FAQs – Ballot on the WRC proposals in relation to the HSE dispute

Ultimately Fórsa members will decide whether the division will accept the proposals. This will be done through a ballot.

The ballot will commence week beginning 14th April and close on 29th April 2025.

You will be asked to vote either in favour of or against the accepting the WRC proposal.

If these proposals are accepted, the next step will be to formally notify the employer of their acceptance. We will then move into the implementation phase, closely monitoring progress and seeking full adherence to the commitments set out in the WRC proposals over the following six months.

During this six-month period, local and regional committees will be established to work closely with your official as we oversee the implementation process, where blocks emerge either locally or nationally these will be raised immediately at the National Joint Council that meets regularly.

Before we attend the WRC review in 6 months national meeting of all our workplace representatives will be convened to review and assess the progress made on implementation. This will be an important meeting to discuss implement progress and prepare for our attendance at the WRC.

If these proposals are rejected, we will notify the employer accordingly.

In that event, the Divisional Executive Committee will determine the appropriate next steps this may include the recommencement of industrial action, and the employer will be formally advised of this decision.

Each union will have to determine separately whether they accept or reject the proposals in line with their own union rules.

Under the heading “Workforce Planning” (Page 3 of the WRC proposals), there are approximately 6,500 additional posts scheduled to be filled in 2025. This includes 3,000 posts that the HSE confirmed remained unfilled as of December 2024. This figure is separate from the posts which will be filled to replace staff who vacate their positions throughout 2025.

The proposals provide that all posts that become vacant through retirement, resignations, transfer or other reasons will be replaced. This confirms the application of a 'one in, one out' principle, meaning that any already funded post that becomes vacant must be replaced. (Page 3, WRC Proposals).

Fórsa, alongside our sister unions, sought the reinstatement of all posts that were unfilled and subsequently lost as of 31st December 2023 and those which have become vacant since then. Having previously refused to engage on this issue, under Point 2 of the Workforce Planning section, it has now been agreed that there will be a review of all these posts. These posts can in part be filled through the posts available as set out above. In addition, if posts are filled by agency or other sessional arrangements the HSE is required to include additional positions, by grade, in the 2026 estimates process for filling.

Based on the principle that trade unions representing the workforce have a right to be involved in the development of workforce planning, there is now a specific commitment outlining how this consultation will take place. This marks a key outcome. One of the main concerns raised by the trade unions was that the pay and numbers strategy was developed, without any consultation, and with no recognition of existing staffing agreements. (Page 2, WRC Proposals). There will be consultation at local, regional and national levels now leading to the formulation of a workforce plan. This will involve our representatives, and representatives from other unions who accept the proposal, at local and national level. It will allow for members to have in input into this important decision, this year and annually thereafter.

Under the proposals, the HSE has committed to upholding the principles of attracting and retaining skilled staff, which is essential for providing high-quality health and social care services. To support this, the HSE has agreed that established industrial relations mechanisms within the health service, namely, the National Joint Council (NJC) and the Information and Consultation Forum, will be utilised before any decisions are made that impact the workforce.

This commitment is particularly important, as these procedural frameworks are enshrined in the Public Service Agreement and cannot be bypassed by employers at will. They also provide a structured and transparent approach to workforce planning, including provision for new service developments. (Page 2, WRC Proposals). This will be a key feature of the 6 month review under the auspice of the WRC.

You will see references to engagement at the NJC throughout this document. This reflects a core principle held by Fórsa and other trade unions, that meaningful engagement and consultation must take place through agreed forums before any decisions impacting the workplace are made or implemented.

The 6 health regions are now being established, and within each region, a joint union-management forum will be set up. These forums are required to meet monthly. Crucially, it is now written into the WRC proposals that all relevant staffing information requested by the unions, such as data on staffing levels, resignations, retirements, maternity leave and other absences must be shared in full. This is a significant development, as such information has previously been withheld, limiting our ability to advocate effectively for the replacement of posts. (Page 4, point 9 of WRC Proposals)

Access to this data is essential. When regional health areas fail to fill or replace posts, cut staffing, or attempt to expand services without adequate staffing, the unions must have accurate, up-to-date information to ensure robust consultation and proper engagement. This aligns with the provisions of both the WRC proposals and the Public Service Agreement.

It is accepted by the parties, after the negotiations, an additional Joint Union Management Forum will be required for national services.

A significant focus at the WRC was placed on the issue of direct employment and the need to clearly define its application. As is well known, there has been substantial criticism of the health service’s heavy reliance on costly agency staffing, via for profit companies.

These proposals set out that where agency workers in entry level positions who have been in a single post for more than one year the post will now be eligible for conversion to directly employed status without the need for interviews or additional selection processes. The post will be subject only to standard pre-employment clearances such as reference checks and Garda vetting.

This marks a significant step forward in addressing a long-standing issue raised with us, where clerical admin, pharmacy and health and social care professionals have had no option but to work in agency roles despite the availability of direct employment. (Page 2, Point 4 of WRC Proposals)
In addition, for far too long promotional posts have not been filled via direct employment. These proposals (page 2, point 3) require the HSE to conduct an analysis of all promotional posts currently filled via agency and to fill identified posts through direct employment. Existing panels must be used to fill these promotional posts. In addition, there is a firm commitment from the HSE to fill future promotional positions via direct employment.

This section also priorities the ruleset that the HSE must comply with prior to making any decision to outsource services to the private for-profit sector. There are clear steps in the Public Sector Agreement which the HSE cannot ignore. These proposals now make it very clear that the decision to offer or sign a tender cannot be taken by the HSE until the full consultation process set out in the Public Sector Agreement has been exhausted by the relevant trade union with the HSE. This is important as the HSE has obligations to comply with the Public Sector Agreement which cannot be bypassed by signing a contract with a private for-profit company prior to fully consulting and engaging with the trade unions regarding the analysis of the merits or otherwise of the decision to outsource a service.

The unions spent a considerable time outlining the cumbersome and lengthy approval process currently required to replace posts that become vacant, even when urgent replacement is needed. The WRC proposals include a commitment from the HSE to streamline this process by fast-tracking the replacement of vacant posts and delegating the authority to approve such replacements to designated personnel under the Regional Executive Officer (REO).

These are important principles that have now been formally agreed. If these proposals are accepted by our members, we will closely monitor their implementation throughout the six-month review period.(Page 3, Point 3 of WRC Proposals)

Many members have raised concerns that while the HSE’s headcount, expressed in Whole-Time Equivalents (WTE), appears to grow annually, it does not reflect absences due to maternity leave. We argued strongly that maternity leave should be separately reported to ensure the WTE figures accurately represent staff availability. A key point we raised is that maternity leave is partially state-funded, and in cases of unpaid leave, there is no cost to the HSE, yet the WTE post remains and backfill is often denied.

Crucially, the proposals confirm that the approval process for maternity leave cover must be expedited. Delegated authority will now be in place to approve backfill within two weeks of the employer being notified of an employee’s intention to take maternity leave.

Backfill will be prioritised through direct employment, either by reallocating existing vacancies or issuing temporary contracts. Where this is not possible, agency cover will be used. The HSE has now accepted that every effort must be made to ensure the work of a staff member on maternity leave is covered. This is a vital principle and given that 3,000 posts within the ceiling remained unfilled in 2024, we believe there is ample capacity to comply, if managed properly. (Page 4, WRC Proposals)

Under these proposals, it has also been agreed that unions will make specific submissions to the employer on how maternity leave is counted and recorded. This is significant, as it enables unions to propose alternative approaches to maternity workforce planning in 2026, in recognition of the fact that the health workforce is predominantly female.

Under the proposals, the HSE will offer a permanent job to each graduate HSCP in 2025 and from the 2024 graduates, management have confirmed there is sufficient headroom throughout 2025 to do so.

Fórsa have called for immediate and meaningful engagement with CHI to ensure a comprehensive workforce plan, emphasising that the hospital cannot open on schedule without a properly resourced workforce. The current proposals recognise the urgency of this issue, prioritising the workforce planning process and committing to immediate engagement with trade unions to develop a viable staffing strategy. (Page 5, WRC Proposals)

The proposals commit the HSE to the establishment of DEI-specific posts to support staff across all grades. This includes two national-level roles to be filled in 2025, tasked with the development and implementation of DEI strategies, as well as the progression of additional regional posts in 2026.

There has been a significant level of mistrust of the HSE by unions and our members, regarding how staffing and workforce planning have been handled. As a result, we insisted that a six-month review, conducted under the auspices of the WRC, be formally included in the proposals. This review is critical to ensuring that the commitments made under these proposals are honoured and independently assessed.

If, at that point, the HSE is found not to have complied with its obligations, or insufficient progress has been made, Fórsa will not hesitate, once again, to consult our members on the appropriate course of action to take. (Page 6 of WRC Proposals)

• Go to any workplace information meetings.
• Encourage your colleagues to participate also.
• Ensure you cast your vote as early as possible.
• As your colleagues who aren’t in the union yet to join Fórsa.

If you are eligible to vote you will receive an email with a link to Mi-Voice, our secure voting platform, along with your unique voting code.

• Cork 021 4255 210 forsacork@forsa.ie
• Limerick 061 319 177 forsalimerick@forsa.ie
• Galway 091 778 031 healthwest@forsa.ie
• Sligo 071 914 2400 healthnorthwest@forsa.ie
• Dublin Head Office 01 817 1500 healthandwelfareinfo@forsa.ie