The Financial Emergency Measures in the Public Interest (No. 2) Act 2009 provides for the reduction in the pay rates of all persons employed by public service bodies within the meaning of the Act with effect from 1 January 2010. Such reductions apply irrespective of whether a particular post is funded in whole or in part through non-Exchequer funds or income.
The staff of recognised schools are, whether employed in recognised public or private schools, deemed to be public servants within the meaning of and for the purposes of the Financial Emergency Measures in the Public Interest (No. 2) Act 2009. This position has been confirmed by legal advice.
Differentiation between workers paid exclusively through privately raised funds in recognised fee-paying schools and those funded in whole or in part through Exchequer funds would create difficulties as there is a variety of staff across the education sector who are employed by public service bodies but who are either wholly or partly funded from non-Exchequer sources. Within this cadre, there are also staff undertaking the same or similar duties to staff who are fully Exchequer funded. It would be inequitable and inappropriate to exempt the staff paid exclusively through privately raised funds from the pay reductions while other staff continued to be subject to the legislation.