A minister of the Presbyterian Church of Wales who had been inducted pastor of a united pastorate in Wales claimed unfair dismissal.
Held: If the existence or otherwise of the relationship of employer and employee is dependent solely upon the true construction of a written document or documents, the question is one of law, and an appellate tribunal or court is free to reach its own conclusion on the question without any restriction arising from the decision of the tribunal below. The claimant was unable to point to any contract between himself and the church. The book of rules did not contain terms of employment capable of being offered and accepted in the course of a religious ceremony. It is possible for a man to be employed as a servant or as an independent contractor to carry out duties which are exclusively spiritual.
Lord Templeman said: ‘My Lords, it is possible for a man to be employed as a servant or as an independent contractor to carry out duties which are exclusively spiritual. But in the present case the applicant cannot point to any contract between himself and the church. The book of rules does not contain terms of employment capable of being offered and accepted in the course of a religious ceremony. The duties owed by the pastor to the church are not contractual or enforceable. A pastor is called and accepts the call. He does not devote his working life but his whole life to the church and his religion. His duties are defined and his activities are dictated not by contract but by conscience. He is the servant of God. If his manner of serving God is not acceptable to the church, then his pastorate can be brought to an end by the church in accordance with the rules. The law will ensure that a pastor is not deprived of his salaried pastorate save in accordance with the provisions of the book of rules but an industrial tribunal cannot determine whether a reasonable church would sever the link between minister and congregation.’
References: [1986] ICR 280, [1986] 1 WLR 323, [1986] IRLR 194
Judges: Lord Templeman
Jurisdiction: England and Wales
This case is cited by:
- Cited – Clark v Oxfordshire Health Authority CA 18-Dec-1997
A nurse was employed under a contract, under which there was no mutuality of obligation; she could refuse work and employer need offer none. This meant that there was no employment capable of allowing an unfair dismissal issue to arise.
Sir . .
(Gazette 28-May-98, , [1997] EWCA Civ 3035, [1998] IRLR 125, (1998) 41 BMLR 18) - Cited – Carmichael and Another v National Power Plc HL 24-Jun-1999
Staff who worked only as and when required, and who then had the right to turn down work offered were not employees and were not therefore entitled to written particulars of employment. The absence of mutuality and the discontinuity of any . .
(Times 23-Nov-99, Gazette 01-Dec-99, Gazette 17-Dec-99, , , [1999] 4 All ER 897, [1999] UKHL 47, [1999] 1 WLR 2042, [2000] IRLR 43, [1999] ICR 1226) - Cited – Percy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .
(, [2005] UKHL 73, , Times 16-Dec-05, [2006] 2 WLR 353, [2006] ICR 134, [2006] IRLR 195, [2006] 2 AC 28, 2006 SLT 11, [2006] 4 All ER 1354) - Cited – The New Testament Church of God v Reverend Stewart CA 19-Oct-2007
The appellant appealed a finding that the respondent had been its employee, saying he was a minister of religion.
Held: The judge had been entitled to find an intention to create legal relations, and therefore that the claimant was an . .
(, [2007] EWCA Civ 1004, Times 20-Nov-07, [2008] ICR 282, [2008] IRLR 134, [2008] HRLR 2) - Cited – Moore v The President of The Methodist Conference EAT 15-Mar-2011
EAT JURISDICTIONAL POINTS – Worker, employee or neither
Claimant, a Methodist minister, brought proceedings for unfair dismissal – Tribunal held that it was bound by President of Methodist Church Conference . .
(, [2010] UKEAT 0219 – 10 – 1503, [2011] ICR 819) - Cited – Singh v The Members of The Management Committe of The Bristol Sikh Temple and Others EAT 14-Feb-2012
EAT WORKING TIME REGULATIONS – Worker
NATIONAL MINIMUM WAGE ACT – Worker
The issue was whether the Priest at a Sikh Temple was a ‘worker’ within section 54(3)(b) of the National Minimum Wage Act 1998. . .
(, [2012] UKEAT 0429 – 11 – 1402) - Cited – Methodist 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 . .
(, [2013] UKSC 29, UKSC 2012/0015, , , [2013] IRLR 646, [2013] ICR 833, [2013] WLR(D) 179, [2013] 2 WLR 1350, , , [2013] 2 AC 163, [2013] 4 All ER 477, [2013] IRLR 646)
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.194296 br>