Glasgow city council has lost its appeal against an employment tribunal ruling that an atheist teacher was a victim of religious bias because he was not considered for a promoted post at a Catholic school.The Employment Appeal Tribunal said Glasgow City Council had “no business” promoting a religious ethos.
David McNab, 54 – a self-declared atheist – won his religious bias claim against Glasgow council last March and was awarded £2,000. The original tribunal decided Mr McNab had been discriminated against on human rights grounds.
First, by article 9 of the European Convention on Human Rights, which guarantees freedom of thought and religion, and also article 14 which prohibits discrimination. It was the first such case since laws banning discrimination over religion came into effect in December 2003.
The council had claimed being a Catholic was a genuine occupational requirement for the job. But last week the tribunal rejected its appeal.
Judge Lady Smith said an education authority did not have a religious ethos and as a local authority, Glasgow City Council had “no business seeking to follow or further any particular religious ethos at all”.
The tribunal also did not accept that being a Roman Catholic was a genuine occupational requirement.
The Catholic Church had sought to intervene in the case, but had been denied permission to do so.
Click here
http://www.employmentappeals.gov.uk/Public/Upload/UKEATS_0037_06_RN..doc
for full ruling by Tribunal...
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