FAQs – Tusla Job Evaluation Scheme Industrial Action

All Fórsa union members employed by Tusla in Clerical Administration and analogous grades three, four, five and six (III, IV, V & VI).

At your normal starting time on Wednesday 25th of October 2023. The escalation of industrial action begins 4th December, at your normal starting time.

The industrial action takes the form of a work to rule.

Members are instructed to:

• Not carry out the work of other colleagues in their absence, this instruction covers all absences including annual leave and sick leave and a derogation from the union is required in each case,
• Not carry out the work of any vacant post irrespective of length of time vacant or the reason for the vacancy,
• Not carry out the work of a post of a higher grade (unless being remunerated for same),
• Not formulate, generate or submit management reports such as, reports for board meetings, government departments, management meetings, statistical information, financial reports, KPI’s, etc.,
• Not carry out the work associated with parliamentary questions
• Not carry out work associated with FOI requests,
• Not participate in or support the work associated with the Tusla Reform Programme, this includes not organising meetings, attending meetings, recording and/or circulating minutes, agenda, documents or reports for any such meetings,
• Not provide lunch time cover at reception desks between the hours of 1 and 2pm.

In addition to the current industrial action, from your normal starting time on Monday 4th of December, there are two additional instructions. Members are instructed:

1. Not to provide cover for any work colleagues in their absence, irrespective of the reason or length of time of the absence. This includes but is not exclusive to, annual leave, sick leave, maternity leave, carers leave, parental leave. Exceptions to this will now require specific approval/derogation from our national disputes committee.
   • Each derogation will only be considered on an individual case-by-case basis.
   • Each derogation request must be accompanied by a detailed risk assessment in each case and for each specific task required to be covered.
   • Each derogation request must also set out the reason for the vacancy and length of time of the vacancy and the period for which the derogation is sought.
2. Not to answer or make calls, i.e. phone calls or video calls outside the following hours:
   • 10am to 1pm
   • 2pm to 4pm
   • This includes not using of any phones, landlines, work mobiles, or any video calling via platforms such as Teams, Webex, Zoom, etc outside of the times specified above
   • Voicemail should be activated outside of these hours to advise callers of the industrial action.
   • The instruction includes all incoming and outgoing calls from/to any internal and external sources, whether they be by phone or video platform.

The following lines are exempted from this instruction:
• Tusla’s ‘dedicated contact points’ phone lines for reporting child protection concerns
• Tusla’s ‘Emergency Out of Hours Service’ phone lines
• Tusla’s Head Office main reception phone lines

The scope of the job evaluation scheme only applies to Clerical Administrative and analogous grades three, four, five and six (III, IV, V & VI), therefore this is the group that was balloted on industrial action.

All other members of Fórsa who are not currently engaged in the industrial action are also instructed not to carry out the work usually done by their colleagues in dispute and should not undertake or be asked to undertake this part of the role of those in dispute.

A derogation is an exemption from the work to rule/ industrial action for a specified purpose. The Health and Welfare Divisional Dispute Committee overseeing the dispute will consider all derogations.

The following questions relate to derogation requests submitted by Tusla.

Please note the update at the top of this page, on how the derogation process has changed.

• From 4th December, all derogation requests will now be centralised to the Union’s national disputes committee via Tusla’s national employee relations service and must be accompanied by a detailed “risk assessment” for each duty or task the derogation is being sought for.
• All derogation requests must be channelled via local employee relations to national employee relations for forwarding on to our national disputes committee for consideration.
• Responses/decisions of the disputes committee of Union in relation to derogation requests will only be channelled back via the same route.
• All local arrangements previously in place to discuss or approve derogation requests is no longer permitted. All derogation requests will from 4th December be centralised to our national disputes committee.
• Derogation requests will only be accepted via the above channels and will be reviewed and considered by our national disputes committee regularly.
• Should the disputes committee determine that inadequate information is provided with the derogation request, it may decide not to approve and seek additional information. This could delay decisions.
• The onus and responsibility will be on the employer to provide adequate and sufficient information with the derogation request in order for the disputes committee to make a decision.
• The onus and responsibility will be on Tusla management and the employer to ensure that derogation requests are sent to the Union (as soon as possible, in good time and well in advance of any notified or planned absence) via the above channels in order for them to be considered by the national disputes committee as timely as possible.
• Derogation requests must be received by the disputes committee at least three (3) full working days prior to the date the derogation is required. This rule will apply in all cases except for absolute emergency situations. The onus will be on the employer to ensure this timeline is adhered to in all cases.
• Emergency situations which require a more urgent response will require direct contact from National Employee Relations to my office setting out the specific emergency nature of the request.

Yes. You should continue to complete FoI requests. You must meet the requirements of FoI legislation.

However, those aspects of your work that relate to submitting information for use in management reports etc is not permitted.

This instruction applies:

“Do not formulate, generate or submit management reports, such as reports for board meetings, government departments, management meetings, statistical information, financial report, KPI's.”

Tulsa have been requested to provide a list of specific staff working on FOI requests so that they may be granted derogations.

Work subject to the BIT Act requests should continue. You should continue to complete BIT Act requests. You must meet the requirements of the legislation.

However, those aspects of your work that relate to submitting information for use in management reports etc is not permitted.

This instruction applies:

“Do not formulate, generate or submit management reports, such as reports for board meetings, government departments, management meetings, statistical information, financial report, KPI's.”

Tulsa have been requested to provide a list of specific staff working on BIT Act requests so that they may be granted derogations.

This work is not impacted by the industrial action. However, where a vacancy exists, contingency plans must be discussed and agreed with the union locally for cover arrangements. Please discuss work arising from a vacancy with your local union representatives or officials before taking on duties related to any vacant post.

HR regions should identify to local Fórsa officials all existing admin vacancies in both the Child Protection Case Conference admin posts and Child in Care Review admin posts, setting out the reason for vacancy and cover required. Discussions at local level will discuss and agree cover arrangements.

The principle of grade for grade (equal grade) cover must apply, e.g., a grade IV to cover for grade IV, etc.

Where there is no staff member available at the same grade to provide the cover - then cover should be sought from a staff member in the next higher grade available from that which the cover is required, e.g., grade IV to Grade V.

A person in a lower grade should not take on, or be asked to take on, the duty of a vacant higher grade unless being remunerated for same.

This industrial action respects the principle that "the life and dignity of the patient/service user will not be put at risk" from A Framework for Dispute Resolution in the Health Services.

Please discuss work arising from a vacancy with your local union representatives or officials before taking on duties related to any vacant post.

This industrial action respects the principle that "the life and dignity of the patient/service user will not be put at risk".

Therefore, cover is allowed on a case-by-case basis. HR regions should identify to local Fórsa officials all existing admin vacancies, setting out the reason for vacancy and cover required. Discussions at local level will discuss and agree cover arrangements.

The principle of grade for grade (equal grade) cover must apply, e.g., a grade IV to cover for grade IV, etc.

Where there is no staff member available at the same grade to provide the cover - then cover should be sought from a staff member in the next higher grade available from that which the cover is required e.g., grade IV to Grade V.

A person in a lower grade should not take on, or be asked to take on, the duty of a vacant higher grade unless being remunerated for same.

This industrial action respects the principle that "the life and dignity of the patient/service user will not be put at risk".

Therefore, cover is allowed on a case-by-case basis. HR regions should identify to local Fórsa officials all existing vacancies setting out the reason for vacancy and cover required. Discussions at local level will discuss and agree cover arrangements.

The principle of grade for grade (equal grade) cover must apply, e.g. a grade IV to cover for grade IV, etc.

Where there is no staff member available at the same grade to provide the cover - then cover should be sought from a staff member in the next higher grade available from that which the cover is required e.g., grade IV to Grade V.

A person in a lower grade should not take on, or be asked to take on, the duty of a vacant higher grade unless being remunerated for same.

This work is not impacted by the industrial action. This industrial action respects the principle that "the life and dignity of the patient/service user will not be put at risk". As such emergency cover related to these tasks can be organised.

Where a vacancy exists, contingency plans must be discussed and agreed with the union locally for cover arrangements. Please discuss work arising from a vacancy with your local union representatives or officials before taking on duties related to any vacant post.

You should still submit these. The union is not preventing any activity that would impact people’s pay.

Have you thought about joining the union? Your colleagues are fighting hard for your rights. The more people who join, the more strength we have. It’s never been easier to join Fórsa.

Once your membership has been ratified, you must follow the work to rule instruction.

You should contact your local branch. If you are unsure of who to contact, please contact your closest Fórsa office:
• Cork 021 4255 210 forsacork@forsa.ie
• Limerick 061 319 177 forsalimerick@forsa.ie
• Galway 091 778 031 forsagalway@forsa.ie
• Sligo 071 914 2400 forsasligo@forsa.ie
• Dublin Head Office: 01 8171500 healthandwelfareinfo@forsa.ie