PLC Colleges - Redeployment

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Redeployment

Redeployment involves being moved from one’s current employer to a new employer. Under the Public Service Agreement 2010 -2014, a redeployment scheme for teachers was put in place which has been continued under subsequent national agreements including the LRA and, now, the PSSA.

Public servants in permanent positions are liable for redeployment.

Any person who received a contract of indefinite duration (CID) as a result of the Ward Report will be subject to redeployment if her/his subjects become surplus to the curricular requirements of their school. See circular letter 24/2015.


Questions in respect of Redeployment Scheme

Q. To whom does the Redeployment Scheme apply?
A. It applies to all permanent/CID teachers in post-primary schools surplus to requirements in situations other than school closures. School closures are dealt with in a document agreed some years (available on TUI website). It also applies to other persons employed as teachers in centres and other education services.
It applies equally to teachers who hold CIDs under Circular Letters 34/09 and 35/09.

Q. Does the Redeployment Scheme apply to teachers who hold a Post of Responsibility?
A. Yes. The Scheme applies to all permanent/CID teachers regardless of their promotional status.

Q. Who will operate the scheme?
A. The Minister for Education and Skills will appoint Directors/Assistant Directors charged with implementing the scheme. Both the TUI and ASTI have each appointed an Advisor to the Directors/Assistant Directors whose role will be to assist in the identification of issues of a practical or logistical nature.

Q. What constitutes a surplus teacher situation?
A. A surplus situation arises in a school where the school has one or more teachers in excess of its allocation and such excess represents more than 1% of the allocation to the school.

A surplus situation arises where a VEC has one or more teachers in excess of its allocation and such excess represents more than 1% of the allocation to the VEC.

Q. Does this determination of a surplus teacher situation differ between voluntary secondary and C&C schools as opposed to VECs?
A. Yes. Secondary and C&C schools would be in a surplus situation where they have one or more teachers in excess of the allocation to the individual school provided that excess represents more than 1% of the allocation to the school.

VECs would be in a surplus situation where they have one or more teachers in excess of the allocation to the VEC Scheme, provided that excess represents more than 1% of the allocation to the VEC.

Q. How would vacancies for the purposes of potential redeployment be identified?
A. Applicable vacancies are all permanent and temporary vacancies in whole or part-time posts, save where such posts cannot be deemed a vacancy by operation of law. All schools/VECs must notify all applicable vacancies in the school/VEC, as soon as they arise, to the Director of the Scheme. Schools/VECs will inform the Director of the reason for a proposed appointment and indicate the subject/programme preferences for the filling of the post. No appointment shall be made without the express written authority of the Director.

Q. How would the redeployment of a permanent/CID teacher affect non-permanent teachers?
A. The redeployment of a permanent/CID teacher into a school/VEC could lead to the non-renewal of the teaching contract of a fixed-term teacher. However, permanent/CID teachers may be transferred only into whole or part-time posts which are deemed vacant and to which teachers already in the school or scheme do not have an entitlement by operation of law. It is the view of TUI that some fixed term teachers will, based on their specific contract(s)have a legal entitlement to have their contracts renewed.

Q. Would a teacher redeployed into a short-term vacancy lose his/her permanent status as a permanent teacher?
No. The permanent whole-time status of teachers is not in any way affected. In addition, in the operation of the scheme, the Director will have regard to the practicalities of filling short-term vacancies by redeployment.

Q. Would the eligibility for a CID of a fixed-term/PRPT teacher in the fourth consecutive year of employment be negated or otherwise set aside by any necessity to redeploy permanent/CID staff from other schools/centres?
A. The first option which must be exercised by the employer is offering a CID where an existing fixed-term teacher qualifies for such in accordance with the terms of CL 34/09. (However, in order to qualify for a CID there must be no objective grounds set out in the fourth year of the contract, which would prevent such a teacher from being awarded a CID.) This option must be exercised before an employer would submit the vacancy for filling by redeployment.

Q. What is the method for determining the teacher(s) to be redeployed?
A. A school/VEC would ascertain if an existing member of staff wishes to apply for redeployment on a voluntary basis. A school/VEC would, at the same time, identify a teacher(s) for compulsory redeployment; such a teacher(s) would be redeployed in the event that it does not prove possible to redeploy the teacher(s) who applied on a voluntary basis.
Teachers would be identified for compulsory redeployment on the basis of seniority in the first instance, and the curricular needs of the school. A seniority list of teachers in the school must be drawn up for redeployment purposes. This list must be agreed by management and staff and must be made available to all teaching staff. The school/VEC would form a view as to whether the school/VEC could cope with the loss of the most junior teacher on the list.
In the event that the school/VEC concludes that it is not possible to cope without the most junior teacher, it will review the position of the second most junior teacher and so forth, in reverse order of seniority, until a nominee whose redeployment can be coped with is identified.
In the event of the nomination for redeployment of a teacher(s) who is not the most junior teacher, the teacher nominated in lieu of such a teacher(s) would be provided with a statement from the school/VEC setting out why, given the curricular needs of the school, s/he was nominated.
It will be open to a nominee for redeployment to write to the Director of the Redeployment Scheme setting out the reasons why s/he considers that the process and procedures of the scheme were not complied with. The Director will then consider these concerns and ascertain whether or not the process and procedures were followed in a correct manner.

Q. To which types of school may teachers be redeployed?
A. The Redeployment Scheme is a cross-sectoral scheme. However, the Director will, in the first instance and where practicable, assign a teacher in a VEC scheme to a post in the VEC sector and a teacher in a voluntary secondary school will be assigned, in the first instance and where practicable, to a post in that sector.
In the event that, in the opinion of the Director, no post exists in the VEC Sector, the Director will assign the teacher to a post in the Voluntary Secondary School or C&C sector.
Similarly, where in the opinion of the Director, no post exists in the Voluntary Secondary School sector, a secondary school teacher will be assigned to a post in either the C&C or VEC sector.
Teachers in C&C schools could be assigned to a post in another C&C school, a voluntary secondary school or a VEC school.

Q. Does the Redeployment Scheme set aside the TUI/IVEA Teacher Transfer Agreement, 1999?
A. No. The Redeployment Scheme provides for the redeployment of a teacher to a new employer. The Teacher Transfer Agreement provides for the internal transfer of a VEC teacher within that VEC, without change of employer.

Q. Under which circumstances may a redeployment be deferred?
A. Where, on the basis of evidence submitted to the Director to support the opinion of a school/VEC that its surplus position is strictly short-term or transient, the Director may, at his/her discretion, defer a decision in relation to redeployment .

Q. May a teacher in a school which is not in a surplus position apply to be redeployed to a school outside the 50 kilometre limit from his/her existing school or from his/her place of residence?
A. It is recognised that teachers may wish to transfer on a voluntary basis to another part of the country. It is agreed that discussions will take place with a view to putting a pilot scheme in place to facilitate such requests.

Q. Does a teacher who is redeployed lose his/her seniority for promotional purposes?
A. No. Reckonable teaching service for promotional purposes in the previous school is transferred to the receiving school and will be reckonable for promotional purposes in the receiving school.
This is subject to one exception, that a teacher being redeployed from a voluntary secondary school to a receiving voluntary secondary school will not transfer reckonable teaching service for promotion purposes.

Q. What recourse is available to a teacher who has been redeployed to have his/her placement reviewed?
A. The teacher may request the Director to review the redeployment decision by the 31st of March a year after redeployment took place. the Director by 31 March of the year after redeployment took place. In conducting the review, the Director will consider the extent to which the terms of the redeployment scheme were met and will also consider any other relevant factors which are raised. At his/her discretion, the Director may either confirm the original redeployment or put in place a revised redeployment within the terms of the scheme.

For further information please refer to the document ”Public Service Agreement 2010-2014 Outcome of Discussions “, contact your school representative or Branch Officers or email tui@tui.ie
 

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