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Latest in Employment Law>Case Law>Singh v The Members of the Mgt Committee of the Bristol Sikh Temple and Ors [2012]
Singh v The Members of the Mgt Committee of the Bristol Sikh Temple and Ors [2012]
Published on: 24/02/2012
Issues Covered: Flexible Working
Article Authors The main content of this article was provided by the following authors.
Background This case involved an appeal against a decision that a Priest at a Sikh Temple who had received free accommodation and £50 a week from temple donations was not a “worker” within section 54(3)(b) of the National Minimum Wage Act 1998. The main question at issue was whether there was an agreement between the Appellant and the members of the Temple‟s management committee under which the Appellant owed a contractual obligation to serve personally.The appeal was allowed as it was found that the Tribunal had erred in relation to:-- the questions of “mutuality” and “personal performance of services”; and- in its approach to the question of an intention, in the context of this Temple, to create legal relations (the case of Moore v President of the Methodist Conference [2011] ICR 819 was relied on).The EAT held that the original tribunal had, "...correctly cited Percy v Church of Scotland [2006] 2 AC 28 for the proposition that there is no longer a presumption of no intention to create legal relations between a Minister of religion and his or her church or congregation." This case therefore demonstrates a continuing trend towards employee/worker status for those holding religious positions to fall within employment rights. http://bit.ly/yEDHky

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 24/02/2012
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