Former minister wins right to tribunal case

House of Lords rule that Helen Percy can claim compensation from Church of Scotland

News, 16 December 2005

A former Church of Scotland minister has won the right to claim compensation for sex discrimination against the Church following a landmark legal ruling in the House of Lords.

Five judges sitting in London ruled that Helen Percy could bring the claim at an employment tribunal. Ms Percy resigned after she was suspended from her job as an associate minister for six parishes in Angus presbytery in 1997. She had been accused of having an affair with a married elder.

She took her complaint of sexual discriminsation to an employment tribunal, arguing that similar action had not been taken against male ministers accused of extramarital affairs. The tribunal said that it had no jurisdiction to hear her case because Ms Percy's employment was not covered by civil law and her service was essentially spiritual. This was upheld by an appeal tribunal and by the Court of Session, which ruled in 2001 that she was not an employee because she did not have a contract.

However, at yesterday's ruling, the judges said the church should have no special immunity from discrimination claims in the civil court and awarded costs against the Church. Yesterday's decision could see other claims for discrimination against sex or race against the Kirk taken to tribunal.

Ms Percy wants to bring a claim for lost income, pension, and housing benefits, as well as damages for injured feelings and stress-related illness.

She alleges that she suffered three acts of discrimination - suspension from her job; "trial by libel", a procedure for investigating misconduct by ministers based on old Church law; and strong advice from three ministers that she should resign and relinquish her status as a minister following the affair.

Ms Percy claims that she only had sexual intercourse with the elder once during their relationship and that she admitted the affair at once.

She said yesterday that she was delighted with the House of Lords ruling and she hoped that anyone in a similar position employed by the Church would now be able to have their claims dealt with in the civil court, rather than just by the Kirk itself.

A spokesperson for the Church of Scotland said the judgment might not apply in other cases because Ms Percy had been an associate minister at the time.