That said, Serena’s ordeal has taken its effect on her emotionally and mentally over the past few years and as well as now seeking legal advice, she has also addressed her situation with the European Commission.
Serena, who used to come on family holidays to Mallorca, moved to the island in 1993.
She has a Spanish partner and both her two children were born on the island and, needless to say, all of her paperwork is in order - has been for the best part of 30 years.
She studied English philology with UNED (Spain’s Open University) as well as qualifying in Catalan and a Masters in Education in order to obtain her recognised Spanish qualifications and titles to teach in Mallorca. But she feels she has been blacklisted by the Balearic Ministry for Education, which has tried to do everything possible to prevent her from teaching - which she considers to be clear discrimination against her because she is British.
Serena has been working as an English teacher in public schools since 2013 and continues doing so during this academic year 2022-2023 as she is working for a public institution funded by the Consellería d’Educacion (Ministry for Education) of the Balearic Islands.
While waiting for further advice from the European Commission, she contacted Your Europe Advice to inquire about two situations that are closely related, as they involve the same educational institution, which is the Conselleria d’Educacion of the Balearic Islands.
During the month of November 2022, the government of Spain initiated “the stabilization process”.
As Serena understands it, and has been told, the aim of the process is to reduce the amount of civil servants that do not have permanent posts.
All people with the required qualifications and work experience in public educational institutions can apply and be candidates for this process.
The process does not guarantee a permanent post, as this will depend on work experience and qualifications. All people that are and have been working in public institutions and who fulfil the qualifications for the post are eligible and can therefore apply to be candidates for this process. However, she had been rejected as a candidate due to the fact that she was a British citizen, according to Serena.
The education authorities allowed ten days for rejected applicants to send a complaint or fulfil requirements that had been the reason for their exclusion.
In her complaint she clearly stated her situation, which is that of a permanent resident who is currently working in public institutions and who is therefore entitled to partake in selection process within education (she is aware that there are certain public bodies that are exclusively for nationals). However, she has been rejected for a second time and will not be able to participate.
The second situation is also related to the Conselleria d’Educació of the Balearic Islands.
During the month of February she applied to take part in a selection process to become a permanent civil servant - a process called Oposiciones Ordinarias, where candidates sit examinations in order to access a permanent post. She has also been rejected, the reason being that she is not a person from the EU.
Her inquiry was to have confirmation concerning the selection policies of both processes where she has been rejected. She understands that she is invested under the Withdrawal Agreement and that, therefore, not allowing her to partake in both processes is a discrimination and a breach of law concerning agreements for Brexit.
She wrote another complaint concerning this issue to the European Commission on 16/03/2023, but has not yet had a reply and her situation is increasingly worsening. So she is searching for any information concerning changes, providing they have taken place, within the right to partake in selection processes concerning teaching posts for the government of Spain for UK citizens who come under the Withdrawal Agreement.
However, a previous complaint to the European Commission led to her receiving EC backing and the Ministry issuing an apology.
“The reason being, that I am not from the EU, which is correct. However, this criterion should not have been applied for those citizens who were living and working in Spain before Brexit, let alone those who have a permanent resident status.
During 2021-2021, due to my exclusion from the list of available teachers, I made a formal complaint to the European Commission who held a meeting with the educational authorities, warning them of the breach of rights invested in British citizens who come under the Withdrawal Agreement.
“A result of this meeting was that the European Commission sent me a document that was crystal clear concerning my rights, not only with regard to teaching but also with the right to partake in any selection processes that were not related to security or issues related to the state (which are exclusively for Spanish nationals),” Serena said.
“But while I have been working at the EOI Official Language School in Palma, which has been and extremely supportive of my case, my three-year contract will expire this summer.
“And I know, I have a gut feeling, that I will not be on the list again for future posts in the new school year.
“Yes, I’ve been offered relief work covering for ill teachers but I’m not interested in that.
“I neither trained to do that nor do I want short-term positions, I want stability and to be treated fairly and like a true professional.
“Every year, teachers in the public sector are marked on their performance and ranked accordingly and when I was on the list, I scored well, which has made being taken off even harder to stomach.
“Last year I was due to take my national exams but emotionally I was not in a fit state, the whole ordeal had taken such a toll on me. For example, when I first started to complain, I was told to take up the matter with Boris Johnson because it was because of Brexit.
“Well, as the European Commission assured me and told the Ministry for Education, the Withdrawal Agreement makes it clear that people in my situation who were fully legal prior to Brexit were unaffected and that there rights remained exactly the same.
“I have been informed that ‘Under the WA, you are vested with the right not to be discriminated against, on the grounds of nationality, enshrined under Article 12. Within the scope of this Part, and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality within the meaning of the first subparagraph of Article 18 TFEU shall be prohibited in the host State and the State of work in respect of the persons referred to in Article 10 of this Agreement.’
“So I don’t know if I’m being bullied, but it appears clear to me I’ve been blacklisted for being British, despite being fully legal to work in the public sector.
“Whether it’s Brexit or not, I don’t know. But it is a clear case of discrimination and I intend to fight it all the way. I’m not giving up.
“ I know another Briton who was taken off the list and I fear that this attitude could be hampering the rights and lives of other Britons living in Spain.
“So I shall persevere until I find out what is going on and why.”
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