Major implications for all churches in the United
Kingdom.
“Some of the best and worst practices I have ever come across
have been in churches”, says union leader.
A sacked female minister in Cornwall has won a landmark ruling to
bring a case against the Methodist Church for unfair dismissal.
The decision by the Employment Appeal Tribunal reverses an earlier
decision by the Court of Appeal and paves the way for all clergy to
challenge their employers in the courts.
The tribunal concluded that Haley Moore, who was dismissed as a
minister in Redruth, was an employee under the Employment Rights Act and
can take action against her former employer, the President of the
Methodist Conference.
The Unite union, which has been fighting for equal rights at work for
religious workers for 16 years, said the decision was a “significant
step forward”.
National officer Rachael Maskell said it would set a precedent and
remove the potential for “bias” with church members hearing final
appeals.
“The steps she has taken have really opened the door for all ministers of religion,” she said.
“Some of the best and worst practices I have ever come across have
been in churches – which are very politicised organisations. Employment
tribunals show a failure in the system and this will make systems more
vigorous and hopefully change the behaviour of some individuals.”
Unite said that a landmark ruling, allowing a female Methodist
minister to bring a case for unfair dismissal, should be a warning shot
across the bows of the Church of England and other religious faiths that
don’t recognise current employment legislation.
Unite, which has 2,500 faith worker members, said the employment appeal
tribunal (EAT) ruling that Redruth minister Haley Moore was an employee
under the Employment Rights Act was ‘a significant step forward’.
Ms Moore can now take action against her former employer, the president of the Methodist Conference.
Unite national officer Rachael Maskell said: ”This case exposes the
medieval attitude to employment law adopted by the hierarchies of
various denominations in this country. They need to wake up and smell
the coffee. The steps that Ms Moore has taken have really opened the
door for all ministers of religion.
The decision is the latest in a string of legal wrangles to assess
whether the spiritual motivation of religious ministry is at odds with
status as an employee.
It follows an appeal ruling in 2009 by the House of Lords that the
relationship between another female minister Helen Percy and the Church
of Scotland constituted “employment”.
It is, however, the first time the Methodist Church has been forced to
confer employment rights and is significant because it overturns a
separate 27-year-old ruling.
The Court of Appeal determined in 1984 that a Methodist minister was not
an employee and therefore did not have the statutory rights such as the
right to claim unfair dismissal.
It said the spiritual nature of the
minister’s functions, the act of ordination and the doctrinal standards
of the Methodist Church were inconsistent with the idea of “service”
under a contract of employment.
However, the Employment Tribunal has now found that many features of Ms
Moore’s association with the Methodist Church had the hallmarks of
employment, including the receipt of a salary, accommodation and a
pension.
She received payslips with an employee reference number, had tax and
National Insurance deductions made from her salary and she received a
P60 tax statement at the end of the tax year.
A Methodist Church spokesman said it would appeal the ruling.
Kenneth Howcroft, assistant secretary of conference, said: “The
Methodist Church is seeking an appeal against the judgement that Haley
Moore’s case is a matter for an employment tribunal.