Latest in Employment Law>Case Law>The President of the Methodist Conference v Preston [2013] UKSC 29
The President of the Methodist Conference v Preston [2013] UKSC 29
Published on: 17/05/2013
Issues Covered: Dismissal
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Background

This appeal considered the question whether or not Hailey Anne Preston a Minster of the Methodist church until 2009 was an employee of the Methodist Conference, such that she was entitled to bring a claim of constructive dismissal. The Court considered principally two arguments; firstly, that there is a distinction between an office of public nature whose duties were defined by the law and rules of the institution and employment; and secondly that the spiritual nature of a minister post makes it unnecessary and inappropriate to characterise the relationship as having legal relations.

The majority of the Supreme Court held that the minister could not bring a claim of constructive dismissal as there was no employment contract. The Supreme Court held that instead the relationship between the minster and church was governed by its own constitution within the Deed of Union and standing orders of the Methodist Conference. http://www.supremecourt.gov.uk/decided-cases/docs/UKSC_2012_0015_Judgment.pdf

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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 17/05/2013