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Contracts of employment: Assistant curate is not an "employee"

This report relates to 1 case(s)

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    Diocese of Southwark v Coker [1996] ICR 896 EAT (0 other reports)

In Diocese of Southwark v Coker 25.3.96 EAT 374/95, the EAT overrules an industrial tribunal's decision that an assistant curate in the Church of England was an "employee" rather than a mere "office-holder" for the purposes of bringing an unfair dismissal complaint.

The Reverend Dr Coker, a priest of the Church of England, worked as assistant curate in the diocese of Southwark from December 1990 to May 1994, when he was removed from the diocesan payroll. He complained to an industrial tribunal that he had been unfairly dismissed. The tribunal held after a preliminary hearing that Dr Coker was employed under a contract of employment during his curacy and, therefore, it had jurisdiction to entertain his complaint.