Employment, sex discrimination and the churches: the Percy Case

• Autores: Frank Cranmer, Scot Peterson
• Localización: Ecclesiastical law journal, ISSN 0956-618X, Vol. 8, Nº. 39, 2006, págs. 392-405
• Idioma: inglés
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• Resumen

  • In this paper, the authors present different views of the legal implications of Percy v Church of Scotland Board of National Mission, in which the House of Lords reversed the Court of Session and held that a former minister could sue the Church under the Sex Discrimination Act 1975 and, contrary to previous views, probably had an enforceable contract for services. Cranmer describes the basis for the decision and suggests that it represents a realistic view of the employment status of clergy. Peterson is less optimistic about the decisions legal and practical effects and argues that it undermines the constitutional status of the Church of Scotland as well as overall prospects for religious freedom in Scotland.