The Methodist Church has been told it's within its rights not to class ministers as employees. Judges at the Supreme Court have ruled that ministers infact have a covenant with God rather than a contract with the Church and are therefore exempt from employment laws. The verdict emerged following an unfair dismissal claim which was lost by Haley Preston, who said she was pressured to resign as Superintendent Minister of the Redruth Circuit and began legal action in 2009. The case looked at section 94 of the Employment Rights Act 1996 which states that only an employee has the right not be unfairly dismissed. The question the five judges were trying to answer was whether Haley Preston was infact an employee. After having her case thrown out of the Employment Tribunal, the decision was reversed in her favour both in the Employment Appeal Tribunal and Court of Appeal. However, four out of five of the judges at the Supreme Court ruled in favour of the Church.
Lord Hope said:
"The ministry described in the constitution and standing orders is a vocation, by which candidates submit themselves to the discipline of the Church for life.
"Absent special arrangements with a minister, a minister's rights and duties arise from their status in the Church's constitution and not from any contract."
The verdict has been welcomed by the Methodist Church.
But Revd Gareth Powell, Assistant Secretary of the Methodist Conference, told Premier's Marcus Jones on the News Hour this doesn't mean ministers aren't protected:
The ruling only applies to the Methodist Church but could have implications for other denominations or even other religions where it could be argued a leader is serving God. Barrister James Bax represented Ms Preston at the court and gave Premier's Marcus Jones his thoughts on the ruling:
The Supreme Court is the highest court in the UK so Ms Preston has little options in terms of appealing. Premier has contacted her solicitors to find out her next steps and is waiting for a reply.