As provider and employee representatives across both private and community Early Years services, we would like to express our serious concerns over the proposed judicial review of the Early Years Employment Regulation Order (ERO), which establishes legally binding minimum rates of pay for Early Years Professionals.
It has long been recognised by all stakeholders that, due to historic under-funding, the pay and conditions of Early Years Professionals do not reflect their qualifications, experience or their essential role in society. Low levels of pay are the key driver of the ongoing recruitment and retention crisis that is impacting the sustainability of services and quality for children due to high levels of staff turnover.
As employee and employer representatives, we welcomed the establishment of the Early Years ERO system in 2022 and subsequent ERO pay agreements to address the staffing crisis by improving pay and facilitating increased state investment.
Currently, the ERO is the only mechanism to improve rates of pay and access the associated state funding. We welcome the new allocation of €45 million in State funding and support the current pay negotiations to implement new, improved EROs by 1st September 2026.
We call on all providers, educators and stakeholders to reject the request for support. including funding of a judicial review. In our view, any action which undermines the ERO places state investment at risk, and is contrary to the interests of providers, educators, children, parents and families.
Together for Early Years has campaigned for a high-quality, affordable and accessible Early Years sector, and mobilised 30,000 people in support of these aims in February 2020.