Teacher hits out over Church role in tribunal appeal

A TEACHER who won a landmark tribunal after being turned down for a post because he was not a Roman Catholic has reacted angrily after it emerged the Church was to play a key role in a follow-up legal case.

Dave McNab, an atheist, was awarded 2,000 in March after an employment tribunal found he had been unlawfully discriminated against on the grounds of his religion.

Mr McNab had been a maths teacher at St Paul's Roman Catholic High School in Pollok, Glasgow, for more than ten years when he applied for the post of acting principal teacher of pastoral care.

He took Glasgow City Council to a tribunal, which heard that the school had a system of "reserved posts", such as headteacher or guidance teacher, which could be filled only by candidates approved by the Catholic Church.

The tribunal ruled that the system was not justifiable in law and found in favour of Mr McNab.

However, it also ruled that the Church should be allowed to continue its practice of rubber-stamping all teaching appointments that were made in denominational schools.

The council is appealing against the tribunal's ruling and the hearing is due to take place next month.

Last night it emerged that the Catholic Church had applied to have its own lawyers involved in the case, claiming it wanted to make sure its interests were represented in the hearing.

The legal move, known as an application for joinder, has been tabled by the Bishops Conference of Scotland, which is made up of senior Church figures including Cardinal Keith O'Brien.

But Mr McNab last night said he was "surprised" by the move, which he believed could muddy the waters of his case and end up costing him more money in legal fees.

He said: "The argument is between me and my employer, not between me and the Catholic Church, so I don't know why they're getting involved.

"I can't help thinking that they must have an ulterior motive.

"I've been told by my lawyer that the Church wants to be able to advance certain arguments that Glasgow City Council may not raise, which I find very strange."

Mr McNab, who is now working at a non-denominational school in Glasgow, went on:

"It's ridiculous that I might have to pay more for my QC just because a third party has decided to get involved in the case."

Michael McGrath, the director of the Catholic Education Service, yesterday insisted the Church was not taking sides in the appeal hearing.

He said: "We weren't a party to the original tribunal hearing, but there were frequent references to the rights of the Church. The purpose of applying to join the employment tribunal is to ensure that the Church's interests are adequately represented and that any references to our position are accurate.

"The fact the tribunal upheld our right to approve teachers in denominational schools was a significant issue."

A spokesman for Glasgow City Council said: "We are aware of this application and it will be considered by the council."