Methodist ministers are office holders and have employment rights

3 May 2011

Reverend Moore was an ordained Methodist circuit minister whose claim for unfair dismissal was rejected by the Employment Tribunal ("ET") because such claims can only be brought by "employees". The ET decided that she was an office holder and not an employee with rights to bring an unfair dismissal claim before an ET. However, the Employment Appeal Tribunal ("EAT") has decided that the ET should have heard her unfair dismissal claim because she had a contract of service (and therefore was an employee) as well as being an ordained office-holder.

In reaching this decision the EAT stated that the arrangements between the Claimant and the Church were contractual in character; they involved the offer and acceptance of a church post for a specific period. The duties of that post, if not precisely prescribed, were governed by agreed terms and conditions of the Methodist Church. These covered remuneration, payment of expenses, holiday and accommodation. The EAT decided the relationship gave rise to legally-binding obligations. The EAT stated:

"In our view the Claimant's contract was one of service. Once it is accepted that there is nothing in the Claimant's spiritual role which is inconsistent with her being an employee, and once the question whether there was anything special about the nature of the Claimant's remuneration is decided, all the indications point one way. She received regular remuneration, including an entitlement to sick pay.

She was given accommodation. She was required to engage in an appraisal process, was subject to at least a degree of supervision from the Church and was liable to a disciplinary procedure. Although she did not have to work set hours, there was a clear concept of working time, when she was at the disposal of the Church, and holiday, when she was not. Of course, like any professional she had a great deal of discretion as to how she did her work, but that is in no way inconsistent with a contract of service."

Comment
If this decision is not successfully appealed, Methodist ministers on similar contractual terms to Ms Moore will have employment rights which they can enforce through the ET. The case may be of interest to other denominations because their ministers may be able to rely on this case to show that they too have employment rights, although that question will ultimately be fact specific.