The Union of Professional Educators (UPE) would like to express its profound concern regarding the withdrawal or cancellation of the Post of Head of Department (Inclusion) in the Ministry for Education, Sport, Youth, Research and Innovation (7841).
Prior to the feast of Santa Maria, many Learning Support Educators (LSEs) who applied for the post were informed that they were ineligible, either for not reaching the required qualification level or for not having enough years of service.
Several UPE members fully satisfied both the qualification and experience requirements. The exclusion of their supply service years contravenes established agreements and past practice.
- Qualifications Requirement
The members in question hold a recognised qualification that satisfies the 180-ECTS threshold, which granted them LSE 3 status.
2. Experience Requirement: 13 Years of LSE Duties
These members have 13+ years of uninterrupted service performing Learning Support Educator duties.
3. Contested Exclusion of Supply Service Years
The Public Service Commission’s (PSC) assertion that “experience as a Supply Learning Support Educator is not considered for eligibility” is legally unfounded and misinterprets the Sectoral Agreement.
Legal Clarification: The 2:1 Ratio Applies ONLY to Salary Progression
The Agreement explicitly limits the 2:1 conversion of supply years to financial computations, not promotion eligibility:
- Part IV, Clause 2.5: “Supply Learning Support Educators […] shall have their years of service […] reckonable for progression between one salary scale to another […] on a ratio of 2:1. For computation of salary purposes.“
- Annex III (Bridging Agreement): “Service as a supply educator […] shall be taken into consideration for salary placement only (on a 2:1 basis) and not for seniority or promotion eligibility.”
Promotion Eligibility Requires Substantive Service
For promotions and grade changes, only confirmed service counts:
- Part IV, Clause 5.4.1: Requires “not less than ten (10) scholastic years teaching experience” (with no reference to supply years).
- Part IV, Clause 5.3: Stipulates “twenty (20) years of teaching experience, five (5) years as Head of Department” (supply years are excluded).
The term ‘Confirmed’ within PART IV, Clause 5.5.1.b refers to the confirmation of Supply LSEs after a six-month probation period, at which point they are considered ‘Confirmed’ for such purposes.
4. Precedent & Fairness
Past calls for HOD positions (Inclusion or otherwise) never excluded supply service years when calculating experience.
The current call’s eligibility criteria (Clause 4.1iii) states only:
“have not less than thirteen (13) scholastic years performing Learning Support Educator duties.”
It does not specify the exclusion of supply duties.
The Union Demands:
- The immediate reinstatement of the applicants’ applications before the Selection Board.
- Recalculation of experience inclusive of all years performing LSE duties (including Supply LSE years).
- Written clarification from the PSC confirming that supply years count toward experience eligibility for future calls.
It is concerning that the call has been withdrawn while such cases are under investigation by the PSC, unless the Ministry intends to re-issue the call with altered criteria.
The Union stands firm on its demands and calls upon the competent authorities to rectify this misinterpretation of the sectoral agreement.
