Recommendation to end discriminatory seniority ranking of Learning Support Educators

Recommendation to end discriminatory seniority ranking of Learning Support Educators

Published January 19, 2026

The complaint

Three hundred and twenty-nine Learning Support Educators in Government service filed a complaint alleging improper discrimination in the way seniority is determined within individual state schools.

The complainants claimed that seniority among Learning Support Educators is ranked on the basis of academic qualifications obtained after engagement in the public service. As a result, educators who acquire new or higher qualifications are placed above others in seniority, regardless of length of service. The complainants argued that this practice negatively affects deployment and re-deployment decisions.

They pointed out that this approach does not apply to other educator grades, such as teachers or kindergarten educators, who retain their seniority regardless of the qualifications of newly appointed staff. The complainants clarified that they were not contesting pay progression linked to qualifications. Their complaint concerned seniority only.

Facts and findings

The Commissioner for Education opened an investigation and requested the views of the Permanent Secretary at the ministry responsible for education. The Ministry did not provide a substantive reply, citing ongoing discussions with the Malta Union of Teachers and stating that it was not in a position to express its views at that stage.

Despite the lack of feedback, the Commissioner established the factual position through the use of statutory powers. The investigation confirmed that the practice described by the complainants is applied across state schools and has been in place for several years.

Evidence showed that Learning Support Educators are the only educator grade subject to this form of seniority ranking. No written policy, circular, or legal instrument was produced to justify the practice. Witnesses confirmed that it does not apply to other educator grades.

The investigation examined the relevant legal framework. The Manual on Resourcing, Policies and Procedures clearly states that seniority in public service is determined by the date of appointment in the grade and, subsequently, by previous service. Both the current and previous collective agreements establish a single grade of Learning Support Educator, despite different salary scales linked to progression.

The Commissioner found that the responsibilities, duties, and working conditions of Learning Support Educators remain identical regardless of salary progression. As a result, the provision allowing higher salary scales to determine seniority was found to be inapplicable.

The current practice was therefore found to be unlawful and discriminatory. It breaches the applicable rules on seniority and treats Learning Support Educators differently from other educator grades without any objectively reasonable justification.

Conclusions and recommendations

The Commissioner for Education concluded that the complaint was fully justified and sustained. The current practice of determining seniority among Learning Support Educators based on qualifications rather than date of appointment amounted to maladministration in terms of the Ombudsman Act and the rules governing the public service.

The Commissioner recommended that this illegal practice cease immediately. Seniority for Learning Support Educators at all levels of the public service must be determined strictly in accordance with the applicable provisions of the Manual on Resourcing, Policies and Procedures.

This case study is being published pursuant to Article 29(2) of the Ombudsman Act 1995, in the public interest.