The British Humanist Association (BHA) has expressed concern that the UK's impending exit from the European Union could make legal widespread but currently illegal religious discrimination against current and potential teachers by religious schools. The issue, which exists across England, Wales, and Scotland, follows on from the conclusion of a long-running investigation by the European Commission into the matter, which concluded earlier last year.
Currently, the UK is bound by the European Employment Directive, an EU law that says employers may only discriminate against employees on the basis of religion or belief where there is 'a genuine, legitimate and justified occupational requirement' (GOR) that such discrimination occurs – for example, requiring clergy to share the faith of the church.
However, domestic legislation goes further than this, providing a specific exemption for 'faith' schools in England and Wales to require every single teacher to share the faith of the school, regardless of whether a GOR can be claimed or not. Similarly, in Scotland, a religious school can require every member of staff to be endorsed by a religion or belief body, again regardless of whether a GOR could be claimed. Last year, the Equality and Human Rights Commission (EHRC) concluded that this discrimination is 'arbitrary', goes beyond what is permitted by European legislation, and should be reviewed.
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