Throughout October and November, the group of healthcare unions engaged with the HSE at the Workplace Relations Commission (WRC) in a bid to address ongoing issues around staffing levels. 

The talks were taking place using a review mechanism included in the March 2025 WRC agreement on the HSE’s ‘Pay and Numbers’ strategy, which averted planned industrial action at the eleventh hour.  

Following a third conciliation conference at the WRC on Wednesday 19th November the healthcare unions, including Fórsa, the INMO, SIPTU, Connect, Unite and the MLSA, sought referral to the Labour Court. 

Head of the health division Ashley Connolly said: “The HSE has not met its obligations under the agreement reached in March, which is very disappointing. Our members were prepared to take industrial action then due to the severity of the issues.” 

Ashley went on to explain that healthcare unions are of the view that the HSE is in breach of the agreement in relation to several elements of the agreement, including pace of recruitment, agency conversion, workforce planning for 2025 and 2026, the non-backfilling of maternity leave, and the determination of employment numbers. 

She said: “This is not about figures on a spreadsheet. It’s about the people who are needed to provide vital care to our communities. Without accurate workforce planning it is impossible to ensure the proper health care people desperately need can be provided.” 

National secretary Linda Kelly said: “The HSE did not produce any evidence of additional measures to speed up recruitment for the 6,858 vacant funded but unfilled posts, which raises serious alarm bells.” 

“We also remain deeply concerned at the lack of action to fill maternity posts or reduce use of outsourcing. The agreement reached in March, which was approved by a ballot of members, was meant to lead to a step change in how the HSE engages with unions and swift action on staffing. Sadly, neither has happened to date.” 

Following the third meeting under the review mechanism, the WRC stated that they are unable to bring the parties together to reach an agreement.  

As a result, the trade union side have now requested that the issues in dispute are referred to the Labour Court for a full hearing. Ashley concluded saying: “The Labour Court have received the referral and Monday 19th January 2026 has been offered as a hearing date. We will continue direct engagement with the HSE in the meantime.”  

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