REPORT
Presented by
Bernadette Kinsella
Assistant General Secretary JMB
INTRODUCTION
September 2014
Key Points
Casualisation of teaching
profession
Over-reliance of fixed-term
contracts
Future attractiveness of
teaching as a professional
career
Obvious implications for the
overall quality of education
provision
STAKEHOLDERS INTERESTS
Maintenance of a high quality
education system
Teachers seek security of
employment
School management seek to ensure
that we can employ the most
suitable teachers for our pupils
needs and that we have the
flexibility and resources to respond
to changing curricular demands
CONSULTATION PROCESS
The Expert Group was established with an independent
chairperson, Peter Ward, SC.
The chairperson consulted extensively with all of the
stakeholders and interested parties over the period January
August 2014.
JMB consulted with and met with the Expert Group over a six
month time frame and made numerous written submissions
detailing its preliminary concerns and views on the issues.
JMB availed of the opportunity to detail and develop the
concerns of members and in particular highlighted
inconsistencies and discrepancies between the application of
the Departments circular letter 34/2009 and the 2003 Act
and the legitimacy of using fixed-term contracts in certain
RECOMMENDATIONS
SUMMARY OF RECOMMENDATIONS
1. I recommend that the qualification period for the granting of a
Contract of Indefinite Duration be reduced from a period of
continuous employment in excess of three years to that of a
period of continuous employment in excess of two years.
2 I recommend that the basis of qualification for a CID as set out in
the series of Circulars giving effect to the agreement on the
implementation of the Protection of Employees (Fixed-Term Work)
Act 2003 be retained and amended accordingly.
3. I recommend that a teacher employed on a CID holds an
employment status which is equal to that of a permanent teacher
and I recommend that confirmation of this status be notified to the
entire school system.
.CONTINUED
4.I recommend that once a teacher has completed his or her first
year of fixed-term employment in a school and the hours are
available for that post for the following year, that position should
be automatically re-advertised by the school and a new
recruitment process undertaken for the filling of the post for the
second year.
5. I recommend that teachers who qualify for a CID on the basis of
two years employment in accordance with Recommendation 1
should be liable to redeployment in circumstances where their
subject or subjects become surplus to the curricular requirements
of the school in which they qualify for the CID.
.CONTINUED
6. I recommend that a teacher covering for another teacher on
career break or secondment should not be disqualified from
entitlement to a CID on that ground. The exclusion that currently
applies to a teacher covering for another teacher on career break
or secondment should be abolished. I recommend that upon the
return of the teacher on career break that the teacher who
provided the cover and qualified for a CID be placed on the
Redeployment Panel.
7. When a part-time CID holder is awarded additional hours I
recommend that in relation to the granting of a further CID in
respect of those additional hours, the current qualifying period of
continuous employment for a period in excess of three years be
replaced by a continuous period of employment in excess of one
year.
UNDERSTANDING THE
RECOMMENDATIONS
SOLUTION?
Framework set out in Departmental Circulars DES
CL 34/2009
HRA reduced the qualifying period from four years
to three years.
Adopted without significant controversy
Process sets out an obvious means by which to
address the significant problem of teachers having
to wait an unreasonable time to attain permanency
Solution: Reduce the period of continuous
employment required to qualify for a CID
SOLUTION?
If a teacher is to secure a CID after a period of over two years
continuous employment on continuous fixed-term contracts,
reasonable to terminate at the end of the first school year and to
re-advertise the position for the following school year.
The first year of fixed-term employment is: one year of
employment which terminates at the expiry of the year.
The re-advertisement process allows school management the
opportunity of ensuring that is employs the most suitable person
for the post.
Solution: All first-fixed term posts terminate and the positions are
automatically re-advertised where the hours are available for that
post for the following year.
SOLUTION?
An extension of the redeployment scheme to incorporate those
who qualify for a CID on the recommended time period of two
years, would, however, introduce greater flexibility into the system
and ensure that schools do not end up with a subject surplus as a
result of a teacher qualifying for a CID on the two year qualifying
period.
This scheme only applies to teachers who acquire a CID from 1st
September 2015
SOLUTION?
Expert Group not convinced that it is reasonable to exclude a
teacher providing cover for teachers on career break or
secondment from qualification for a CID
The exclusion is abolished.
Recommendation also included that upon the return of the
teacher on career break/secondment that the teacher who
provided the cover and qualified for a CID be placed on the
Redeployment Panel.
Going forward: terms of career break scheme and
secondment should be changed to incorporate the new
changes.
SOLUTION?
The current qualifying period of continuous employment for a
period in excess of three years has been replaced by a continuous
period of employment in excess of one year.
DES CL 0024/2015
Implementing the new circular
OLD - V - NEW
Old
Ward Report recommends that
the basis of qualification for a
CID as set out in the series of
Circulars giving effect to the
agreement on the
implementation of the
Protection of Employees
(Fixed-Term Work) Act 2003 be
retained and amended
accordingly.
New
PART B SANCTIONING
CIDS
CRITERIA
A CID will be sanctioned by the DES where: The teacher is registered on a current basis with the Teaching Council, and
S/he is the holder of sector appropriate qualifications; and
s/he has in excess of 2 years continuous teaching service under two or more
successive Oireachtas-funded written contracts of employment with the same
employer; and
Eligibility has been established; and
A new interview process was conducted at end of year one*
APPLICATION PROCEDURES
Where at the commencement of the
2015/16 school year a teacher has
entered into the third or more
continuous year of employment in a
post comprehended by Part A(1) and
A(2) the teacher is eligible to be
considered for a CID rather than a
further one year fixed term contract
without further interview.
APPLICATION PROCEDURES
The school should apply to the Department to have the teacher
placed on the payroll as a teacher who is eligible for a CID.
Form 11A must be submitted.
The application form for a CID to be submitted by the school will
require the school and the teacher to certify that the application is
in respect of the continuation of a post that has been funded from
monies provided by the Oireachtas only and that the conditions as
laid out in B1 are satisfied in full.
The school must also certify that the CID sought is in accordance
with the terms outlined in the circular and that it is in respect of a
viable post as per A(1) and A(2).
Form 11B is submitted with respect to additional hours
WHAT TO DO?
JMB personnel are available to help and support you with your
queries
Scenarios emerging and are dealt with on a case by case basis
In constant touch with DES with respect to developing FAQs
8th May is closing date
Ongoing review
Next stage of communication to schools: The termination of the
first fixed-term contracts and key action points.
Do not hesitate to make contact by phone, appointment, email
with
Kara Turner, Gerry McCaul, Siobhan Corry, Maria Kane and myself
REDEPLOYMENT
Presented by
Gerry McCaul
School Management Advisor JMB