RecruitmentYou Only Get One Chance to Get It Right

The final term of school coincides with the recruitment of teachers, SNAs and ancillary staff. A starting point is whether the Board of Management (BoM) has sanction for the post in question. In the case of permanent posts, you should be clear as to what, if any, entitlements serving members of staff have, including contracts of indefinite duration or panel rights. The BoM must adhere to its obligations in relation to the panel operator in each diocese or relevant patron body.

In advertising a post, and in any subsequent interviews, one must be careful not to offend against the Equal Status acts, including issues concerning gender, marital status, family status, age, disability, sexual orientation, race, religion and membership of the Traveller community. The interview process needs to stand up to scrutiny in the event of a dispute or legal action. Notes recorded by the interview panel should be on the basis that the data subject is looking over your shoulder. Ensure that the independent assessors are from an approved list provided by the relevant Patron. After the interview process, references should always be checkednever take short cuts.

When the BoM has approved the selection board recommendations, the approval of the Patron and the Department of Education should be sought. Another issue is the contract of employment. In simple terms, a contract is a bargain struck between two people, the employer and employee. This is a crucial document as it is the reference point when there are any disputes. Management bodies have employment templates that are very helpful. Good practice dictates that any staff should only commence employment after signing the contract.

The Mason, Hayes & Curran Education Team regularly represents schools when disappointed job applicants take cases to the Workplace Relations Commission. One such case involved a gender discrimination case where a male teacher complained that he was discriminated against as a female teacher was the successful candidate, even though the male candidate had more experience. The male teacher claimed that it was a forgone conclusion that the female teacher would be successful, that the notes of one assessor were minimal and that the BoM was improperly constituted. The BoM replied that when an assessor is asking questions at an interview, they tend to take fewer notes than the other assessors. Ultimately, the claim against the BoM failed.

Another teacher, who unsuccessfully applied for a full-time temporary post, took a case. Her complaint was that her non-appointment, and the way that her application was treated by the school, constituted discrimination on the grounds of age and religious beliefs. The teacher was 37 years of age and claimed that successful candidates were in their 20s, and that age discrimination is endemic in schools. She also claimed that an interview question was discriminatory in that it undermined her strong religious beliefs. The claim failed. It was held that the teacher’s skills on paper alone were not sufficient to get her the job. It was also held that taking offence to a remark is not the same as being discriminated against.

Employment legislation is complex and strongly tilted towards staff. Employing staff is probably one of the most important tasks that you as a member of the BoM must take. Additionally, the current job market very much favours the applicant. It is better to leave a post unfilled on a temporary basis than to select an unsuitable candidate. Always seek advice if you’re unsure or inexperienced.

If you have any queries about this article, contact druddy@mhc.ie David works as an advisor and training consultant with Mason, Hayes & Curran LLP.

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