Glasgow City Council v. McNab [2007] UKEAT 0037_06_1701 (17 January 2007)

Glasgow City Council v. McNab [2007] UKEAT 0037_06_1701 (17 January 2007)

The refusal to interview the claimant for the post of Acting Principal Teacher of Pastoral Care constituted unlawful religious discrimination, as the respondents failed to establish that being a Roman Catholic was a genuine occupational requirement for the post under the 2003 Regulations. The 1991 agreement did not have statutory force to create such a requirement, and the post was not on the reserved list. The education authority's obligations under the Education (Scotland) Act 1980 did not override anti-discrimination protections. The award of £2,000 was within the appropriate range for such discrimination.

Citation
[2007] UKEAT 0037_06_1701
Parties
Appellant (respondent): Glasgow City Council; Respondent (claimant): [Claimant's Name Not Provided]
Jurisdiction
United Kingdom
Judgment Date
17 January 2007
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Religious Discrimination, Genuine Occupational Requirement, Denominational Schools, Employment Equality (religion or Belief) Regulations 2003, Education (scotland) Act 1980
Employment Law Equality Law Education Law Religious Discrimination Genuine Occupational Requirement Denominational Schools Employment Equality (religion or Belief) Regulations 2003 Education (scotland) Act 1980

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Parties

Glasgow City Council

Appellant (respondent)

[Claimant's Name Not Provided]

Respondent (claimant)

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether refusal to interview a non-Roman Catholic teacher for a pastoral care post in a Roman Catholic school constituted unlawful religious discrimination under the Employment Equality (Religion or Belief) Regulations 2003.
  2. 2 Whether being a Roman Catholic was a genuine occupational requirement for the post under Regulation 7(2) or (3) of the 2003 Regulations.
  3. 3 Whether the 1991 agreement between the education authority and the Roman Catholic Church had statutory force or could establish a genuine occupational requirement.

Ratio Decidendi

The refusal to interview the claimant for the post of Acting Principal Teacher of Pastoral Care constituted unlawful religious discrimination, as the respondents failed to establish that being a Roman Catholic was a genuine occupational requirement for the post under the 2003 Regulations. The 1991 agreement did not have statutory force to create such a requirement, and the post was not on the reserved list. The education authority's obligations under the Education (Scotland) Act 1980 did not override anti-discrimination protections. The award of £2,000 was within the appropriate range for such discrimination.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The award of £2,000 to the claimant is upheld.