The promotions system for teachers has been suspended following advice received by the Department of Education that it contravenes equality legislation, The Irish Times has learned. The relevant positions - sometimes known as A and B posts - arise when a teacher is given added responsibility within a school and a corresponding increase in pay. The posts of principal and vice-principal are not involved.
The system where promotional appointments are based either partly or wholly on seniority is in contravention of the Employment Equality Act 1999, the Department of Education has been advised. This is because there are significantly more senior male teachers than females.
It is understood a woman teacher could challenge the system in the courts by claiming the weight given to seniority placed her at a disadvantage in relation to male colleagues. It would be challenged under Section 34 of the Act, sources pointed out. The Department of Education is being advised by the office of the Attorney General.
Teacher unions and school management bodies have been informed by the Department that until the matter is resolved interviews for new posts will have to be postponed. They were told it would be "unsafe" to proceed with the appointment process at this time.
A Department of Education spokesman confirmed to The Irish Times last night that it was "concerned" that the system for appointments in schools could be "discriminatory" under the Employment Equality Act. He said the Department was studying legal advice it had received and was in contact with schools on the matter. He said no further comment could be made at this stage.
While the matter would have to be tested in court, sources have suggested the Department, in consultation with the office of the Attorney General, will not wait for this to happen and instead will issue new circulars covering interviews for promotional posts.
While the vast majority of teachers at primary are women and their numbers at second level are also increasing rapidly, male teachers continue to be the most senior members of staff in most schools. The legal advice given to the Department states that the requirement for seniority has an "disproportionate impact" on women.
The use of seniority differs depending on the type of school. For example, voluntary second-level schools interview candidates, shortlist the most suitable and select the most senior of those. This system is the most "vulnerable" to legal challenge, barrister and leading expert on labour law, Ms Marguerite Bolger told The Irish Times.
Schools in the vocational sector give 50 marks for a teacher's overall contribution to the school, 20 marks for relevant qualifications and 30 marks for seniority. While this would not be as vulnerable to challenge as the voluntary schools system, Ms Bolger said, it could still be challenged.
"It could be claimed it put female candidates at a 30 per cent disadvantage," she said. The system at primary level also gives weight to seniority, so the system for appointments there may also have to be changed.