The NASUWT, the fastest growing teachers’ union in Scotland, is fighting a move which could result in all teachers in Scotland being placed at real risk of being moved to other schools without their consent or agreement.
The Union has launched a campaign against the misuse of a mobility clause which is in every teacher’s contract in Scotland.
This campaign comes after three teachers from St Augustine’s Primary School in North Lanarkshire Council were identified, citing the mobility clause, for permanent deployment to other schools from the start of this term.
This action was taken by the employer without any formal procedure being invoked and without either consent or agreement of the teachers concerned.
The reason given by the Local Authority was that an inspection Report from Education Scotland had identified issues within P6 and P7, the areas in which they taught.
However, the Report focused on only progress and achievement across the school. It did not identify any problem particular to these year groups, nor did it name or identify any individual teachers.
None of the teachers being directed to move had, at any time, had issues raised about their performance. All of the teachers identified had each given over nineteen years of service to the School.
The NASUWT considered this an abuse of the mobility clause and challenged the actions of the local authority. The Union applied to the court an interim interdict to seek to prevent the teachers being moved at the start of the academic year. This application was successful and the teachers have returned to the School.
However, North Lanarkshire has made clear that it is still determined to press ahead to seek to force the teachers to move.
The NASUWT is deeply concerned that this sets a precedent for other employers to unfairly and unjustly invoke the mobility clause of individual teachers. It also raises issues about inspection reports being used in this way.
Chris Keates, General Secretary of the NASUWT, said:
“Imagine the stress, distress and deep sense of injustice you would feel if you were forced, by your employer, to leave your place of work for no valid reason.
“If the mobility clause is allowed to be invoked on such spurious grounds, every teacher across Scotland is at risk.
“The NASUWT is determined to challenge and fight this not only on behalf of the teachers at St Augustine’s but also on behalf of all teachers across the country.
“Now, despite having an interim court judgement against it, preventing the forced move, the Authority intends to waste scarce public money and resources, continuing to challenge this decision.
“The NASUWT will be leaving no stone unturned to seek to protect these and other teachers. We will be pursuing all appropriate formal procedures, lobbying national and local politicians and continuing with legal action.
“I have already written to Deputy First Minister John Swinney highlighting the Union’s deep concerns, highlighting that this is an issue with national implications and asking for his assistance.
“Teachers across Scotland are being asked to support an E-Postcard Campaign expressing their support for the teachers at St Augustine’s and their opposition to the abuse of the mobility clause."
The NASUWT is urging all teachers across Scotland to pledge their support and sign an e-postcard to help raise awareness of unfair and unjust use of the mobility clause.
The e-postcard can be found at www.nasuwt.org.uk/StAugustines
Until now the mobility clause in teachers’ contracts in Scotland has only been invoked by employers:
- as a result of formal disciplinary procedure, to require the movement of teachers with whom there was seen to be conduct issues;
- to transfer teachers surplus to a school’s requirements in line with an agreed policy;
- as a reasonable adjustment for health and wellbeing.