Woman minister takes employment case to the Lords
25 Oct 05
Eight year battle over Church regulation reaches final appeal court
A former Church of Scotland minister yesterday appealed to the House of Lords against a ruling that the civil courts have no jurisdiction over the affairs of the Church of Scotland.
Helen Percy claimed constructive dismissal and sex discrimination after being required to demit her status as a minister in 1997 when her affair with a married elder became public. She alleges that male ministers accused of affairs are not obliged to resign.
The employment tribunals and the Court of Session ruled that they had no jurisdiction to hear the case because the Church of Scotland Act 1921 enshrines the Church's right to regulate its own affairs, and Ms Percy was not "employed" by the Church so as to be covered by the UK and European legislation guaranteeing equal treatment at work.
The hearing before five Law Lords continues.