UK Court of Appeal: Clergy Employed by Church, Not by God

Apparently, a groundbreaking employment law ruling in the U.K., reported at Times Online:

Clergy and other ministers of religion could be entitled to claim the same employment rights as secular employees for the first time after a landmark ruling by the Court of Appeal.

A bishop sacked for “unbecoming conduct” won a ruling in Britain’s second-highest court that he was employed by a church and not by God.

The tribunal had decided that Mr Stewart was their employee and entitled to make a claim under the 1996 Employment Rights Act.

Mr Stewart first became an “exhorter”, then a “licensed minister” and finally an ordained minister and bishop in 1984. The Church, part of the American-based Church of God, argued that Mr Stewart had a role as a “spiritual shepherd” to the congregation.

The judge said: “The Church of God believes that from within the priesthood of all believers God specifically selects, calls, anoints and commissions certain individuals for extraordinary service and leadership and that his special calling is of God’s sovereign will, characterised by individuals with spiritual passion, love for the lost, total involvement, lifelong sacrifice, and servant leadership rather than those seeking position or personal honour.”

.. He carried out services on Sundays and Mondays, held prayer meetings, ran choir practice and a youth club, visited members in hospital or prison, provided debt counselling, collected monthly mortgage payments and even officiated at weddings and other functions. He was paid from the money he collected. Soon after he was suspended and then his work “terminated”, he launched a claim for unfair dismissal seeking reinstatement and compensation at an employment tribunal in Watford.

The Church claimed that he was not employed by them, and therefore had no right to claim unfair dismissal.

The tribunal disagreed, and so did the employment appeal tribunal, which supported the original decision.

Now the three Appeal Court judges have unanimously also supported his rights as an employee. Lord Justice Pill said: “I do not consider that the dependence of salary on local collections, in the context of a prosperous local church such as Harrow, negatives the existence of a contract of employment.”

- Garry J. Wise, Toronto

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