Thinking Anglicans

Case-law on religion and employment

Law and Religion UK has published Case-law on religion and employment. Frank Cranmer writes:

As some readers will be aware, I am the current Secretary of the Churches’ Legislation Advisory Service; and one of my duties is to keep my members up to date with legal and policy developments which might affect them. Some considerable time ago I was asked by one of the member Churches if I could produce a note on the case-law relating to clergy employment.

I did as I was asked; and since then I’ve revised it regularly to take account of new decisions and new areas as the occasion has demanded. The current version of the paper addresses the legislation and recent case law relating to ministers of religion in the Church of England, the Church of Scotland and other religious organisations, the position of lay employees, volunteers and interns, entitlement to the National Minimum Wage, the current exceptions relating to employment by religious organisations and vicarious liability.

Employment law is in a constant state of development; and the result of regular revision is that what began as a fairly short paper is now the length of a fairly substantial journal article. Yesterday I posted the latest version on the public part of the CLAS website – and since I’m not a specialist employment lawyer I should be very grateful indeed for any comments/corrections/criticisms from anyone out there who is.

Comments of the type requested may be more helpful to Frank if posted at his website, rather than here. But the document may well be of interest to TA readers who are not employment law specialists.

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