The filling of promotion posts in schools is primarily a matter for the management authority of each school in accordance with appointment procedures agreed between the managerial authorities, teacher unions and my Department.
Concerns have been raised that certain elements of those procedures that relate to seniority for promotion purposes may be indirectly discriminatory on gender grounds under the terms of the Employment Equality Act, 1998. Arising from those concerns, I understand that management authorities have not proceeded with the filling of certain promotion posts.
My Department has sought legal advice from the Attorney General's office in relation to these concerns and my Department is in discussion with that office on the complex issues involved. While the Employment Equality Act is largely untested law, my objective is to ensure that as far as practicable there is in place a system of promotion which conforms with the spirit and letter of the Act. It is further my intention that immediate discussions will take place with the managerial bodies and teacher unions when the advice of the Attorney General's office is available in order to reach agreement on any changes that may be required in procedures.