The inherent complexities of Equality Law are again in the spotlight following the recent Employment Appeal Tribunal (EAT) case of Pemberton v Bishop of Southwell & Nottingham.
Anglican priest, Reverend Pemberton, saw his application for a position as Chaplain at an NHS Trust rejected following the Bishop of Southwell & Nottingham’s refusal to grant the necessary license on the basis that he had entered into a same-sex marriage, which was inconsistent with the Church’s teaching on marriage.
Following an initial finding in the Employment Tribunal that the Bishop was a “qualifications body” for the purposes of the Equality Act 2010 and that the provisions of Schedule 9 of the Act (which provides a number of exemptions to some of the key provisions of the Act in relation to employment for the purposes of organised religion) were applicable in this instance Reverend Pemberton appealed to the EAT.
The EAT upheld the Employment Tribunal’s decision that the Bishop was a qualifications body within the meaning of the Equality Act 2010 and that the exemption in Schedule 9 of the Act applied. In particular, the EAT held that the requirement not to be married to a person of the same sex had been applied to Reverend Pemberton so as to comply with the doctrines of the Church of England. Further, the EAT held that the Employment Tribunal had been entitled to find that the doctrines of the Church of England were as stated in Canon law, i.e. that marriage for the purpose of the Church was between one man and one woman.
Reverend Pemberton has been granted permission to appeal to the Court of Appeal whose decision will be eagerly awaited.