Same-sex marriage and C of E clergy: Pemberton v Inwood

As all readers of this blog will know, in April 2014, following the enactment of the Marriage (Same Sex Couples) Act 2013, Canon Jeremy Pemberton married his partner Laurence Cunnington. As a result, the Rt Revd Richard Inwood, at the time Acting Bishop of Southwell and Nottingham, revoked his Permission to Officiate (PTO) within the Diocese and declined to grant him an Extra Parochial Ministry Licence (EPML), which was a necessary requirement so that he could take up the post of Chaplaincy and Bereavement Manager at the Kingsmill Hospital run by the Sherwood Hospitals NHS Trust. As a result, he was not appointed to the post.

Canon Pemberton took the matter to an Employment Tribunal, where he was unsuccessful both at the original tribunal and on appeal to an EAT. He then took his case to the Court of Appeal. On Thursday, in Pemberton v Inwood [2018] EWCA Civ 564, the Court of Appeal dismissed his claim. Continue reading

Deliberate breach of faculty conditions

A diocesan chancellor’s observations

In 2014 we posted “Ignorance of the Faculty Jurisdiction Rules is no excuse…”,  and expanding on this theme, “Risks of disregarding the faculty jurisdiction” in June 2016. The recent case Re St Peter & St Paul Pettistree [2017] ECC SEI 6 concerned a “deliberate and avoidable” breach of the terms of the faculty by a professional on the list of DAC-approved architects.

At the conclusion of the judgment, Continue reading

Clergy employment – an unusual case: Gould

Another one I missed…

The Times reported (£) on 27 December that “A lawyer-turned-vicar is suing his church for discrimination after he was dismissed when his marriage ended.” The report relates to the dismissal of the Revd Jonathan Gould as minister of St John’s Downshire Hill, in Hampstead, and the subsequent proceedings before Employment Judge Lewzey and, in October, before Simler J in the Employment Appeal Tribunal: see Rev J Gould v Trustees of St John’s Downshire Hill [2017] UKEAT 0115/17/0510.


St John’s Church, Downshire Hill, is one of the few surviving Church of England proprietary chapels. It is recognised as a church within the Diocese of London but has complete independence in financial matters. Continue reading

Age Limit Guidance

Guidance under Regulation 29A (10) Ecclesiastical Offices (Terms of Service) Regulations 2009

On 10 August, we cross-posted Patrick Shorrock’s summary of the Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2017 (“the Regulations”)which came into effect on 1 July 2017, changing certain aspects of the provisions governing how clergy over 70 hold office. There were first published in the National Archdeacons’ Forum: Archdeacons’ News, Bulletin no. 26 July 2017, and Patrick kindly permitted us to post a revised version. On 3 October, the Archbishops’ Council published its Age Limit Guidance relating to the Regulations on the Church’s Document Library.  Continue reading