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GENERAL TEACHING COUNCIL SCOTLAND (GTCS)All convictions of teachers are reported by the Crown Office to the GTCS Registrar andsubsequently to the Chair of the General Teaching Council Scotland. If the conviction issuch as to raise the question of a teacher's suitability to continue teaching, the offence isconsidered by the Investigating Committee, to which written submission on the member'sbehalf may be made. If it is decided that there is a case to answer that matter will bereferred to the Disciplinary Committee before which the teacher will appear and is entitledto representation. The Disciplinary Committee has power to instruct the Registrar toremove the teacher's name from the register either immediately or at a specified dateshould there be any repetition of the offence. A teacher whose name has been removedfrom the GTCS register may not teach in a state school in Scotland.WARNING TO TEACHERSIt is all too easy for a teacher, in the vain hope of avoiding publicity, to plead guilty at trial inthe Sheriff or District Court. Members are advised to consult a solicitor who is aware of theGTCS’ locus in the convictions of teachers and the professional consequences of a guiltyplea. Where the charge is connected with theft, sexual offences, alcohol, perverting thecourse of justice (eg giving false name), virement or misuse of monies, the advice of the<strong>EIS</strong> should be sought.PARENT COUNCILSQuestions have arisen as to the right of a Parent Council to discuss theprofessionalism/conduct of a member of the teaching staff. The Parent Council has nopower in law to discuss such matters.OVERPAYMENT OF SALARYWhere an authority makes an error in payment of salary, it has the right of recovery as longas in doing so the recovery is just and equitable in the circumstances. If, for example, anage allowance is not halved or having been informed that a teacher is an ordinary graduatethe teacher is paid as an honours graduate, then recovery of overpayment is possible.If, at the request of the teacher or at the authority's instigation, the service of the teacher isrecalculated at any time, no recovery of overpayment is possible and the new assessmentis effective from the next full pay month. Where, for any reason, a mistake in salary hasbeen made, the authority is required to correct the error as soon as it is discovered.Where recovery of payment is sought by an authority on the grounds of clerical error, aclear description of the error should be provided and the agreement of the teacherobtained as to the rate of repayment. This should never be less than the rate at which theoverpayment accumulated.DEFAMATIONSlander or libel occurs when an untrue and damaging statement is spoken or written andthereby communicated to others. Truth is a defence against accusations of either. Mattersof public interest, privileged exchanges, genuine ignorance of the implication of thedefamation, offers to make amends, e.g. public retraction, can all affect the outcome ofdefamation proceedings.With regard to teachers it is accepted that non-malicious allegations by parents, based onreports of pupils are unlikely to be actionable, otherwise complaints against teacherswould be inhibited to an unacceptable degree. Once, however, a complaint has beeninvestigated and found to be groundless, further repetition of the same or similarallegations could give rise to court proceedings.104September 2012
Teachers are properly vigilant of their professional reputation. Unfortunately, and too often,the least effective means of defending a reputation is a court action for defamation due tothe publicity should action attracts.EMPLOYMENT RELATIONS COMMITTEE: SERVICING OF MEMBERSThe Employment Relations Committee consists of serving teachers with experience of mostof the difficulties with which their colleagues are presented. The Committee is informed ofthe conduct of every case involving legal assistance and of all other cases that haveimplications for the generality of teachers. Under the <strong>EIS</strong> Constitution, the decisions of theEmployment Relations Committee are final. Members can be certain that all aspects ofcases before the Committee are treated with the greatest care.The Committee is serviced by the Employment Relations Department. At the disposal of theCommittee are our advising solicitors who specialise in particular aspects of the law whichaffect teachers.The Committee reports its work to Council in the most general terms but maintains fullconfidentiality in respect of individual cases.105September 2012
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1. THE EIS AND ITS MEMBERSEIS membe
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A CENTURY AND A HALF OF SERVICE TO
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The EIS-ULA is one of two unions th
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4. YOUR EIS CONTACTSHEADQUARTERS46
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5. EIS POLITICAL FUNDThe EIS was fo
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membership within that local associ
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YOUR ROLE AS AN EIS REPRESENTATIVE8
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A member or representative should n
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members of the directorate. An indi
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During recent campaigns, the EIS na
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• You should make contact with yo
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11. THE ROLE OF THE LOCAL ASSOCIATI
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PROTOCOL ON CASE HANDLING1. Introdu
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6. Disciplinary Procedure6.1 Where
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Footnote: 1 The term “official(s)
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13. LEARNING REPRESENTATIVES*CURREN
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The National Executive Committee wi
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(f)(g)talking with colleagues regul
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(e)advising appropriate EIS colleag
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Advising and supporting individual
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Supporting and encouraging teachers
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15. The Role of EIS Learning Repres
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EDUCATION AND EQUALITY16. Education
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Briefing notes have been provided b
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Page 56 and 57: The report should be written in suc
Page 58 and 59: views and perceptions on the areas
Page 60 and 61: 17. SCHOOL IMPROVEMENT PLANPOLICY A
Page 62 and 63: 5.4 All aspects of work and decisio
Page 64 and 65: 18. EQUALITY“Equality is not a mi
Page 66 and 67: Pregnancy and maternityA woman is d
Page 68 and 69: The legislation also covers enrolme
Page 70 and 71: 19. Standard for Initial Teacher Ed
Page 72 and 73: www.sfc.ac.ukwww.ecu.ac.uk72Septemb
Page 74 and 75: NOTES(a)Maingrade Scale and Charter
Page 76 and 77: THE WORKING HOURS OF TEACHERS21. CO
Page 78 and 79: Where notice in working weeks is no
Page 80 and 81: ADOPTION LEAVE AND PAYThe provision
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Page 84 and 85: Job Sharing1. Good Practice Guidanc
Page 86 and 87: emaining partner. Thereafter, if th
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Page 90 and 91: either in the interests of the effi
Page 92 and 93: LUMP SUM35 x 1/80 x £32,500 = £14
Page 94 and 95: If you have less than 2 years membe
Page 96 and 97: The contracts also differ in the me
Page 98 and 99: Yes, this could be very sensible be
Page 100 and 101: As with other types of money purcha
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Page 106 and 107: EIS AND THE WIDER COMMUNITY25. POLI
Page 108 and 109: 27. TRADES UNION CONGRESSThe TUC re
Page 110 and 111: 29. EUROPEAN AND INTERNATIONAL AFFA
Page 112 and 113: 31. NATIONAL UNION OF STUDENTSEIS e
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