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Racial discrimination although indirect

Discussion in 'Welcome lounge and forum help' started by delmamerchant, Apr 2, 2016.


Is race a barrier to professional develpment in the education sector?

Poll closed Apr 9, 2016.
  1. Yes state your reason or give an example

    0 vote(s)
  2. No state your reason or give an example

Multiple votes are allowed.
  1. delmamerchant

    delmamerchant Established commenter

    The school I work in has recently created jobs within my faculty that despite me having the same experience as my peers, I am the only person who cannot apply for the posts. There were 4 posts created, there are 5 teachers - I am the only teacher who is black. I am hoping that I have not been naive all of these years as despite institutions being branded institutionally racist - I have remained positive and never considered my colour as a barrier. I have been referred to the 2010 Equalities Act but cannot make head or tail of it.

    I have worked in my school for over 10 years as an unqualified teacher. (I know many of you may disagree with this but can this not become the issue please?) The government has introduced new routes into teaching that take into account my experience and skills. I approached my school and they have decided not to support this route: It was extremely disappointing but. I continued to do my job. Since then, I have been excluded from the development in my faculty: There is more but I cannot write it here as I am concerned about identification.

    I have tried to address this informally through a meeting with HR and the head with my union present but it is not being taken seriously.

    If I was in a position to leave I would do so rather than enter into what at this stage looks like the possibility of starting the Grievance Procedure. I understand that a grievance against the school/head is not always looked at favourable even if the evidence is clear. In my job hunt even academies require QTS and other possible post would lead to at least an £8000 per year pay decrease.

    I would really appreciate any support regarding understanding the 2010 Equalities Act or even support from secondary schools re the assessment only training. HELP please!
  2. wanet

    wanet Star commenter

    Why is this? Lack of QTS?
  3. GLsghost

    GLsghost Star commenter

    You need to ask your union to review the facts surrounding the appointment to ensure that discrimination was not a factor in making the appointments.

    Did all other appointees have QTS? Can you point to any other faculties in which the appointment of unqualified teachers was considered?

    To bring a complaint of direct race discrimination (excluding you from consideration only because of race; barring from training) you have to identify a comparator - someone with similar qualifications but without QTS who has not been barred from applying for similar posts. You have to establish a prima facie case i.e. there can be no other plausible explanation on the face of it.

    Whatever the government policy, if the school's policy is to prefer candidates with QTS, they may do so, providing this policy is applied equally to all. DOES the school have a policy on this? If you have been teaching for 10 years and your practice / experience has been the same as the others AND there is no obvious policy to make all appointments to people with QTS, direct discrimination might be arguable. That's might... it's all fact dependent.

    The same applies to the school's decision to decline to be part of the new routes into teaching unless you can show that people from your ethnic background and then you, in particular, have been disadvantaged by this 'provision, criterion or practice'. You might then possibly have a complaint of indirect discrimination, although the school would have a defence if it could show justifiable business reasons for the decision.
    sabrinakat likes this.

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