The employment of teachers in schools with a religious character

1. From 1944 until 1998, the law on the religious opinions of teaching staff had progressed by restricting consideration of such opinions in county and voluntary controlled schools and for non-teaching staff in all schools. No positive statement of the power to take such opinions into consideration in the appointment teachers for voluntary aided schools was thought necessary.
2. In 1998, the Government accepted the need for a positive statement, to protect religious schools from challenge under the Human Rights Act. Under Section 60 of the School Standards and Framework Act 1998, reproduced below, the governing bodies of voluntary aided schools with a religious character can select teachers, but not non-teaching staff, on the basis that they hold the tenets of the religion of the school. Governing bodies can also dismiss teachers who behave in a manner incompatible with the precepts of the school's religion. Governing bodies of voluntary controlled and foundation schools with a religious character have the same powers with regard to reserved teachers (up to one fifth of the school's teaching staff, appointed for the purpose of giving denominational religious education), where such teachers are appointed. The headteacher of a voluntary controlled or foundation school cannot be a reserved teacher, so the Act empowered governing bodies of such schools to select on the basis of the candidate's 'ability and fitness to preserve and develop the religious character of the school'.
3. The Act required the Secretary of State to make an Order identifying which foundation and voluntary schools had 'a religious character' (language coined for the legislative purpose).

   Staff at foundation or voluntary school with religious character.
   60. (1) This section applies to a foundation or voluntary school which has a religious character.
   
   
   (2) If the school is a foundation or voluntary controlled school, then (subject to subsections (3) and (4) below) section 59(2) to (4) shall apply to the school as they apply to a foundation or voluntary controlled school which does not have a religious character.
   
   (3) Section 59(2) to (4) shall not so apply in relation to a reserved teacher at the school; and instead subsection (5) below shall apply in relation to such a teacher as it applies in relation to a teacher at a voluntary aided school.
   
   (4) In connection with the appointment of a person to be head teacher of the school (whether foundation or voluntary controlled) regard may be had to that person's ability and fitness to preserve and develop the religious character of the school.
   
   (5) If the school is a voluntary aided school -

   (a) preference may be given, in connection with the appointment, remuneration or promotion of teachers at the school, to persons -
   (i) whose religious opinions are in accordance with the tenets of the religion or religious denomination specified in relation to the school under section 69(4), or
   (ii) who attend religious worship in accordance with those tenets, or
   (iii) who give, or are willing to give, religious education at the school in accordance with those tenets; and 
   
   (b) regard may be had, in connection with the termination of the employment of any teacher at the school, to any conduct on his part which is incompatible with the precepts, or with the upholding of the tenets, of the religion or religious denomination so specified.

   (6) If the school is a voluntary aided school, no person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship, from being employed for the purposes of the school otherwise than as a teacher.
   
   (7) Where immediately before the appointed day a teacher at a school which on that day becomes a school to which this section applies enjoyed, by virtue of section 304 or 305 of the Education Act 1996 (religious opinions of staff etc.), any rights not conferred on him by this section as a teacher at a school to which it applies, he shall continue to enjoy those rights (in addition to those conferred by this section) until he ceases to be employed as a teacher at the school.
   
   (8) In this section "reserved teacher", in relation to a foundation or voluntary controlled school, means a person employed at the school in pursuance of section 58(2).
   
   (Source: Section 60 of the School Standards and Framework Act 1998)

4. During discussions with Government before the issue of the EU Equal Treatment Directive in the year 2000, the Church education authorities were assured that Section 60 would be proof against legislation implementing the Directive.
5. The Government in May 2003 consulted interested parties on the registration of independent schools as schools with a religious character so that the Section 60 powers can be extended to such schools. This will be an opportunity to strengthen the Church's relationship with such schools.