FAQs – Health and Welfare. National Industrial Action 2026

Please note this is a live document and will be updated as further FAQs arise.

Last updated: 17 September 2026

You can download a PDF version of the FAQs by clicking here.

HSE and Section 38s FAQs

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. You can read the instruction here. 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.

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 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.

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.

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.

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 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 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.

Please note that in the event of any escalation of the industrial action, these FAQs will be updated.

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