Representation:

• (in layman's terms) contrary to previous thinking, it is possible for a church minister to claim unfair dismissal.

• (in technical terms) where the relationship between a church and its minister has many of the characteristics of a contract of employment in terms of rights and obligations, these cannot be ignored simply because the duties are of a religious or pastoral nature, hence it is open to a Tribunal to find there was an intention to create a legal relationship by way of a contract of service and any presumption against an intention to create a legal relationship has to be disregarded. Previous thinking to the effect that a clergyman cannot be an employee of his church is no longer relevant in the light of the House of Lords decision in Percy v Church of Scotland Board of National Mission HL 2005 , reported at [2006] ICR 134.

editor's note:
The Church appealed to the Court of Appeal but lost (see The New Testament Church of God v Stewart [2007] EWCA Civ 1004, Court of Appeal, 19th October 2007, reported at [2008] IRLR 134 and at [2008] ICR 282). Although the decision of the Court of Appeal was unanimous, it was based on the particular facts of this particular case - Pill LJ specifically warned (at para 55) that ".............. upholding the Employment Tribunal's conclusions and decision in this case does not involve a general finding that ministers of religion are employees. Employment Tribunals should carefully analyse the particular facts, which will vary from church to church, and probably from religion to religion, before reaching a conclusion".

For relevant general notes see Specific employments/ministers of religion