Updated 22/5/20 at 4.15pm
ASTI secures full indemnity, advises its members to engage with the Calculated Grades for Leaving Certificate 2020 model

The ASTI, together with the union’s legal advisers, engaged with the Department of Education and Skills today on their concerns regarding the indemnity that has been made available by the Department of Education and Skills for teachers undertaking work on the Calculated Grades for Leaving Certificate 2020 model. Those concerns related to the potential for teachers to have to bear legal costs should civil proceedings be taken against them arising from discharge of their functions under the calculated grades model.

As part of that process, the ASTI sought to have full indemnity available for teachers while they undertake this work in good faith. The ASTI has now secured the necessary clear assurances and clarifications that allow for teachers to proceed with this work without fear of negative financial consequences.

Crucially, the Department of Education and Skills has given an undertaking that in all cases where the indemnity applies, the Chief State Solicitor’s Office will take over the running of the litigation.

This strengthening of the indemnity will ensure that a teacher will not have to employ her/ his own legal team to defend herself/ himself and run the risk of incurring large irrecoverable costs and expenses.

The ASTI is now in a position to advise its members to engage with the Calculated Grades for Leaving Certificate 2020 model.

Teachers can now proceed with the process and will apply the high professional standards it require


Previous Statement 21/5/20

In the context of the current global pandemic the ASTI recognizes that an emergency Calculated Grades for Leaving Cert 2020 process is necessary in order provide clarity, allay students’ anxiety and to allow our Leaving Cert students to progress to the next stage of their lives.

The ASTI has engaged with the process to ensure that the Calculated Grades for Leaving Certificate 2020 model can be rolled out as quickly as possible for students.

As part of that process, we have sought to have full indemnity available for teachers while they undertake this work in good faith.

Unfortunately, and upon legal advice, the indemnity that has been offered to teachers thus far falls short of what is required and could potentially lead to personal liabilities for costs for second level teachers. This position is unacceptable.

We will continue to engage with the Department of Education and Skills to secure the necessary provisions. In the meantime, we are advising ASTI members not to undertake any work on the process until this issue is resolved.

Source: ASTI Press Release

Comments