process data you should continue to perform this duty, however, you should not pass this on for central Tusla reporting purposes until the industrial action is over.  If you are asked to do this, you should refuse and advise your manager that you are following the union instruction.

If the data is processed through a shared folder, it must not be uploaded to or processed in that location unless management obtains a derogation. However, it may be processed using an alternative method that does not involve the shared folder.

Tusla has been informed that if they require this information, they must write to Fórsa stating the reasons for this information and we will consider the request as part of the derogation process.  So, unless we provide them with a derogation members are not to process this information.  If a derogation is granted we will ensure members are updated, but members must disengage unless they hear otherwise.

You should continue to process all statutory/legal data to the relevant authority, e.g. enquiries from CORU, HIQA  etc.

HR and Finance processing in relation to payroll returns, absence recording (for payroll purposes only) and recruitment set-ups can continue.

All other data / returns must not be processed unless the employer is granted a derogation. If a derogation is granted we will ensure members are updated, but members must follow the union instruction and disengage unless they hear otherwise.

Members have been instructed to withdraw from all national committees.  If your manager requires your attendance they must seek a derogation. Unless this is provided then you should not attend.  If you are asked to do so you refuse and advise your manager that you are following the union instruction.

Members are being instructed not to engage, report to meet or provide any information to external management consultants or Tusla advisors (this does not mean medical consultants, or commissioned services).

The only exception to this instruction is where this has been agreed with Fórsa in which case cooperation is permitted.  Examples where this can be permitted might include Trust in Care investigations or grievances.

Members are advised not to attend or participate in performance achievement / management meetings or preparatory work for these meetings If you are asked to do so you should refuse and advise your manager that you are following the union instruction.

No. This action applies only to the extension of services. Members who already work a roster or shift pattern should continue as normal such as Children's Res or Special Care, NOHS. Shift swaps may also continue, provided they are part of normal annual leave cover and are not being used to fill a vacant post.

In response to the cost-of-living crisis over 62,000 Fórsa members voted to take industrial action, across all grades, to stand up for decent pay, fair working conditions and strong public services. The industrial action is legally protected, and all union members are expected to follow the union instruction.

If you are asked to do anything which undermines this instruction, you should refuse and advise your own line manager to escalate this through the usual industrial relations processes.

We fully appreciate that ensuring client safety is a significant concern for members. If you consider that there is an immediate risk, you should take the action necessary to protect the young person or service user and then document the circumstances that led you to act. You should then advise your manager and the local disputes committee immediately before returning to the work to rule.

No agreement is in place requiring health and social care professionals (HSCPs) to provide cross-cover, and members are instructed not to do so.

Urgent cases may occasionally arise, particularly in social work, and these should continue to be managed in the usual way.

If there is an immediate risk, you should take the action necessary to protect the patients or service users.

TUSLA Reform remains an ongoing process throughout 2025 and 2026. Where a reform measure has already been concluded within a team, network or region, members should continue to work as normal, while observing the wider work-to-rule measures set out in the union instruction.

Where a reform measure remains under development within any team, network or region, members should withdraw cooperation from that process unless otherwise advised by Fórsa.  We have been clear to management that the responsibility in terms of derogation requests lies with them, and not with the union or individual members.

Some members are currently acting as mentors to newly appointed social care staff in certain settings. Where this mentoring arrangement is voluntary, members should withdraw from participation for the duration of the industrial action unless a derogation has been requested by the employer and granted by Fórsa.

The use of agency staff is a feature of some services. However, the employer should not increase or deploy agency staffing arrangements in a manner that undermines the effectiveness of the industrial action without a derogation from Fórsa. Fórsa will seek data on the current number and deployment of agency staff across Tusla services.

This issue was raised at a recent members’ meeting. Members are advised that matrix management is not an agreed arrangement and should not be cooperated with, irrespective of the current work-to-rule or any other industrial action measure.

Members working in Children’s Residential Services (CRS) should continue to provide safe, direct care to children and young people, in line with their contracts of employment, rostered hours and professional obligations, while observing the wider union instruction.

Where a member is concerned that compliance with the work-to-rule may give rise to an immediate risk to a child or young person, they should take the action necessary to protect that child or young person, document the circumstances, notify management, and then return to the work-to-rule.

The guiding principle is that members should continue to provide safe and essential care to children and young people, while withdrawing cooperation from additional, voluntary, reform-related, vacancy-cover, management-information and change-management activity that falls outside normal contractual duties or has not been agreed with Fórsa.

As in CRS above the advice is similar to those members working in Special Care.

Members working in special or secure care should continue to provide safe, direct care to children and young people, in line with their contracts of employment, rostered hours and professional obligations, while observing the wider union instruction.

Where a member is concerned that compliance with the work-to-rule may give rise to an immediate risk to a child or young person, they should take the action necessary to protect that child or young person, document the circumstances, notify management, and then return to the work-to-rule.

The guiding principle is that members should continue to provide safe and essential care to children and young people, while withdrawing cooperation from additional, voluntary, reform-related, vacancy-cover, management-information and change-management activity that falls outside normal contractual duties or has not been agreed with Fórsa.

A detailed union instruction has issued to members working in state agencies. It outlines the work to rule and non-cooperation actions you should follow as part of this industrial action.

It is very important that you are familiar with the instruction and understand it.

This FAQ is considered a guide to help with general queries and will be updated as a live document over the coming weeks.

Do not cover a vacant post.

NO cover is to be provided for a vacant post e.g. cover for maternity leave, retirement, career breaks, long term sick leave. If you are asked to do so you should advise your manager that you are following the union instruction.

Members should provide support and cover as normal when a colleague is on annual leave and/ or short term-sick leave.

Yes, so long as the training does not require you to work outside of your normal working hours.

In response to the cost-of-living crisis over 62,000 Fórsa members voted to take industrial action, across all grades, to stand up for decent pay, fair working conditions and strong public services. The industrial action is legally protected, and all union members are expected to follow the union instruction.

If you are asked to do anything which undermines this instruction, you should refuse and advise your own line manager to escalate this through the usual industrial relations processes.

Sometimes ‘derogations’ are granted during industrial action. A derogation means that a certain type of work, or worker, is exempt from the union instruction. The employer must request a derogation.

Only union members are protected during the dispute. You should join the union. The fastest way to join is online.