Scotland's largest teaching union has accepted a controversial legal ruling paving the way for a significant escalation in the rights of the Catholic Church over employment of teachers in its schools. The Educational Institute of Scotland (EIS) has issued advice to its members that all teachers who apply for a job or promotion in denominational schools have to get approval from the Catholic Church on the grounds of their "religious belief and character".
The move follows an employment tribunal in 2006 involving an atheist teacher called David McNab, who accused the church of discrimination on the grounds of his religious beliefs by preventing him applying for a promoted post teaching pastoral care.
Although he won his case, the tribunal reaffirmed the church's right to approve all teachers in its schools under the 1980 Education (Scotland) Act - a practice that had never been widely adopted by local authorities.
Following the ruling, there was a furious backlash from some EIS members on the grounds that such a provision flouted employment regulations.
However, yesterday, Drew Morrice, assistant secretary of the EIS, said that the McNab case had "made clear" that the church has the right of approval under the act.
"We acknowledge the outcome of the McNab judgment.
"Whatever the merits of the case, the fact that we have had this process brings a clarity to the situation and, unless there is a further change in the law, that is the way it is.
"There are those who have a view that this practice is discriminatory and some people feel uncomfortable about the change, but it remains the case that this is what the law provides."
Mr Morrice said that the union would always look at cases where a teacher felt there had been discrimination in any job application, but such a case could only apply to the application of approval, rather than the requirement for approval itself.
Last night, Mr McNab attacked the position adopted by his union, stating that the current situation was putting off teachers, probationers and supply staff.
"Lots of teachers find the process demeaning and it is a ridiculous situation for us to be in," he said.
"Teachers have been fully trained, they have been checked by the police, and they are registered with a professional body. Why should the church have the right to determine their suitability?"
However Michael McGrath, director of the Scottish Catholic Education Service, welcomed the EIS decision.
"We have been encouraging all parties to recognise the law and make the system work and we are happy that the EIS are showing that recognition," he said.
Last week it emerged that a shortage of headteachers in the Borders had led to a Protestant being appointed to lead a Scottish Catholic school.
Usually, a practising Catholic is employed, but the shortage of suitable applicants has led to the temporary appointment, until a permanent replacement can be found.
Morag McCreadie, 37, a member of the Church of Scotland, is currently deputy headteacher at Drumlanrig Primary in Hawick, but will take over the running of both St Joseph's in Selkirk and St Margaret's in Hawick.
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