Catholic school discriminated against atheist teacher by refusing interview | Practical Law

Catholic school discriminated against atheist teacher by refusing interview | Practical Law

In Glasgow City Council v McNab the EAT upheld a tribunal's decision that an atheist teacher employed by a Catholic school maintained by the Council had suffered direct discrimination under the Employment Equality (Religion or Belief) Regulations 2003 when he was refused an interview for the post of Principal Teacher of Pastoral Care. The tribunal had been entitled to conclude that the post was not on the list of posts for which the Roman Catholic Church required a teacher to be Catholic (as set out in a 1991 agreement between the Council and the Church) and therefore the Council should not have assumed that the Church would not have approved the appointment. The EAT also upheld the tribunal's finding that there was no genuine occupational requirement (GOR). In particular, it held that a local authority has no religious ethos and therefore cannot take advantage of the GOR in regulation 7(3), even in respect of employment in a religious school.

Catholic school discriminated against atheist teacher by refusing interview

Practical Law UK Legal Update Case Report 6-233-1953 (Approx. 5 pages)

Catholic school discriminated against atheist teacher by refusing interview

by PLC Employment
Published on 01 Mar 2007England, Scotland, Wales
In Glasgow City Council v McNab the EAT upheld a tribunal's decision that an atheist teacher employed by a Catholic school maintained by the Council had suffered direct discrimination under the Employment Equality (Religion or Belief) Regulations 2003 when he was refused an interview for the post of Principal Teacher of Pastoral Care. The tribunal had been entitled to conclude that the post was not on the list of posts for which the Roman Catholic Church required a teacher to be Catholic (as set out in a 1991 agreement between the Council and the Church) and therefore the Council should not have assumed that the Church would not have approved the appointment. The EAT also upheld the tribunal's finding that there was no genuine occupational requirement (GOR). In particular, it held that a local authority has no religious ethos and therefore cannot take advantage of the GOR in regulation 7(3), even in respect of employment in a religious school.