A Protestant teacher who challenged her selection for redundancy on the grounds of religious belief has been awarded £8,250 by a Fair Employment Tribunal.
Julie Brudell, supported by the Equality Commission, brought the case against the Board of Govenors of Ballykelly Primary School, Co Londonderry and the Western Education and Library Board following her selection for redundancy in 2009.
The Tribunal found that Ms Brudell, a former P.3 tutor, suffered religious discrimination when Catholic pupils began outnumbering Protestant pupils at the school.
The tribunal said Ms Brudell: "Received the treatment she did because of her religion, or at the very least, to the extent that the respondents' motives could be said to be mixed, her religion was an important factor in the respondents' decision-making process".
Ballykelly Primary has always admitted pupils from both sides of the religious divide but Catholic religious education was always taught by Catholic teachers.
At the time of the redundancy, the school had 170 Catholic pupils and 130 Protestant pupils. Four of the 15 teachers selected for redundancy were Protestant.
One of the criteria for redundancies, as suggested by Limavady parish priest governor Fr Michael Collins, was, "School ethos - ie staffing in line with the religious mix of the pupil."
Ms Brudell, who now works in the school's nursery unit, claimed that the redundancy exercise amounted to no more than a religious headcount.
The school governors and western education board said the religious criterion was neutral and related to the ability of the teaching staff to deliver Catholic religious education and preparation for the sacraments.
They were adamant they did not use the redundancy exercise to achieve a religious breakdown among staff similar to pupils and that the claimant's religion was not responsible for her redundancy, rather the fact that she had not taught Catholic religious education.
The tribunal said: "The fact that the respondents acted with good intentions in the interests of the school does not provide them with a defence."
Ms. Brudell said: "I am very glad that this has been resolved and that the tribunal has found that my selection for redundancy was unlawful discrimination on the grounds of religious belief".
"The redundancy decision caused me a good deal of distress and I thank the Equality Commission for assisting me in successfully challenging it, and for the support of the Ulster Teacher's Union at what was a very difficult time."
Eileen Lavery, Equality Commission Head of Strategic Enforcement, said: "It is unlawful to discriminate on grounds of religious belief or political opinion in such matters as selection for redundancy as well as in all other decisions affecting teachers within the school".
"This is something which schools' management, boards of governors and advisors must bear in mind when decisions are being taken involving the employment of teachers in all respects other than recruitment."
© UTV News