Faith school teachers’ rights debated in Lords

January 29, 2010

This week peers debated amendments to the Equality Bill that aims to improve the rights of teachers working in faith schools.

Speaking for the amendments, Baroness Turner of Camden said:

“Why should such requirements be imposed on, for example, physical education or maths teachers when the same rules do not apply to charities or businesses with a religious ethos? I believe that this is also not in line with EU Council Directive 2000/78/EC. The directive seems to require that permitted discrimination can take place only when there is a genuine occupational requirement. The Bill, if unamended, allows discrimination against a large category of employees; namely, all teachers in most faith schools. I hope that the Government will agree that this is not acceptable and that steps should be taken to ensure that the Bill is fully in line with the EU directive.”

“We had some discussion about the EU directive earlier in this Committee, and I understand that the Government have already been told that they are in breach. I have a copy of the reasoned opinion from the EU Commission, and it is quite clear that the ruling is that this country is in breach. It is an important document, and I hope it can be left in the Library for noble Lords to read. It is important for the legislation we are introducing to be in line with the directive. If it is not, it means that people who feel that their rights have not been applied to them may seek to have them enforced by the courts. It would be better if, from the beginning, we have legislation that is fully compliant with the EU directive.”

She later said:

“During discussion on the Bill, the Government have made a large number of concessions to religious groups, which I do not think are always justified. People with no belief also have some rights. The EU directive simply says that respect should be shown to the religious ethos of religious employers by the employees. I agree, although in my view that does not include the necessity to become a member of the religion involved. I still believe that that is not a requirement-it is certainly not a requirement of the EU directive. Nor is it true that people who send their children to these schools always want to see that requirement, but I have been given evidence that parents are very concerned that teachers have these requirements imposed on them.”

The minister responding, Baroness Thornton said that she understands “that there are concerns about the SSFA and what it may potentially allow faith schools-in particular, voluntary-aided faith schools-to do with regard to their teachers”, although the government disputes the need for a change in the law.

Accord will continue to make the case for changes to the law to improve teachers’ rights.

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