SSTA Again Urges the Scottish Government to Provide Guidance
At its Annual Congress in May, the SSTA carried an emergency motion calling upon the Scottish Government to issue guidance to schools and teachers following the UK Supreme Court judgement earlier this year on the definition of sex within the Equality Act.
The legal position has now been clarified, and all schools are required to ensure compliance with the Equality Act. The Equality and Human Rights Commission has subsequently advised that the 2021 guidance Supporting Transgender Young People in Schools is no longer reliable. Certain recommendations within that document are not compatible with the statutory protection of sex-based rights contained in the Act.
The SSTA has met with the Cabinet Secretary for Education and Skills on a number of occasions, most recently last week, to press the urgent need for updated guidance. The Association has stressed that clarity is essential for schools and school leaders in fulfilling their legal duties.
SSTA Advice to Members:
Pending the issue of revised guidance, members are reminded that, should such situations arise, they must seek written direction from their employer before taking any action.
Updating of School Behaviour Policies
The Association draws attention to the updated national guidance, published three months ago, which makes clear that consequences form an integral part of building positive working relationships with pupils.
This update followed strong representations from the profession that the absence of consistent consequences in many schools had contributed significantly to the increase in low-level disruptive behaviour.
The SSTA has welcomed this important shift of emphasis. However, the Association is clear that improvements will only be realised where school behaviour policies and practices are formally revised and applied. Members are urged to raise this matter within their establishments without delay.
The full guidance, “Fostering a Positive, Inclusive and Safe School Environment guidance” includes an appendix setting out examples of proportionate consequences which may be utilised.
Pupil Behavioural Risk Assessments
In June, the Scottish Government issued national guidance on the use of Pupil Behavioural Risk Assessments. These are intended to safeguard staff and pupils against risks arising from the minority whose behaviour may be violent, aggressive, or otherwise dangerous.
The guidance is evidence-based. It is therefore essential that all violent incidents are formally reported and recorded, thereby enabling appropriate mitigations to be identified and implemented. This process reduces both the likelihood and the severity of further incidents.
Members are asked to advise the SSTA if:
- a school refuses to introduce a risk assessment where one is required, or
- a school refuses to revise an existing risk assessment where mitigations have proved inadequate.
The national guidance is available at: “Guidance on risk assessments for violent, aggressive and dangerous behaviour”
SNCT Conditions: Working Time and Location
Teachers’ contractual working week is 35 hours. Of this, 5 hours (= 190 hours annually) may be directed to school-level collegiate activities (e.g. meetings, CPD, working groups) under the terms of local Working Time Agreements.
All remaining professional duties (e.g. preparation, planning, assessment) may be undertaken at a time and place of the teacher’s choosing.
The SNCT conditions are founded upon professional autonomy and mutual trust in workload management. Members are not required to remain on the school premises except where necessary for class contact or agreed collegiate activities.
The SNCT Handbook is explicit:
“All tasks which do not require the teacher to be on the school premises can be carried out at a time and place of the teacher’s choosing: teachers will notify the appropriate manager of their intention in this respect.”
In practice, this means:
- Teachers are under no contractual obligation to remain on-site beyond class contact and scheduled collegiate duties.
- Professional tasks may be undertaken flexibly.
SSTA Advice to Members:
- Identify tasks which must be undertaken in school (e.g. teaching, required meetings).
- Identify tasks which may be undertaken elsewhere (e.g. planning, marking, preparation).
- Notify line managers, using agreed procedures, when working flexibly. (No formal request is required.)
- Ensure compliance with all contractual obligations and data protection requirements.
School Rep Training Day – Stirling Court Hotel – 20 November 2025
Being a school rep is vital – but it can also feel challenging.
This one-day training event will give you the knowledge, skills, and support you need to represent colleagues effectively and build union strength in your school.
What you’ll gain:
- A clear understanding of your role, rights, and responsibilities
- Practical tools for listening, communicating, and problem-solving
- Confidence to handle issues like workload, contracts, and grievances
- Strategies for working time agreements, campaigning, and recruitment
- A network of fellow reps to share ideas and support each other
Expect a supportive, interactive day with real-life examples, case studies, and practical takeaways. Whether you’re new or experienced, this training will help you grow as a rep. Book your place at the training day here