A MINISTER of the New Testament Church of God (“the church”) had a contract of employment and was therefore an “employee” under the Employment Rights Act 1996, the Court of Appeal ruled in a claim for unfair dismissal brought by the Revd Sylvester Stewart.
The Church of God is Christian, and its aim is the propagation of the gospel in accordance with the acts and teachings of the Church of God based in the United States. It is represented in 170 countries. In some countries it is known as the Church of God, and in others, including the UK, it is known as the New Testament Church of God. There are 108 churches in the UK, with 295 ordained ministers, but only about 88 of them receive payment (referred to as either a “salary” or a “stipend”) for their services.
Mr Stewart, a former driving instructor, had been a member of the church for most of his life, and was involved at different levels in the church at Harrow. In 1984, he became an “ordained minister”, and was also able to use the title of “Bishop”. Mr Stewart ceased working as a driving instructor in 1999, and was paid a salary through the payroll of the church’s national office in Northampton. He was also entitled to join the pension scheme. There was, however, no agreement in writing between the church and Mr Stewart.
He was suspended from his duties at Harrow on 1 February 2005, after an audit that appeared to show financial irregularities. In June 2005, what was described as a “trial board” convened by the church found Mr Stewart guilty of unbecoming conduct, and of misappropriating £60,000 from the church. His services were terminated, and he brought a claim for unfair dismissal against the church.
A claim for unfair dismissal may only be brought by an “employee”, and the church argued that Mr Stewart was not an employee because there was no intention to create legal relations and no contract between them.
In agreement with earlier decisions of the Employment Tribunal and the Employment Appeal Tribunal, however, the Court of Appeal ruled that the facts of Mr Stewart’s case showed that there was an intention to create legal relations, and there was
a contract. A salary was paid; Mr Stewart was described as an employee on the pay advice slips; and income tax and National Insurance contributions were deducted. The conclusion was that the contract found to exist was a contract of employment.
Mr Stewart was entitled to bring a claim for unfair dismissal, and that claim will now be heard by an employment tribunal.
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