British and European legislators have backed a former
clergyman in his fight to change rules that exempt the Church of England from
employment and unfair dismissal laws.
Eighty U.K. legislators signed a motion this week calling for clergy to be
granted full employment rights. The move came after the European Parliament
voted to back Rev. Ray Owen and urged the Anglican church to change the way it
handles employment issues.
The clash between the lawmakers and England's established religion stems from a
1912 law under which ministers are "employed by God." Their salaries
are considered gifts given by the church so that they can perform their
spiritual duties instead of wages earned in exchange for work.
The law means that when it comes to clergy, organized religious groups in
Britain are not required to follow employment legislation, including unfair
dismissal laws, anti-sex discrimination rules and the national minimum wage.
Legal bid unsuccessful
Owen contends he was dismissed without explanation from his post as a rector in
the parish of Hanley in 1999. He had since fought a mostly unsuccessful legal
battle against the church and has refused to move out of his rectory.
Neither the motion signed by U.K. legislators nor the European Parliament
resolution has the force of law, but the gestures come as the British
government is re-evaluating the legal status of religious workers.
The British motion calls for the introduction of a bill to end the religious
exemption from employment rules.
"By virtue of being ministers of religion, clergy are consequently denied
employment rights and have no redress against sex, disability or racial
discrimination at work," the motion said. "(We) call on the
government to amend all relevant employment legislation so as to address these
inequalities."
Owen welcomed both resolutions.
"I hope this will give a strong push to the U.K. government to recognise
the position of the clergy," he told reporters. "We are now subject
to many of the normal employment requirements, with contracts, and review
procedures and so on and we need the protection of the rest of the employment
laws."
In addition to the support of the European Parliament and the British MPs, Owen
has the backing of British unions.
No laws broken
But the Church of England said Friday that lawmakers backing the vicar were
basing their arguments on a "fundamental error."
Church spokesman Arun Kataria said that the length of clergy postings is set by
church laws that are also approved by the British Parliament.
Owen's position had a seven-year limit, Kataria said, and thus instead of the
vicar being fired, his contract simply ran out.
The church says Owen refused to take up offers of other posts and that he was
not fired.
Kataria also pointed out that European officials had made it clear that no laws
had been broken by the church. Citing Owen's ongoing legal challenge, Kataria
refused to comment on the details of the case.
Religious officials are currently in talks with the U.K. Department of Trade
and Industry (DTI) about whether to include clergy under existing employment
laws.
DTI officials said the discussions would "explore the case for employment
protection more thoroughly and hear all sides of the argument."