IMMEDIATE RELEASE 21 July 2003
Government regulations allowing faithschools to discriminate against teachers because of their sexual orientation facea legal challenge from the National Union of Teachers, Britains biggestteachers organisation with 251,000 members.
The Union believes the Employment Equality(Sexual Orientation) Regulations are unlawful and in breach of European law andthe 1998 Human Rights Act. It is to seek a judicial review to confirm its view.
The NUT is concerned that committedteachers in faith based schools could be discriminated against by misinformedand over zealous application of provisions in the regulations by governingbodies.
The Union believes that the specificprovision, Regulation 7(3), is unnecessary and much wider than the legitimateexceptions permitted by the European Directive the Regulations implement.
Article 4(1)of the Directive provides that discrimination by any employer may be justifiedwhere sexual orientation or religion or belief may be "a genuine anddetermining occupational requirement, provided that the objective is legitimateand the requirement is proportionate."
We cannot accept that committed teachersshould be discriminated against because of their sexual orientation. Teachersare professionals working to the utmost of their talents for the benefit oftheir pupils. Their sexual orientation has nothing to do with their capacity toteach or the performance of their duties, said Doug McAvoy, NUT GeneralSecretary.
Governing bodies should not be givenspecial dispensation to sack good teachers simply on the grounds of theirsexual orientation.
E N DS pr56.03
For further information contact the NUTPress Office: 020 7380 4706