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Teachers fight ‘spurious’ use of mobility clause

Three teachers have started a landmark legal case to contest their forced transfer to other schools, which unions say amounts to an abuse of the so-called mobility clause and could have implications across Scottish classrooms.

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.

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