Scottish Insurance Commissioners v Church of Scotland: SCS 18 Oct 1913

An assistant minister in the United Free Church said that he was an employee of the church.
Held: He was not. Lord Kinnear said that the status of an assistant minister ‘is not that of a person who undertakes work defined by contract but of a person who holds an ecclesiastical office, and who performs the duties of that office subject to the laws of the Church to which he belongs and not subject to the control and direction of any particular master.’

Judges:

Lord Kinnear

Citations:

[1913] ScotCS CSIH – 3, (1914) SC 16

Links:

Bailii

Cited by:

CitedMethodist Conference v Preston SC 15-May-2013
Minister was not an employee
The claimant asserted unfair dismissal. The Conference said that as an ordained minister she was not an employee, and was outwith the jurisdiction of such a claim.
Held: The Conference’s appeal succeeded (Baroness Hale dissenting). The essence . .
Lists of cited by and citing cases may be incomplete.

Scotland, Employment, Ecclesiastical

Updated: 21 July 2022; Ref: scu.279310