Home tutors should be treated as department employees, not sub-contractors, says TD

Cork TD Colm Burke is calling for home tutors to be officially designated as employees of the Department of Education.  Picture: File

Home tutors, who provide tuition to children that are unable to attend school, must be treated as employees of the Department of Education and not ‘sub-contractors’ as they are now.

That’s according to Cork TD Colm Burke (Fine Gael), who is calling for home tutors to be officially designated as employees of the Department of Education.

There are approximately 1,425 home tutors who work with children who are not in school due to mental health difficulties, illness, or who are without an offer of a school place.

Currently, home tutors are classed as ‘self-employed’ and are subject to PSRI Class S, which means they do not have the right to sick leave, holiday pay, maternity benefit, or pension entitlements.

Tutors can complete 42 hours of tuition each week. While they are engaged with the families of the children receiving the tuition, they are not contracted directly by the Department of Education like school-based teachers. However, the Department does act as their payroll agent.

Discrepancy

If a company in the private sector applied a similar approach, it would be criticized, Mr Burke said.

“Likewise, in this case, the Department of Education is paying these people. They are making the deductions from their pay in relation to PRSI and PAYE but then they are still deemed not to be employees of the department. 

“I think this needs to be regularized. There are quite a number of people in Cork alone who are providing this service. As I understand it, there is a huge demand for this service and there are some people who are having difficulty in tutors being provided.”

Colm Burke TD wants home tutors to be officially employed by the Department of Education. Picture: Howard Crowdy

A spokesperson for the Department of Education said the home tuition grant scheme is "intended to be a short term intervention."

"The Department of Education Home Tuition Grant Schemes provide funding towards the provision of a compensatory educational service for children who, for a number of specific reasons, are unable to attend school. By its nature, it is intended to be a short term intervention," they said.

"Under the Home Tuition Schemes, home tutors are engaged by the parents/guardian of the child who is to receive tuition. Home tutors do not have a contractual relationship with the Department of Education.

"In accordance with instructions from the Revenue Commissioners, payments under the Home Tuition Grant Scheme are subject to statutory deductions at source. In order to facilitate and support parents, as an administrative solution my Department acts solely as payroll agents on behalf of the parents/guardian.

"The Department of Social Protection has determined that home tutors are engaged under a contract for service and are therefore self-employed and subject to PRSI Class S. Any further queries in relation to PRSI Class should be directed to the Department of Social Protection."

Previous figures provided by the Department of Education show that 172 students last term were in receipt of the home tuition grant on mental health grounds.  The tuition is provided in these "cases” to students with diagnoses of school phobia, also known as school refusal or ‘school avoidance, and/or associated depression or anxiety that is causing major disruption to their attendance.