January 09, 2012
The Court of Appeal has upheld a ruling that a former Methodist minister was employed by the Church and not by God. The decision leaves the way open for the Reverend Hayley Preston to take a claim for unfair dismissal in the Employment Tribunal.
The Methodist Church, based in Cornwall, argued through their barrister, Oliver Hyams, that insisting that the church abide by employment rules and regulations would interfere with their religious freedom. He said "A minister is chosen to serve God as a master he is not undertaking, in the legal sense, to serve the Church as his master for the duration of a term of a contract of employment."
The Court of Appeal disagreed. Lord Justice Maurice Kay said of the Church "it surely does not embrace a doctrinal belief that a minister who is treated with unfairness or discrimination must be denied common legal redress". He went on to say “this is not a case where the evidence establishes that the existence of a contract of employment between the Church and a minister is contrary to its tenets.”
Mrs Preston claims that she was pressured by the Church to resign from her job as a minister in Redruth, Cornwall back in 2009. The judgement acknowledged that times have changed and recognises the fact that there is nothing in her spiritual role which denies her rights as an employee. The case now potentially opens the way for further claims from clergymen and women.
