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Employment status: Church of Scotland associate minister had no contract

This report relates to 1 case(s)

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    Percy v an order and judgment of the EAT 057/17/99 CS (0 other reports)

An associate minister of the Church of Scotland was not employed by the Board of National Mission of the Church of Scotland for the purposes of the Sex Discrimination Act 1975, holds the Inner House of the Court of Session in Percy v an order and judgment of the EAT 20.3.01. There is a rebuttable presumption that where an appointment is made to a recognised form of ministry within the Church and where the duties of that ministry are essentially spiritual, there is no intention to create a contractual relationship giving rise to legally enforceable obligations in civil law. The pre-existing legal framework of the Church and the existence of ecclesiastical courts with jurisdiction over the clergy support this presumption, which is not rebutted by the use of formal language in documentation generated for the purposes of ecclesiastical law.