ABSTRACT
It is a mistake to regard ‘ministers of religion’ as a distinct category as there are many different types of minister and, indeed, different religious bodies have their own understanding of what the term ‘minister’ means. Moreover, the question of clergy employment status can be seen as part of a wider question on the status of workers who do not fit the normal pattern, such as home workers and agency workers. This chapter looks at the debate on extending employment rights to workers outside the traditional employer-employee nexus and asks if this can contribute to the discussion on clergy employment status. It then looks at the common law tests for employee status and asks if the clergy can be considered employees on the basis of these. It then asks if the relationship between a minister and their church or other religious body can be analysed in ways other than a contract of employment and looks in particular at the idea of the clergy as office holders, concluding that this category is in most cases indistinguishable from that of an employee.
