Religion or belief, sex: teachers, school staff and other educational appointments
Religion or belief, sex: teachers, school staff and other educational appointments

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • Religion or belief, sex: teachers, school staff and other educational appointments
  • The School Standards and Framework Act 1998
  • Teachers and staff at secular schools
  • Teachers and staff at schools with a religious character
  • Academic posts restricted to a religious order, or women, or priests

This Practice Note considers the interaction of provisions of the Equality Act 2010 (EqA 2010) with the provisions of the School Standards and Framework Act 1998 (SSFA 1998), relating to appointment and dismissal of teachers at schools with a religious character, staff at foundation and voluntary schools with a religious character, religious opinions of staff at various secular schools, and employment of teachers at independent schools having a religious character.

The Practice Note considers categories of school, the definition of 'religious character', and the operation of the relevant provisions of the SSFA 1998 in relation to teachers and staff at secular schools and teachers and staff at schools with a religious character, including reserved teachers in foundation schools and voluntary controlled schools with a religious character. Finally, it examines exceptions in the EqA 2010 relating to academic posts restricted to a religious order, or women, or priests.

The School Standards and Framework Act 1998

There are provisions in the SSFA 1998 which considerably predate the EqA 2010 relating to:

  1. appointment and dismissal of teachers at schools with a religious character

  2. staff at foundation and voluntary schools with a religious character

  3. religious opinions of staff at various secular schools, and

  4. employment of teachers at independent schools having a religious character

The EqA 2010 expressly states that a person will not contravene the EqA