Employment Rights of Teachers in Faith Schools: Maximising the Religious Rights of Schools and Staff

Abstract

This paper considers the legacy of the historic contribution of faith communities to education for the employment rights of teachers in schools with a religious character. The contribution of faith communities to state education was originally reflected in a settlement by which staffing could reflect the religious foundations of the school. This paper traces the development of the legal framework covering employment by religious ethos employers, in particular the introduction of more generous protection for religious equality at work. As a result, the position of teachers in faith schools in England has diverged significantly from that of staff employed by other religious ethos organisations. The anomalous position of teachers in faith schools arises because the legal position is dependent on the historical foundations of the school rather than on the current religious practice of the school. This situation is at odds with the wider legal framework in which protection against religious discrimination and the protection for freedom of religion must be justified with reference to the genuine and current religious needs of the organisation. The paper concludes with proposals for reform that maximise the rights of both teachers and communities of faith, without unduly restricting the rights of either.

Keywords

• faith schools
• freedom of religion
• equality
• religious ethos employers
• School Standards and Framework Act 1998