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Bishop not an “employment service provider” under Equality Act 2010

Published:

@ Rod Long

In a discrimination claim by a Claimant who entered into the Discernment of Vocations process within the Church of England, the Employment Tribunal found that a bishop is not an “employment service provider” under the Equality Act 2010.

The Discernment process for ordained ministry in the Church of England is of a spiritual vocation or calling to God and is not to be equated to a trade, occupation or a personal office within the meaning of the Equality Act 2010. The fact there were aspects of the process that might also be found in the employment context does not alter the fundamental nature of that process. The Employment Tribunal did not have jurisdiction to hear the Claimant’s claim.

Edward Kemp instructed by Winckworth Sherwood LLP represented the successful Respondents.

View the Employment Judge Algazy KC’s reserved judgment here