Teaching trio launch legal case to clarify council use of mobility clauses

A trio of teachers have launched a legal case to block their transfers to different schools, on the basis of their contracts’ mobility clauses, in a case that could make it more difficult for councils to move underperforming teachers in the future, The Herald reports.

Unions argue that to move the teachers would be an abuse of their mobility clauses.

The case comes in the wake of a damning inspection of St Augustine’s Primary School in Coatbridge, North Lanarkshire. Following the report the council attempted to move three teachers, availing itself of their mobility clauses.

But the teachers’ union NASUWT has challenged the decision on the basis that the council made it without first giving the teachers disciplinary hearings.

It has been granted an interim interdict which inhibits any attempt to move the teachers until a full hearing has been heard.

General secretary of the NASUWT, Chris Keates, 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 and we are 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.”

Ordinarily, the mobility clause has only been used following a formal disciplinary hearing, to move teachers where there is a surplus or for health reasons.

However, a NASUWT spokeswoman said the council failed to follow procedure.

She said: “The reason given by the council was that an inspection report had identified issues within P6 and P7, the areas in which they taught, but the report focused on only progress and achievement across the school and 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 19 years of service to the school. We consider this an abuse of the mobility clause and will challenge the actions of the local authority.”

Assistant chief executive for education at the council, Isabelle Boyd, said: “It would be inappropriate to discuss the detail while there are live legal proceedings.

“As the third largest education authority in Scotland we always act in the best interests of staff, children, young people, families and their communities.”