Sir, – You report that “Section 37 of the Employment Equality Act will come under increasing scrutiny” (Education Today, December 20th). It’s about time. Section 37 flouts the old principle that anti-discrimination legislation should never include exemption clauses, as these just become new and now legally-reinforced opportunities to discriminate.
This clause has had a debilitating effect particularly on gay, lesbian and bisexual teachers, on their employment opportunities in the first place, and on their experience of fear and marginalisation in the workplace. It should never have been put in place, and must now be removed.
You also refer correctly to the widespread fear of dismissal on these grounds. It should be a relief to many(and a possible disappointment to some employers), that these fears are invalid. The Unfair Dismissals Act categorically prohibits dismissal because of a person’s sexual orientation, and there is no exemption clause on the gounds of ethos. Employers dismissing, or threatening to dismiss, such employees would rapidly find themselves in court. – Yours, etc,