1st Edition

The Church and Employment Law A Comparative Analysis of The Legal Status of Clergy and Religious Workers

By John Duddington Copyright 2023
314 Pages
by Routledge

314 Pages
by Routledge

314 Pages
by Routledge

This book examines the current law on the employment status of ministers of religion together with religious workers and volunteers and suggests reforms in this area of the law to meet the need for ministers to be given a degree of employment protection. It also considers the constant theme in Christian history that the clergy should not be subject to the ordinary courts and asks whether this is... Read more

Acknowledgements

Preface

PART 1

Who are the clergy and religious workers and who is their employer?

1 Volunteers

2 Religious workers

3 The clergy as ministers of religion

PART 2

The status of ministers of religion in employment law

4 Employment status of the clergy: A comparative perspective

5 How can the employment relationship between a member of the clergy and their religious body be analysed?

6 The legal status of the clergy under employment law as employees and workers

PART 3

The perspectives from church-state relations and from the churches themselves and a possible way forward

7 The autonomy of religious bodies

8 The perspectives of the churches on the legal status of the clergy

9 A solution?: Potential reforms to achieve a degree of employment protection for clergy and other religious workers

General Index

Table of Cases

Table of Statutes

Biography

John Duddington is a member of the Centre for Law and Religion, Cardiff University, UK, and editor of Law and Justice, the Christian Law Review. He was formerly Head of the Law School at Worcester College of Technology and is now a Visiting Lecturer at the University of Worcester.

“Dr. Duddington provides a masterly overview of a legally and ethically difficult subject. His analysis treats the subject with compassion and pragmatism, recognising the fundamental nature of what is at stake for both faith communities and their clergy. He is not afraid to make practical suggestions about possible solutions to longstanding dilemmas and he points out the pros and cons of the various options in terms of ways forward. This is therefore a much needed contribution to the field, and deserves to be widely read, both by those in the discipline of law and religion and anyone interested in employment law.”

Carmen Ferradans Caramés, (2023) Law and Justice 191 at page 180

 

“Duddington’s book offers a rigorous and considerate analysis of where clergy and religious workers have stood in employment law. An empathy is shown to the difficulties of such individuals when compared with secular workers, underpinned by comprehensive research and a well-rounded understanding of comparative approaches. Many of these legal lacunas remain, and practical responses to them are eagerly awaited. Duddington points out the need for such responses with a crucial contribution to the debate of how best to balance the autonomy of faith bodies with the rights of individuals working within them.”

Jack Stuart, Ecclesiastical Law Journal doi:10.1017/S0956618X2400053X