Legal challenge to third-level posts policy may emerge

THE GOVERNMENT’S recruitment squeeze of academic staff at third level is likely to face a legal challenge from the group which…

THE GOVERNMENT’S recruitment squeeze of academic staff at third level is likely to face a legal challenge from the group which represents university lecturers.

The seven university presidents have also been considering a court challenge against the new Employment Control Framework which some maintain runs counter to the 1997 Universities Act, guaranteeing their independence.

While university presidents are cautious about a legal challenge, Mike Jennings of the Irish Federation of University Teachers (IFUT)said the new stipulation which allows colleges to engage academic staff largely on fixed-term contracts is a clear breach of European employment law.

In July, the Higher Education Authority (HEA) imposed new restrictions on recruitment in the higher education sector. Colleges were told continued State funding is contingent on co-operation with the framework.

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The new directive imposes new restrictions on recruitment and the continued employment of part-time and contract staff. It has prompted widespread dismay across the sector. One senior academic says it represents “potentially the biggest threat to academic freedom in a generation”.

In late July, the HEA agreed to modify some elements of the framework. But the instruction to reduce staff numbers by 3 per cent by the end of the year remains in place. The move will see the loss of 137 academic posts.

This will be achieved by the non-renewal of fixed-term contracts and failure to fill vacancies.

While colleges enjoy some discretion they must still achieve the employment cuts. Some exemptions are allowed, but only after clearance from the HEA and the Department of Education.

The following are details of the number of academic posts which must go in each university: UCD 29 (from a total of 971 academic posts); UCC 23 (781); NUI Galway 23 (780); NUI Maynooth eight (262); TCD 23 (758); UL 16 (522); and DCU 15 (502).

In all, 137 of the 4,576 academic posts across the seven universities will go. Broadly, colleges are required to maintain employment at 3 per cent below 2008 levels.

Last night, Mr Jennings said the IFUT “recognises that the university managements have been put in an almost impossible situation by the Minister for Education. However, they must not allow themselves to be instruments for the breaching of European employment law . . . and they must not be willing participants in a hugely damaging policy with regard to the education sector.”

The IFUT said it would oppose these attacks on the higher education sector.

Seán Flynn

Seán Flynn

The late Seán Flynn was education editor of The Irish Times