Paul Murphy (Dublin South West, Solidarity)
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375. To ask the Minister for Education and Skills if he is aware that some schools (details supplied) are pressuring their teachers to not wear clothing that may be perceived as being of Middle Eastern or Palestinian in style, such as the keffiyeh; if her Department has a policy on this; and if she will make a statement on the matter. [33518/25]

Helen McEntee (Meath East, Fine Gael)
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Under the provisions of the Education Act 1998, the board of management is the body charged with the direct governance of a school. Section 15 of the Education Act 1998 (as amended by the Education (Amendment) Act 2012), sets out the duties and functions of the boards of management of recognised schools or, where the employer is a person other than a board, by that person.

Under Section 24 of the Education Act 1998, the responsibility for the regulation of discipline and grievances related to staff fall within the responsibility of the Boards of Management of recognised schools as the employer, or where the employer is a person other than a board, by that person, subject to the agreed procedures in place.

While the Department sets out the composition of boards of management and rules of procedure it is not directly involved in the management of schools. The Department does not have the legal powers to instruct a school to follow a particular course of action regarding individual complaint cases, or to investigate individual complaints except where the complaint involves a refused enrolment, expulsion or suspension, in accordance with section 29 of The Education Act, 1998. Accordingly, any complaint regarding disciplinary or grievance processes is a matter to be addressed by the employer i.e. the Board of Management of the school.

Grievance policies and procedures are negotiated between the relevant unions and school management bodies. Employers are obligated to provide all new employees with written details of disciplinary and grievance procedures when taking up employment and the school should provide a copy to its staff on appointment and should include the procedures in employee’s induction. Interpersonal grievances should generally be dealt with under the internal grievance, or dignity at work, procedures.

Where there are concerns about the process advice may be sought perhaps from a union representative or from a legal source to advise on the possible options open to an individual. Alternatively, advice can be sought from the Workplace Relations Commission, if appropriate, depending on the circumstances of the case.