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178 Law & Just. - Christian L. Rev. 80 (2017)
Church of Ireland Clergy and Employment Law

handle is hein.journals/ljusclr178 and id is 84 raw text is: CHURCH OF IRELAND CLERGY AND EMPLOYMENT LAW BARRY FORDE If I had a world of my own, everything would be nonsense. Nothing would be what it is, because everything would be what it isn't. And contrary wise, what is, it wouldn't be. And what it wouldn't be, it would. You see? Alice, Alice in Wonderland (1951 film adaptation) Abstract: This article notes the different constitutional background which exists in both Northern Ireland and in the Irish Republic as compared to the UK and how it affects the relationship between church and state. It then considers the law on the employment status of the clergy in the Church of Ireland against this background. It first outlines the tests for employment status used by the UK courts and then considers the case law on this area and then looks at the position in the Church of Ireland. It concludes by arguing that: 'The time has come for the Church to navigate a way through this haze of ecclesiastical regulation and civil law 'and seek to devise a way of giving employment protection rights to the clergy of the Church of Ireland. Introduction Entering the world of clergy and employment law is rather like the experience of Alice going down the rabbit hole into Wonderland. Layer upon layer of complexity and uncertainty prevails until such time as one is tempted to simply settle for 'more tea, vicar!' with the Mad Hatter, Queen of Hearts, all the while grinning like the proverbial Cheshire cat. Nonetheless, I intend to follow the white rabbit in seeking to reach some determination on the status of clergy within the Church of Ireland,' The complexities are many layered. They include issues of jurisdiction, legislation, case law in relation to employment generally, and then 1 Hereafter referred to as 'the Church' (capitalised), distinguishable from discussion on 'the church' in general, in relation to employment law.

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