Church's ex-minister seeks to overturn ruling that God is her boss

UK: A former Church of Scotland minister who says she was forced out of her job is asking the Law Lords to overturn a ruling…

UK: A former Church of Scotland minister who says she was forced out of her job is asking the Law Lords to overturn a ruling that she has no contract on which to base a compensation claim - effectively because her employer was God.

Helen Percy was suspended from her post as an associate minister for six glen parishes in the Presbytery of Angus in 1997 after being accused of having sex with a married elder.

She later resigned and took her sex discrimination case to an employment tribunal, arguing that the kirk (church) did not take similar action against male ministers over extra-marital affairs.

But the tribunal held it had no jurisdiction to hear her complaint because her employment was essentially spiritual and not covered by civil law.

READ MORE

An appeal tribunal and the Court of Session in Edinburgh also upheld the kirk's exclusive jurisdiction over its own affairs and said Ms Percy was not an "employee".

Yesterday Susan O'Brien QC, for Ms Percy, asked the Law Lords to rule that her agreement with the church to work as a minister amounted to a contract of employment. She urged them to send the case back to the employment tribunal for a full hearing, or refer it to the European Court of Human Rights.

The House of Lords appeal, set for three days, is opposed by lawyers for the Church of Scotland board of national mission.

They point out that, under the 1921 Church of Scotland Act, the kirk's power to decide all matters of doctrine, worship, government and discipline comes from Christ alone.

Ms Percy (39), who was also a part-time chaplain at Noranside prison, wants to bring a claim for compensation for lost income, pension and housing benefits, and damages for injuries to her feelings and stress-related illness.

In an earlier case in the English courts, an Anglican rector failed in his attempt to bring an employment law complaint because he was effectively employed by God, not the church.

But the general synod has since voted on the issue, and Anglican clergy are expected to be given employment rights in about three years.