A recent tribunal case has shone a light on the employment status of ministers of religion. In Sharpe v The Worcester Diocesan Board of Finance & Others, a former Rector claimed that he had been constructively dismissed and that he had suffered in relation to whistleblowing. The judgement at a pre-hearing review was that ministers could not be classed as employees or workers and so they could not raise claims through the employment tribunal system. The conclusion was that there was no element of personal service and therefore no worker or employee status.
Is a religious minister an employee?
However, the EAT disagreed and declared that the employment tribunal had not examined the issue in the correct way. It closely examined the rules and procedures in relation to ecclesiastical offices and decided that examining them for similar characteristics to those of a contract of employment was the appropriate tactic to take. It ruled that a contractual relationship could be possible even if part of it was founded in canon law. The EAT referred the matter to a new employment tribunal for reconsideration. It will be interesting to see the outcome as the case could have huge ramifications for churches and religious organisations.
