Transfer of Teachers
January 2010
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TC11 (LNCT06)
Transfer Policy and
Guidance for Teachers
Operational guidelines
Contents
Introduction 2
Continuous Service 3
A. CIRCUMSTANCES RELATING TO FALLING
SCHOOL ROLLS 4
Voluntary Transfer 4
Compulsory Transfer 5
Promoted Posts 6
Exceptional Circumstances 6
B. SCHOOL CLOSURES AND
AMALGAMATIONS 7
Teachers 7
Promoted Posts 8
Exceptional Circumstances 9
C. CIRCUMSTANCES RELATING TO THE
REDUCTION OF SERVICE PROVISION IN
THE BASE SCHOOL 9
Deployment of Learning Support Teachers
(Primary) 9
Deployment of Visiting Teachers (Primary) 9
Exceptional Circumstances 10
D. THE APPLICATION OF LNCT/16 AS A
RESULT OF RESTRUCTURING 10
One Person – One Post 11
One Person – Multiple Posts 11
More than One Person – One Post 11
More than One Person – Multiple Posts 12
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Introduction
1. Teachers are employed by Fife Council as an Education Authority and may be
transferred between schools within Fife at the discretion of the Authority.
2. Unless there are teachers who have been designated surplus, any permanent
post will normally be advertised.
3. The requirement to move or transfer to another school will normally be the result
of the following circumstances:
• Circumstances relating to falling school rolls
• School closures and amalgamations
• Circumstances relating to the reduction of service provision in the base
school
• The application of LNCT/16 as a result of restructuring
4. It is recognised by unions and management that there may be exceptional
circumstances where a teacher would transfer to another post for reasons other
than those given above. These may relate to personal circumstances or the
breakdown of working relationships. Generally management would seek
agreement from all involved i.e. unions, management and the teacher.
5. In circumstances where a transfer is the proposed action and agreement cannot
be reached or the teacher believes the selection criteria have been applied
inappropriately, he/she should discuss this with his/her Headteacher in the first
instance. The teacher may consult with his/her professional association and will
have the right to pursue this matter through the Grievance Procedure. In
accordance with this procedure, the status quo would be maintained until the
grievance is resolved.
6. In normal circumstances, individual teachers do not have a right to ask for a
voluntary transfer other than as defined in this policy. In the event that they wish
to move school they would be required to apply for vacancies through the normal
recruitment and selection procedures.
7. Written notice of any intended compulsory transfer will normally be given to the
teacher at least 4 weeks before the effective date of transfer.
8. When a teacher has been compulsorily transferred then, if the teacher has to
travel further to work to reach the school to which he/she is currently based and
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incurs additional expense, this will be reimbursed in accordance with the current
provisions.
9. The Service reserves the right to depart from the above procedure in exceptional
circumstances but undertakes to consult the appropriate trade union or
professional association before doing so. Normally Fife Education Service will
consider transfer to another suitable teaching post, for which the teacher is
qualified, as the main option.
Continuous Service
10. Within this policy, reference to continuous service refers to full and part time
service and will include temporary service where there has been no break in
service.
11. Maternity Leave / Adoption Leave
A teacher who returns to work following a period of ordinary or additional maternity
leave, will be deemed to have no break in continuity of service. This also applies
to adoption leave.
12. Career Break
Any period of career break under 5 years will not be regarded as being a break in
continuous service. Where a career break of more than 5 years has been taken,
service will be deemed not to be continuous. On an employee’s return from a
career break under 5 years their separate periods of employment (i.e. before the
career break and after the career break) will be treated as continuous. The period
of career break is not a period of employment and will not count towards
reckonable service.
13. Part time / Full time Contract
In a secondary school, where the surplus identified is full time i.e. 1.00 FTE, the
teachers considered for transfer would comprise only full time teachers. Where the
surplus identified is less than 1.00 FTE, then the teachers considered would
include any part time teachers within the identified subject.
14. Temporary / Permanent Contract
Where a teacher is appointed on a temporary basis to cover the absence of a
permanent postholder e.g. career break, long term illness cover, special leave, it is
the continuous service of the substantive post holder which will be considered.
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15. Job Share
The length of service will be determined by the length of continuous service of the
longest serving teacher in the job share arrangement. This will apply, if necessary,
to each of the first three criteria in paragraph 24 below.
NB Where a job-share post is identified as surplus, then both job-sharers will
require to transfer to another school in which a vacancy exists. The job-share
situation will continue to apply in this context with the detailed arrangements being
negotiated at school level.
A. CIRCUMSTANCES RELATING TO FALLING SCHOOL ROLLS
16. In line with the Authority’s current staffing formulae and the projection for the roll of
the school, a staffing complement will be determined annually for each school. If
this complement requires fewer teachers than the number of teachers currently
based in the school or if, in a secondary school, the balance of unpromoted staff
must change to meet, for example, changing curriculum needs, then it will be
necessary, in line with the procedures described below, to identify a teacher or
teachers to be transferred. This will be undertaken on a voluntary or compulsory
basis.
Voluntary Transfer
17. Where it becomes necessary for a teacher to be transferred, the Education
Service will explore first the possibility of a voluntary transfer.
18. In a primary or ASN school, this will be done on the basis of a meeting of the
whole teaching staff with the Headteacher.
19. In a secondary school the Headteacher will:
a. call a full staff meeting to advise all staff of any surpluses being declared; and
b. call a meeting with all staff in all subjects in which a surplus has been
identified.
20. The Headteacher should ask that any teacher who wishes to volunteer for transfer
should inform him/her within five working days of the meetings outlined above
(see paragraphs 18 and 19b).
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21. In all cases, Headteachers must ensure that all absent staff are made aware of
the situation.
22. If there are more volunteers than are requested, the Headteacher should discuss
the position with the volunteers and endeavour to resolve the position by mutual
agreement. If this does not lead to a resolution of the matter, then the criteria
relating to length of service should be applied in the order shown in paragraphs 24
and 25, where the member of staff with the most service from the volunteer pool
would be the person who would transfer.
23. The term ‘voluntary transfer’ applies only as defined in paragraphs 17 to 22
above. If a teacher wishes to move to a post in another school then paragraph 6
will apply.
Compulsory Transfer
24. Where no volunteer is found the following criteria will be applied, subject to para
29 below, in the order of priority shown i.e. when application (1) fails to select a
person, (2) will be applied, then (3). The final step would be to draw lots. The
teacher with the least service would be the teacher to be transferred.
(1) Total length of continuous service in Fife, while on full teaching terms and
conditions.
(2) Total length of continuous service based in the school, while on full teaching
terms and conditions.
(3) Total length of all teaching service
25. In secondary schools, each member of teaching staff must be designated as
teaching in a given subject or specialist support area. This will be based on the
proportion of time that the teacher is timetabled to teach that subject or provide
specialist support.
26. The teacher(s) identified by the above process will then be compulsorily
transferred to an available permanent vacancy for which he/she is qualified.
27. If there is no permanent vacancy available the teacher may be temporarily
transferred to a suitable alternative post without prejudice to his or her permanent
employment status. Any temporary post identified will be for at least an academic
year. When transferred on this basis, available permanent posts will continue to
be sought. The teacher will not be compulsorily transferred again until a
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permanent post becomes available.
28. If no appropriate vacancy under paragraphs 26 and 27 above exists, the teacher
will be informed that he/she will remain in their current post until a suitable
vacancy or other such option is identified. In such circumstances, the teacher
must be given a meaningful timetable until a transfer or other option is identified.
29. Notwithstanding para 24 above, in determining the appropriateness of any
compulsory transfer, personal circumstances such as travel, family or health will
be taken into account in any decision making process in relation to both the
selection of the member of staff liable to transfer and the suitability of any post to
which he/she may be transferred.
30. After a compulsory transfer, a teacher will not normally be similarly transferred
again within a period of 3 years unless the compulsory transfer has been to a
temporary post (see paragraph 27).
31. A teacher who is compulsorily transferred will have the first chance to transfer
back to his/her former school, if a vacancy arises within that school within a
calendar year of the original transfer, and a request for a transfer back is received
in writing. Such a return revokes the right to freedom from transfer for a three year
period from the date of the original transfer.
Promoted Posts
32. Where promoted posts may no longer be required, due to circumstances relating
to falling school rolls, the Education Service will identify suitable alternative
employment which may include a suitable promoted post or a transfer to a class
teacher post with conservation in accordance with the SNCT Handbook of
Conditions of Service. This may be in the same school or a different school.
33. In circumstances that require the redeployment of HTs / DHTs, every effort will be
made to identify opportunities for meaningful redeployment. This process will be
conducted in accordance with the relevant appointment procedures for Senior
Promoted posts in Fife Schools.
Exceptional Circumstances
34. In the event that there is no likelihood of any other suitable post arising or a post
suitable to the member of staff, then other options may be considered including
retraining and redundancy (this may be triggered by an expression of interest by
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the member of staff). Where redundancy is being considered, discussions will take
place with the teaching unions.
B. SCHOOL CLOSURES AND AMALGAMATIONS
35. Normally school closures result from strategic decision and local
consultation. Once the decision has been made to close a school appropriate
organisation, communication and direction will be undertaken by the relevant
Head of Service and Area Education Officer.
36. In relation to staff, the following procedures will apply to teachers from the closing
school who are identified as surplus. One overarching principle will be that each
member of staff at the closing school will be entitled to individual interview to
establish her/his preferences.
Teachers
37. Every effort will be made to transfer teachers to a suitable alternative post and,
where possible, cognisance will be taken of preferences stated by staff.
38. In the event of there being more than one teacher stating a preference for a
particular post, subject to para 39 below, selection of the person who will transfer
will be on the basis of length of service and applied in the order of priority shown
i.e. when application (1) fails to select a person, (2) will be applied, then (3). The
final step would be to draw lots. The teacher with the most service would be the
teacher to be transferred.
(1) Total length of continuous service in Fife, while on full teaching terms and
conditions.
(2) Total length of continuous service based in the school, while on full teaching
terms and conditions.
(3) Total length of all teaching service.
39. Notwithstanding para 38 above, in determining the appropriateness of any
compulsory transfer, personal circumstances such as travel, family and health will
be taken into account in any decision-making process in relation to both the
selection of the member of staff liable to transfer and the suitability of any post to
which he/she may be transferred.
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40. In the event of a school closure, if there is no permanent vacancy available, the
teacher may be temporarily transferred to a suitable alternative post without
prejudice to their permanent employment status.
41. In the event of a school amalgamation, the option of voluntary transfer would be
open to all staff. Where a number of vacancies exist in a particular school and
more staff wish to transfer than there are appropriate places, then selection will be
on the basis of paragraphs 38 and 39.
42. Redeployment to a suitable alternative service/council post is an option which will
be considered in accordance with legislation.
43. In certain circumstances early retiral may be a consideration.
Promoted Posts
44. Where promoted posts may no longer be required, due to circumstances relating
to school closures and amalgamations, the Education Service will identify suitable
alternative employment which may include a suitable promoted post or a transfer
to a class teacher post with conservation in accordance with the SNCT Handbook
of Conditions of Service. This may be in the same school or a different school.
45. In circumstances that require the redeployment of HTs / DHTs every effort will be
made to identify opportunities for meaningful redeployment. This process will be
conducted in accordance with the relevant appointment procedures for Senior
Promoted posts in Fife Schools.
46. In addition HTs / DHTs may be given the following options, if appropriate:-
a. Allocation on a management support basis to a temporary area of need.
At any given time there will be a need in a range of schools for input and
support from an experienced Headteacher. When this situation is no longer
required other options listed here will be considered.
b. Transfer to a class teacher position.
This would not affect any rights which the individual may have accrued in terms of
conservation of salary. It should be noted that initially this could be to a temporary
vacancy in anticipation of a future appropriate permanent vacancy. This would not
require a selection process.
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Exceptional Circumstances
47. In the event that there is no likelihood of any other suitable post arising or a post
suitable to the member of staff, then other options may be considered including
retraining and redundancy (this may be triggered by an expression of interest by
the member of staff). Where redundancy is being considered, discussions will take
place with the teaching unions.
C. CIRCUMSTANCES RELATING TO THE REDUCTION OF SERVICE PROVISION
IN THE BASE SCHOOL
Deployment of Learning Support Teachers (Primary)
48. A Learning Support teacher will be employed by Fife Council and assigned to a
base school for travel and other defined purposes. As the teacher is not appointed
to a specific school, he/she may be required to teach in this and in other schools
as required by the Executive Director of Education.
49. The deployment of the Learning Support Service will be regularly reviewed and
outcomes of such reviews may require Learning Support teachers to change
school and/or change base school. This is an integral part of the Learning Support
service review of allocation.
50. Where a review of the area learning support provision demonstrates a reduction in
demand at the current base school, a learning support teacher may be transferred
to a new base school. This change will be made in consultation with the teacher
concerned. This will involve consideration of relevant personal circumstances and
an opportunity for the member of staff to discuss the reasons for change. Normally
the base school will be the largest in any group of schools allocated.
51. Where a Learning Support teacher is required to teach in more than one school,
travelling expenses will be paid in accordance with the current provisions.
52. Where a transfer of the base arises at the request of the visiting learning support
teacher, the Service will take this into account at the next review of allocation. In
this case the member of staff must make this known prior to this review.
Deployment of Visiting Teachers (Primary)
53. A visiting teacher will be employed by Fife Council and assigned to a base for travel
and other defined purposes. As the teacher is not appointed to a specific school
he/she may be required to teach in this and in other schools as required by the
Executive Director of Education.
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54. The deployment of the visiting teachers will be regularly reviewed and outcomes
of such reviews may require the visiting teacher to change school or change
base. This is an integral part of the Visiting Teacher Service.
55. Where a review of the visiting teacher provision demonstrates a requirement to
change the current base school, a visiting teacher may be transferred to a new
base school. This change will be made in consultation with the teacher
concerned. This will involve consideration of relevant personal circumstances and
an opportunity for the member of staff to discuss the reasons for change.
56. Where a visiting teacher is required to teach in more than one school, travelling
expenses will be paid in accordance with the current provisions.
57. Where a transfer of the base arises at the request of the visiting teacher, the
Service will take this into account at the next review of allocation. In this case the
member of staff must let this be known prior to the review.
Exceptional Circumstances
58. In the event that there is no likelihood of any other suitable post arising, then other
options may be considered including retraining and redundancy (this may be
triggered by an expression of interest by the member of staff). Where redundancy
is being considered, discussions will take place with the teaching unions.
D. THE APPLICATION OF LNCT/16 AS A RESULT OF RESTRUCTURING
59. Where restructuring occurs in relation to school management the terms of
LNCT/16 shall apply. In this context, promoted staff who are not matched to posts
within a new structure may be liable to be transferred.
60. Staff will be notified in writing that they are displaced and may be liable to transfer
to the next suitable alternative post which may arise. In normal circumstances,
where such posts are available or become available, these posts will be notified to
the individuals but transfers will normally take effect from the start of either the
August or January terms.
61. An alternative post will be deemed suitable if it is within +/- two scale points of the
individual’s current post and where the individual meets the requirements of the
post.
62. There may be 4 scenarios that could apply to transfers within Section D. These
are set out below along with an indication of the process that would be followed.
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63. In all circumstances where a vacancy/vacancies exists, staff will be given the
opportunity to visit the school(s) and they will be required to attend.
One Person – One Post
64. The individual would have the opportunity to meet the Headteacher and visit the
school, prior to confirmation of transfer, to discuss the detail of the post.
Thereafter the transfer will be confirmed in writing and would usually take effect
from the beginning of the appropriate term (see paragraph 60). This is subject to 4
weeks' notice.
One Person – Multiple Posts
65. The individual would have the opportunity to meet the Headteachers and visit the
schools concerned, to discuss the detail of the post and decide whether any of
these positions would be posts for which they would wish to volunteer. If no
preference is expressed the Education Service reserves the right to assign the
individual to one of the available posts.
Thereafter the transfer will be confirmed in writing and would usually take effect
from the beginning of the appropriate term (see paragraph 60). This is subject to
4 weeks' notice.
More than One Person – One Post
66. The individuals would have the opportunity to visit the school and meet the
Headteacher, prior to confirmation of transfer, to discuss the detail of the post and
decide whether this would be a position for which they would wish to volunteer.
a. Where one person volunteers from the pool, the transfer will be confirmed in
writing and would usually take effect from the beginning of the appropriate
term (see paragraph 57). This is subject to 4 weeks' notice.
b. Where more than one person volunteers from the pool, selection will be
made in accordance with the principles within LNCT/9 Recruitment and
Selection policy.
c. Where no one volunteers the following criteria will be applied, subject to para
d below, in the order of priority shown i.e. when method (1) fails to select a
person, (2) will be applied, then (3). The final step would be to draw lots. The
teacher with the least service would be the teacher to be transferred.
(1) Total length of continuous service in Fife, while on full teaching terms
and conditions.
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(2) Total length of continuous service based in the school, while on full
teaching terms and conditions.
(3) Total length of all teaching service.
d. Notwithstanding para c above, in determining the appropriateness of any
compulsory transfer, personal circumstances such as travel, family and
health will be taken into account in any decision making process in relation to
both the selection of the member of staff liable to transfer and the suitability
of any post to which he/she may be transferred.
More than One Person – Multiple Posts
67. The individuals would have the opportunity to visit the schools and meet with the
Headteachers, prior to confirmation of transfer, to discuss the detail of the post
and decide whether any of these positions would be posts for which they would
wish to volunteer.
a. Where one person volunteers from the pool for a particular post, the transfer
will be confirmed in writing and would usually take effect from the beginning
of the appropriate term (see paragraph 57). This is subject to 4 weeks'
notice.
b. Where more than one person volunteers from the pool for a particular post,
selection will be made in accordance with the principles within LNCT/9
(Recruitment and Selection policy).
c. Where no one volunteers the following criteria will be applied, subject to para
d below, in the order of priority shown i.e. when method (1) fails to select a
person, (2) will be applied, then (3). The final step would be to draw lots. The
teacher with the least service would be the teacher to be transferred.
(1) Total length of continuous service in Fife, while on full teaching terms
and conditions.
(2) Total length of continuous service based in the school, while on full
teaching terms and conditions.
(3) Total length of all teaching service.
d. Notwithstanding para c above, in determining the appropriateness of any
compulsory transfer, personal circumstances such as travel, family and
health will be taken into account in any decision making process in relation to
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both the selection of the member of staff liable to transfer and the suitability
of any post to which he/she may be transferred.
Agreed January 2010
Craig Munro (Management Side)
Mike Birkett (Teachers’ Side)
LNCT Joint Secretaries
Document last reviewed: January 2018
