Lords allow church minister to claim sex discrimination

A church minister has been allowed to bring a claim of sex discrimination.

Helen Percy was asked to resign from her position as an ordained minister of the Church of Scotland after she had an affair with a married elder of the parish. She brought claims of sex discrimination and unfair dismissal, arguing that similar steps had not been taken against male ministers in similar circumstances.

An employment tribunal, the Employment Appeal Tribunal and the Court of Session all held that Percy could not pursue her claims, on the grounds that she was an office-holder and not covered by the relevant legislation. But Percy has now successfully appealed to the House of Lords in respect of her sex discrimination claim.

The Lords found that Percy worked "under a contract to personally execute any work or labour" as required by the Sex Discrimination Act. The offer and acceptance of a post for a specific time and the payment of wages, expenses and holidays showed that there was an intention for the parties to create a legally binding contract.

They added that an office-holder can also be an employee; this may have meant that Percy could have pursued her unfair dismissal claim as well, but she had not appealed on that point.

Percy v Church of Scotland Board of National Mission [2005] UKHL 73