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22. CONTRACTUAL AND GENERALEIS Transfer Policy Covering Maingrade and Chartered Teachers1. The majority of teachers are appointed to the service of an authority and are subjectto transfer in the light of the exigencies of the service. Compulsory transfer,nevertheless, must be applied reasonably and fairly. EIS policy on transfers is thatthere should be a balance between the teacher’s interests and those of theauthority. Too little regard is often given to the inconvenience, the cost, the alienationof staff compulsorily transferred. These are the broad principles on which thefollowing policy is based.2. Where there is a need to transfer a teacher from a school, because of a falling roll orfor some other legitimate reason (eg merger, closure, curricular change, promotioninto school etc), the education authority should explore every possibility of obtainingagreement on a voluntary transfer. Compulsory transfer should only be contemplatedwhere it has proved impossible to obtain agreement on a voluntary transfer.3. Compulsory transfer is only acceptable to the Institute where there is evidence thatthe school will be able to cope with its workload, after the transfer has taken place,without breaches to teachers’ conditions of service and where the teacher is beingmoved to fill a genuine and appropriate vacancy.4. A teacher should be selected for compulsory transfer on the basis of “last-in, firstout”,with reference to total continuous service with the education authority and,where appropriate, its predecessor. (Continuity of the service will not be construed ashaving been broken by periods of maternity leave – see paragraph 11).5. The “last-in, first-out” principle should be applied in the context of a department ofthe school where the staffing complement dictates that a reduction in staffing shouldbe made, or in the context of the whole school as appropriate in the circumstances.6. Written notice of the intended compulsory transfer should be given to the teacherconcerned at least four working weeks before the effective date of the transfer. In allcases individuals should be given a choice of schools to which to transfer where sucha choice exists.7. Teachers who are compulsorily transferred should be protected from furthercompulsory transfer for a period of three years. The “last-in, first-out” principleshould be modified to the extent necessary to allow this other principle to be applied.Action in the Event of Breaches of EIS Policy8. Where an EIS member is threatened with compulsory transfer in circumstanceswhich breach one or more of the guidelines set out above, and where the memberwishes to resist the compulsory transfer, the following action should be taken:(a)(b)The member should immediately notify the school representative that he/shehas a grievance over the proposed transfer and that he/she wishes the matterto be dealt with under official grievance procedure. Where the schoolrepresentative considers that the grievance falls within the ambit of this policy,relevant parts of the Council’s grievance procedure should be operatedforthwith.The school EIS representative shall inform the local association secretary ofthe circumstances surrounding the case. The local association will arrange forthe member to be assisted in processing at Directorate level and beyond and82September 2012
will advise headquarters who will take such other action as is appropriate inthe circumstances.9. In carrying out this policy it is important that representatives should inform their localassociation secretaries of all threats of compulsory transfer of members at theearliest possible moment. In each case the representative should supply thefollowing information:(a)(b)(c)(d)(e)(f)(g)name of memberlength of continuous service in the school (NB for this purpose periods ofillness and/or maternity leave are not regarded as interrupting the continuityof service)whether or not the member is the “last-in” to the school or departmentlevel of promotion of the membertotal length of service with the authority or any of its constituent predecessorswhether or not the proposed transfer is acceptable to the memberthe effect of the proposed transfer on the overall staffing position in theschool.10. EIS Recommendations on Calculation of Service for the Purpose of DeterminingTransfers.“A teacher shall be selected for compulsory transfer on the basis of “last in, firstout”. Service for this purpose shall be calculated as follows:(a)(b)(c)(d)Maternity leave shall count as teaching service in full, provided the teacherreturns to service by the end of the period when the statutory right of returnapplies.Where for any reason the teacher has a break in service the maximumallowable period of that break shall be seven years. Teaching service whichoccurred before a break of seven years or less shall count in full. Where thebreak is more than seven years no previous service shall be allowed.Where for any reason the teacher has more than one break in service, thesebreaks in service shall be aggregated. The maximum allowable aggregate shallbe seven years. Provided the aggregate of breaks in service is less than sevenyears, all periods of intervening teaching service shall count in full. Where thebreaks in service amount to more than seven years, only the serviceaccumulated between the breaks totalling not more than seven years in theperiod immediately preceding the return shall be credited.The aggregate of teaching service arrived at under (b) or (c) above shall beused in the determination of the teacher eligible for compulsory transfer underthe “last in, first out” principle.83September 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
Page 32 and 33: 6. Disciplinary Procedure6.1 Where
Page 34 and 35: Footnote: 1 The term “official(s)
Page 36 and 37: 13. LEARNING REPRESENTATIVES*CURREN
Page 38 and 39: The National Executive Committee wi
Page 40 and 41: (f)(g)talking with colleagues regul
Page 42 and 43: (e)advising appropriate EIS colleag
Page 44 and 45: Advising and supporting individual
Page 46 and 47: Supporting and encouraging teachers
Page 48 and 49: 15. The Role of EIS Learning Repres
Page 50 and 51: EDUCATION AND EQUALITY16. Education
Page 52 and 53: Briefing notes have been provided b
Page 54 and 55: MondayThe inspection will normally
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
Page 84 and 85: Job Sharing1. Good Practice Guidanc
Page 86 and 87: emaining partner. Thereafter, if th
Page 88 and 89: 23. PENSIONS AND SUPERANNUATION - T
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
Page 102 and 103: (ii) has been employed in pensionab
Page 104 and 105: GENERAL TEACHING COUNCIL SCOTLAND (
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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