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Landmark Decision in The Court Of Appeal

The Court of Appeal have upheld the previous ruling by the EAT that Haley Preston (formerly Moore) was, in her role as a Methodist Minister, an employee of the Methodist Church (Haley Anne Preston v President of the Methodist Conference A2/2011/0852).

The approach of courts and employment tribunals to the employment status of the clergy has developed over time and, it has now been further evolved by this momentous decision. It is a particularly significant decision given that the Court of Appeal had in 1984 determined that a Methodist Minister was not an employee and, that the ruling is likely to impact upon other religious denominations.

The Court of Appeals decision follows on from the recent decisions of Percy v Board of National Mission of the Church of Scotland [2006] ICR 134 and, New Testament Church of God v Stewart [2008] ICR 282 which alluded to a sea-change in the legal status of the clergy.

The decision means that Haley may now proceed with her claim in the employment tribunal for constructive unfair dismissal against her former employer, the President of the Methodist Conference.

Dale Band, Partner at Nalders Solicitors who represented Mrs Preston, said:

"Haleys determination in pursuing this claim, in her quest to ensure that the clergy be treated fairly and reasonably in undertaking their duties, is to be admired given that she has received no financial assistance or support, from a union or otherwise.

This ruling is a significant step forward in ensuring that Methodist Ministers are given access to justice and independent restitution. Haley hopes that it will help ensure that others are not treated in the same manner as she was."

Haley commented on the decision as follows:

"Whilst I am delighted that the ruling has been upheld and am exceedingly grateful to my legal team for all their work and support, I am deeply saddened that The Methodist Church has been so determined in its pursuit to remain outside the law.

Why is transparency, accountability and good practice perceived by them to be such a threat that they will go to such lengths to avoid having to comply with employment legislation? There was once a time when the Methodist Church could have prided itself on its lead in areas of reform and social justice but it would now seem that the message that it preaches is very much one of do as we say not as we do!

It is high time that the Church put its own house in order and got to grips with the obligations placed on every other employer. Whilst The Methodist Church claimed that compliance with employment legislation would be contrary to the manifestation of Methodist beliefs, no evidence was adduced to support their argument. Unfortunately, hiding behind tradition and a law of privilege has enabled those in authority in the Methodist Church to do whatever they wanted without question or redress for far too long that they think, in their arrogance, that they have become untouchable! As a result many ministers and their families have been utterly broken, driven out, disregarded and often used as a scapegoat to avoid dealing with the real problems that exist in many circuits."

The Methodist Church has made an application for permission to appeal to the Supreme Court.

Legal Team:

Dale Band, Qualitysolicitors Nalders

John Bowers QC, Littleton Chambers

James Bax, Rougemont Chambers