For a number of reasons... the rights and duties of ministers in the Methodist Church were found to arise entirely from their status in the constitution of the Church, and not from any contract.....Law & Religion UK blog also has coverage of the decision.
Friday, November 29, 2013
British Employment Appeal Tribunal Remands Unfair Dismissal Claim By Church of England Rector
In Sharpe v The Worcester Diocesan Board Of Finance Ltd., (UK EAT, Nov. 28, 2013), Britain's Employment Appeal Tribunal remanded for further consideration an appeal by an ordained minister in the Church of England who argued that his service as a Rector is covered by the Employment Rights Act 1996. Petitioner claimed that he had suffered detrimental treatment and was constructively and unfairly dismissed as a result of his making protected disclosures. The Appeals Tribunal held that the UK Supreme Court decision earlier this year in President of the Methodist Conference v. Preston, (UK Sup. Ct., May 15, 2013), requires a focus on "whether there was an express contract between the Claimant and the Bishop, having regard to the rules and practices of the Church and the particular arrangements made with the Claimant." Explaining the Preston holding that a Methodist minister is not covered by the Employment Rights Act, the Appeal Tribunal said in part:
