The recommendations of the Ward Report (second level) and Cush Report (third level) represent a significant advance in the campaign against casualisation in Irish education.
Full details of the Ward Report
Full details of the Cush Report
Ward Report benefits part-time and fixed-term teachers - recommendations effective from start of 2015/16 school year
Following a campaign by TUI and the other teacher unions, ‘expert groups’ were established as part of the Haddington Road Agreement to investigate and tackle the crisis of casualisation in teaching and lecturing. At second level, the expert group reported in September 2014 – the Ward report – and details on the implementation of its seven key recommendations are set out in circular letter 24/2015, published in March 2015.
This circular letter applies to all TUI members contracted as teachers in settings including post-primary schools, colleges of further education, Youthreach and adult education settings.
Key Points under circular letter 25/2014 (effective from start of school year 2015/16):
- A teacher will qualify for a Contract of Indefinite Duration (CID) after a period of continuous employment in excess of two years – (ie upon commencement of a third year of continuous employment) subject to certain conditions.This is significantly better than the statutory provision and improves the initial position negotiated under the HRA. (Under fixed-term worker legislation the qualifying period is four years and under the HRA it had been 3 years for teachers).
- Hours held by a fixed-term teacher who is covering for a teacher on career break or for a teacher on secondment will now be counted towards their CID. The teacher will be placed on a redeployment panel immediately prior to the return of the teacher on career break / secondment. In such circumstances the teacher will remain in receipt of his/her income/salary.
- The hours of the CID will be the hours worked in the full school year prior to the issuing of the CID (i.e. the qualifying year)
- A teacher who has qualified for a CID after serving a period in excess of two years will be liable for redeployment if their subjects become surplus to the curricular requirements of their school.
- Where a qualified teacher holds a part-time CID and is working additional hours under a separate fixed-term contract, they will receive a CID for these hours after a continuous period of employment (in the hours) in excess of one year, if the hours continue to be viable and available under the allocation.
- All teachers on their first fixed-term contract will have their positions terminated at the end of year 1. The position will automatically be re-advertised and a new recruitment process undertaken. Therefore, the teacher will need to apply for and interview for the position at the end of year 1.
Entitlement to a CID - for all or some of the hours worked - does not accrue in circumstances where there are legitimate ‘objective grounds’ for the fixed term contract. Under circular letter 24/15, covering for a teacher on career break or secondment is no longer considered to be an objective ground for not awarding a CID.
In addition, if a teacher holds a CID for at least 18 hours per week and agrees in writing to be timetabled up to 22 hours per week, s/he will then be timetabled and paid for 22 hours per week. (See CL 11/09)
Following vigorous campaigning on the issue by TUI, the Cush report on Fixed-Term and Part-Time Employment in Lecturing in Third Level Education in Ireland was published in May 2016 and, in July, Circular Letter 41/2016 set out the procedures for the implementation of its recommendations.
- The qualification period for the granting of an initial CID has been reduced from a period of continuous employment in excess of three years with the same employer to a period of continuous employment in excess of two years with the same employer. This reduction means that a lecturer will be awarded a CID rather than a further Fixed Term Contract provided the conditions and procedures set out in Circular 93/2007 are satisfied.
- Where additional hours are awarded to an existing CID holder, the qualification period for a further CID in respect of those additional hours should be one year, provided that the conditions and procedures for the awarding of a CID set out in Circular 0093/2007 are met.
- In advance of advertising available hours in a particular course, an Institute of Technology should carry out a review to ascertain whether there are existing qualified lecturers on CIDs or pro-rata fixed-term contracts for less than full hours who have the necessary qualifications to teach the course and who could benefit by the augmentation of their existing contract. If this is the case, the extra available hours should be offered first to such lecturers before being advertised generally.