The case stems from a highly critical inspection report of St Augustine’s Primary in Coatbridge, North Lanarkshire, in May. The council decided to transfer the three teachers to other schools using the clause in every teacher’s contract, which permits their relocation. It argues the teachers must be moved to improve the school’s performance, and officials maintain they have acted within their rights.
However, the NASUWT, which represents the three, has challenged the decision on the basis that no formal disciplinary proceedings had started before they were asked to move. The union has been granted an interim interdict which bars the council from moving the members of staff until after a full hearing.
Chris Keates, general secretary of the NASUWT, said the outcome would have major implications for all teachers.
She 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.”
The mobility clause in teachers’ contracts has only ever been used by employers after a formal disciplinary procedure to require the transfer of teachers within an authority because of conduct or performance issues. It has also been used to transfer teachers surplus to a school’s requirements and for reasons of health and wellbeing.
But an NASUWT spokeswoman said action had been taken by the council without any formal procedure and without the agreement of the teachers concerned.
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 concerned had had issues raised about their performance, she added, and all three had given more than 19 years’ service to the school.
“We consider this an abuse of the mobility clause and will challenge the actions of the local authority.”
The NASUWT, which has written to education secretary John Swinney about the matter, said the decision had set a precedent for other employers to “unfairly and unjustly” invoke the mobility clause of individual teachers.
Isabelle Boyd, the council’s assistant chief executive for education, 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.”
The inspection report into St Augustine’s was one of the worst on record, with the school receiving four “weak” ratings for improvements in performance, meeting the needs of learners, the curriculum and improvement through self-evaluation.