Last year we were writing about the issue of whether a vicar can claim unfair dismissal. The Methodist minister Hayley Preston was successful in the Court of Appeal before Christmas. However, the Reverened Mark Sharpe was told at a pre-hearing review that he was not an employee of the Church of England.

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Methodist minister Hayley Preston has won an appeal, and will be able to bring a case of unfair dismissal as an employee in the employment tribunal. It was held that she was an employee of the church and not “a steward of God.” There were two precedents to consider, and the more recent one has been followed in order to modernise the common law.

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UPDATE: Methodist Minister Hayley Preston has won in the Court of Appeal.

A vicar from the Church of England is bringing a claim in the employment tribunal that he was an employee and is entitled to claim constructive unfair dismissal. Traditionally vicars, priests, and ministers are considered to be self-employed office-holders unable to bring cases at tribunal.

This case comes at the samt time as an appeal is being heard about a Methodist minister, who was found to be an employee by the tribunal.

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Anyone who read the piece on the blog last week about a self-employed Financial Advisor who was found to be an employee by the Employment Tribunal will know that the question “when is an employee and employee?” is a difficult area of law.

Now a decision of the High Court has held that the Catholic Church, or its Bishops, can be vicariously liable for the wrongs committed by their priests.

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