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

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

Author: John Duddington
Publisher: Routledge
ISBN: 9780367553197

Published In: August 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780367553173

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Description
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This book examines the current law on the employment status of ministers of religion and suggests reforms in this area of the law to meet the need for ministers to be given a degree of employment protection. The work considers the constant theme in Christian history that the clergy should not be subject to the ordinary courts and asks whether this is justified with the growth of areas such as employment law. The work questions whether it is possible to arrive at a satisfactory definition of who is a minister of religion and, along with this, who would be the employer of the minister if there was a contract of employment. Taking a comparative perspective, it evaluates the case law on the employment status of Christian and non-Christian clergy and assesses whether this shows any coherent theme or line of development. The work also considers the issue of ministerial employment status against the background of the autonomy of churches and other religious bodies from the State, together with their ecclesiology. The book will be of interest to academics and researchers working in the areas of law and religion, employment law and religious studies, together with both legal practitioners and human resources practitioners in these areas.

Acknowledgements

Preface

Part One: Who are the Clergy and Religious Workers and who is their Employer?

Chapter One. Volunteers

Chapters Two. Religious Workers

Chapter Three. The Clergy as Ministers of Religion

Part Two: The Status of Ministers of Religion and Other Religious Workers in Employment Law

Chapter Four. Employment status of the clergy: a comparative perspective

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

Chapter Six. The Legal Status of the clergy under Employment Law as Employees and Workers

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

Chapter Seven. The Autonomy of religious bodies

Chapter Eight. The Perspectives of Churches on the Legal Status of the Clergy and Other Religious Workers

Chapter Nine. A Solution? Potential reforms to achieve a degree of employment protection for Clergy and Other Religious Workers

Index

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