Exclusive:SNP minister warned of 'systemic' problem with teacher contracts that is 'discriminatory' against mothers

A senior SNP minister privately raised fears that the way teachers are employed in Scotland may be “discriminatory” against experienced staff and mothers returning from maternity leave, it can be revealed.

Education Secretary Jenny Gilruth was told by a veteran cabinet colleague that there is a “systemic” problem that leaves older staff struggling to find posts in schools because councils are often instead opting to employ “cheaper” and younger teachers on fixed term contracts.

Fiona Hyslop, the transport secretary, said in newly-released correspondence that it could be “discriminatory”.

Fiona Hyslop, the transport secretary | LISA FERGUSON

Emails released under freedom of information laws show how Ms Gilruth was contacted a dozen times by SNP politicians between April and September this year about the lack of job security for teachers.

The memos, obtained by the campaign group Scottish Teachers for Permanence, have emerged amid growing pressure for action to address the lack of posts in schools.

They show how Ms Gilruth was contacted by the likes of Ms Hyslop, Finance Secretary Shona Robison, Net Zero and Energy Secretary Màiri McAllan, as well as ministers Ivan McKee, Siobhian Brown, and Tom Arthur.

Many were passing on communications from constituents, but Ms Hyslop said she was “particularly concerned” about an issue raised with her.

The Linlithgow MSP, who served as education secretary between 2007 and 2009, wrote to her colleague in July to raise “concerns” about “experienced teachers being unable to secure permanent contracts, posing the risk that many could now be lost to the profession”.

She said: “Although it is important to employ probationers and post probationers to help grow the profession, I am particularly concerned that the embedding of fixed term contracts is affecting more experienced women teachers returning from maternity leave and this may itself be discriminatory.

“I would appreciate if you could take the time to review my constituent's email, which I have attached, and to identify if there is any work with COSLA and councils to address what seems to be establishing itself as a systemic issue, particularly as the recent welcome pay increases for teachers makes it more attractive to employ cheaper and less experienced teachers.”

She added: “I would appreciate your views as to how this might best be addressed.”

In a letter to Ms Hyslop, her constituent in West Lothian said: “Probationers are being taken on in schools and then given the fixed term contracts this year over more experienced staff with no reason given.

“I’m assuming it’s because they are cheaper and save the school/council money. That’s not about quality education or staff retention that is blatant cost cutting.”

They added: “We are now in a crisis point where we will lose a lot of experience staff and the ones left will be burnt out with what is expected of them which is a very dangerous position.”

In response to Ms Hyslop, the emails show Ms Gilruth said she had asked the Strategic Board for Teacher Education to “look at this matter to provide me with advice and options”.

The cabinet secretary added: “I recognise the frustration of any teacher unable to secure a teaching position. I am determined that teachers, who have trained and made a commitment to educate our young people, have strong job opportunities.”

Ms Hyslop wrote again to Ms Gilruth the following month to highlight further correspondence.

Ms Robison, meanwhile, contacted the education secretary in both June and July, asking her Cabinet colleague to investigate the “strong concerns” of a constituent about their “teaching position”.

Ms McAllan’s office was in touch with Ms Gilruth in June and August, Ms Brown’s in May and August, former MP Kirsten Oswald in May, Mr Arthur, Mr McKee and Karen Adam in September.

Including opposition parties, the FOI response shows Ms Gilruth was contacted 18 times in five months by parliamentarians about the lack of jobs for teachers.

A spokesperson for Scottish Teachers for Permanence said: “We welcome the recognition by parliamentary figures, including Fiona Hyslop, that there looks to be systemic issues within Scotland’s education system impacting teachers’ job security.

“Ms Hyslop’s acknowledgment of potential discrimination against mothers returning from maternity leave is particularly significant. Teachers in this position often face barriers to securing work, compounded by councils offering contracts to younger, less-experienced, and therefore cheaper, staff.

“However, it is vital to stress that this issue extends far beyond newly qualified teachers struggling to find work. There are hundreds, if not thousands, of experienced teachers in Scotland whose skills and expertise are being wasted because they are unable to secure stable employment.

“Many are forced to leave the profession altogether, while others are trapped in precarious contracts, such as fixed terms lasting as little as three months or until the end of the school year.

“Shockingly, a significant number of Scotland’s teachers remain on zero-hour contracts - a situation the Government has failed to recognise as a massive issue.”

The group added: “We can confirm this aligns with feedback from our members. Many experienced teachers report that their careers have stalled or been lost due to these employment practices. This pattern affects not only mothers but also other groups, such as those taking career breaks, relocating for family reasons, or recovering from health conditions - raising concerns about discrimination across multiple protected characteristics.”

The Scotsman recently revealed that the Government was considering cutting the targets for training new primary teachers by up to 20 per cent to address concerns about an over-supply of teachers.

Reports have suggested some school vacancies are attracting hundreds of applications in parts of Scotland.

A Scottish Government spokesperson said: “While the recruitment and deployment of teachers is the responsibility of local authorities, the Scottish Government is doing everything it can to help maximise the number of teaching jobs available. As part of this, Ministers are making £145.5 million available to local authorities in 2024-25 to protect teacher numbers.

“It is encouraging to note that the number of school teachers in post has increased by 8% since 2014. The number in permanent posts has remained stable at more than 80% over the past 10 years.

“The Education Secretary recently met with the Scottish Teachers for Permanence group and had a positive discussion about the steps the Scottish Government can take to support teachers in finding permanent teaching roles.”

“While the Scottish Government cannot direct teachers where to work, it is important to note that teacher vacancies arise across Scotland throughout the year and there are areas of the country with jobs available.”