EAT An atheist teacher working in a Roman Catholic school applied for the post of Acting Principal Teacher of Pastoral Care. He was not even considered for an interview as he was not of the Roman Catholic faith and the local education authority which maintained the school thought that the Roman Catholic Church would have regarded being of their faith as a pre-requisite for the post. The Employment Tribunal found that he had been discriminated against on religious grounds in terms of the Employment and Equality (Religion or Belief) Regulations 2003 since none of the exceptions provided for under regulations 7(2) and (3) of those regulations applied. The Employment Appeal Tribunal upheld that finding and the award of andpound;2,000 that had been made. Consideration given to the effect and implications of s.21(2)(A) of the Education (Scotland) Act 1980 and an agreement that had been entered into between the respondent education authority and the Roman Catholic Church, purportedly under reference to those provisions, in 1991.
Citations:
[2007] UKEAT 0037 – 06 – 1701, UKEATS/0037/06
Links:
Statutes:
Employment and Equality (Religion or Belief) Regulations 2003 7(2), Education (Scotland) Act 1980 21(2)(a)
Jurisdiction:
Scotland
Employment, Discrimination
Updated: 27 November 2022; Ref: scu.251282