A Court of Appeal ruling handed down on Friday is reported in the Times to be the first time that the courts have recognised a minister as being an employee of a church. Previously ministers have been regarded as holders of holy office, or servants of God, rather than employees with access to the full range of employment rights.
In The New Testament Church of God v Rev Stewart [2007] EWCA Civ 1004 (19 October 2007), Lord Justice Pill, sitting with Lady Justice Arden and Lord Justice Lawrence Collins, unanimously rejected an appeal by the church against an Employment Appeal Tribunal ruling a year ago [subscription required], in which the EAT upheld a tribunal decision that Rev Stewart was an employee of the New Testament Church of God.
However, the fact that some ministers of religion may be found, on the facts, to be working under a contract of employment does not mean that all ministers are employees.
In the judgment of Lord Justice Pill:
It will be clear from my earlier statements that upholding the Employment Tribunal's conclusions and decision in this case does not involve a general finding that ministers of religion are employees. Employment Tribunals should carefully analyse the particular facts, which will vary from church to church, and probably from religion to religion, before reaching a conclusion.
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