Schools: Religious Discrimination

House of Lords written question – answered at on 15 March 2011.

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Photo of Lord Avebury Lord Avebury Liberal Democrat

To ask Her Majesty's Government why the protection against religious discrimination given to staff in community schools under Section 59 of the School Standards and Framework Act 1998 is removed when they convert to academies; and what advice they have taken as to whether that removal is compatible with the European Union Employment Directive when it takes place on a large scale.

Photo of Lord Hill of Oareford Lord Hill of Oareford The Parliamentary Under-Secretary of State for Education, The Parliamentary Under-Secretary of State for Education

Section 59 of the Schools Standards and Framework Act 1998 (SSFA) maintains provision from the Education Acts of 1936 and 1944 when the context surrounding the teaching of RE was very different, and there was no legislation providing teachers with protection from discrimination in employment or associated employment rights.

The current requirements in relation to the teaching of RE in both community schools and non-faith academies are similar. All academies must provide religious education in accordance with their funding agreements. Funding agreements require that academies that do not have a religious designation must provide a curriculum which, while reflecting that religious traditions in Great Britain are in the main Christian, takes account of the teaching and practices of all the principal religions represented in Great Britain. The intention is that pupils can acquire an understanding of the practices and beliefs of all the major religions and no teacher in an academy without a religious ethos will be in a position where they would be required to teach denominational RE, which might be contrary to their convictions or principles.

Whether a teacher in such an academy would ever be required to teach RE will be a matter that can be governed by their employment contract. However, if a teacher were able to demonstrate that being required to teach RE according to the locally agreed syllabus amounted to less favourable treatment on the grounds of their religion or belief then they would be protected by the non-discrimination provisions of the Equality Act 2010 (the legislation that implements the Employment Framework Directive (2000/78/EC)).

To the extent that Section 59 SSFA provides protection for staff on the grounds of their religion or belief, the Equality Act 2010 will do the same. This means that no teacher in an academy without a religious ethos can lawfully suffer less favourable treatment because of their religion or belief and this is what is required by the framework directive. It is not considered necessary to replicate the wording of Section 59 of the SSFA for academies without a religious ethos.

The Government are therefore satisfied that their approach is compatible with the Employment Framework Directive 2000/78/EC.

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