Atheist wins discrimination case

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Atheist wins discrimination case ANDREW DENHOLM, Education Correspondent March 09 2006 A teacher who lost out on promotion at a Roman Catholic school because he was an atheist has won his claim for religious discrimination.
In a case which could have far-reaching implications for the way denominational schools are run in Scotland, an employment tribunal ruled Glasgow City Council had discriminated against David McNab on the grounds of his religious beliefs by preventing him applying for a promoted post teaching pastoral care.
He was awarded £2000 compensation.
Under an agreement drawn up between the former Strathclyde region and the church in 1991, non-Catholics are excluded from certain key posts in denominational schools, such as headteacher, assistant head and teacher of religious education, biology or guidance.
However, yesterday's ruling stated that the 1980 Education (Scotland) Act "does not permit the Roman Catholic Church to reserve certain posts for teachers who are Roman Catholics".
The Law Society of Scotland said the judgment could open the way for non-Catholics to apply for promoted posts in denominational schools.
The church insisted UK em-ployment law allows employers to specify that having a religious belief is a "genuine and determining occupational requirement" in some jobs, such as those outlined in the 1991 agreement. One source said the reason Mr McNab won was because the pastoral care post was a new job title which was not specifically mentioned in that agreement.
Mr McNab, 54, a maths teacher at St Paul's Roman Catholic High School in the south side of Glasgow, went to the tribunal after he was refused an interview for the post because he is a non-Catholic. He told the tribunal he was "devastated" and made to feel like a "second-class citizen" when his headteacher, Robert O'Donnell, told him he could not be considered as the job required Catholic approval.
The council argued it was a genuine occupational requirement for the post and denied discrimination on the grounds of religion or religious belief.
Mr McNab said he hoped the result "will lead to a more open market in the promotion stakes". He said he "was sick to death of being treated like a second-class citizen because I was not a Catholic".
However, in its written judgement, the tribunal did not accept Mr McNab was treated as "a second-class citizen".
Michael McGrath, director of the Scottish Catholic Education Service, said they noted with interest the tribunal's finding that all appointments to all posts in Catholic schools required the approval of the Catholic Church.
The council said it was "looking closely at the fine detail of the judgment".
http://www.theherald.co.uk/news/57728-print.shtml

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