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.
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