Common use of Compulsory Transfer Clause in Contracts

Compulsory Transfer. Where no volunteer can be found to reduce the staff to the approved complement, the following criteria will apply to identify the teacher to be compulsorily transferred. In most circumstances the teacher with least continuous service with Angus Council and, where appropriate, the former Tayside Regional Council, will normally be required to transfer. Where continuous service, as referred to above, produces identical results, the teacher with least continuous service in their existing school/base will transfer. Consideration should be given to the balance of experience and skills of the teaching staff remaining to support delivery of the curriculum in affected schools (for example, overall breadth of skills/experience/abilities, subject/area of registration, dual qualification etc). If a teacher has been transferred within the previous two years, the teacher with the next least continuous service, as referred to above, is liable to transfer. In determining an appropriate transfer, personal circumstances such as travel, family or health will be taken into account. Eligibility for any additional travel costs to the new school will be in accordance with the council’s Excess Travel Expenses (Personnel Advisory Bulletin x), payable for a period of two years. The teacher will receive written notification of the need and liability for transfer. The Head Teacher should meet with the teacher to offer appropriate supportive advice about the circumstances leading to the liability to transfer and the procedures to be followed. The teacher should be asked to identify any preferences for schools, geographical location, size of school; stages etc and this should be passed to Schools & Learning Service Manager. Although no guarantee of meeting preferences can be given, these will be given consideration. The teacher identified will then be transferred to an available permanent vacancy to which he/she is qualified. Where the transfer is due to a promoted post no longer being required, a suitable promoted post will be sought, or a transfer to a class teacher post with conservation in accordance with SNCT Handbook of Conditions of Service. Should a vacancy arise in the school the teacher was transferred from, in the first year of transfer, and the teacher requests to transfer back in writing, and is qualified, he/she will be given first option to transfer back to their former school. Where no immediate permanent or suitable vacancy exists, the teacher will retain their permanent employment status, with the following options being applied: 1. Remain in current post in existing school 2. Transfer temporarily to another school, based on needs of schools 3. Transfer temporarily to more than one school, based on needs of schools, but delivering a meaningful timetable in each school. In the event that there is no foreseeable likelihood of a permanent vacancy arising other options will need to be considered. There are outlined in Section 5.