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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