Bríd Smith (Dublin South Central, People Before Profit Alliance)
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72. To ask the Minister for Education and Skills further to Parliamentary Question No. 206 of 19 February 2019, if his attention has been drawn to the fact that an education and training board (details supplied) has failed to follow agreed disciplinary and grievance mandatory procedures; and his views on the failures of the education and training board to follow mandatory circulars in matters concerning its workforce and disciplinary proceedings. [21340/19]

Joe McHugh (Donegal, Fine Gael)
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Matters relating to the regulation of discipline fall within the responsibility of the Education and Training Board as the employer, subject to the agreed procedures.

Circular 0048/2018 sets out the disciplinary procedures for teachers and Principals employed by Education and Training Boards (ETBs). The procedures were negotiated and agreed with the education partners in accordance with the Education Act and the ‘Towards 2016’ national pay agreement.

Where an ETB is dealing with performance or conduct issues in respect of a teacher, the use of Circular 0048/2018 is mandatory. The procedures set out in Circular 0048/2018 may be commenced or ceased at different stages by the employer depending on the circumstances of the individual case concerned.

The Circular sets out a clear stage-based process for the handling of disciplinary processes, including a mechanism for appeal to an independent appeals board. It may also be open to an individual teacher to pursue their statutory employment rights through the Workplace Relations Commission where appropriate depending on the circumstances of the case.