Yesterday, the House of Lords granted an appeal to Helen Percy whereby she is entitled to take her case – presumably for constructive dismissal on grounds of sex discrimination – to an employment tribunal. She stands to win a considerable sum in compensation. I applaud her bravery, tenacity and patience, though she will require these qualities still further in the next months. I can only imagine the furore this has created at the central offices of the Church of Scotland, and I wonder whether anyone is truly aware of the full ramifications of this judgement.
For half my working life I was a professional insurance person with the credentials and qualifications to prove it! Indeed for some years I was both a tutor for the Chartered Insurance Institute and an examiner – specifically interested in legal liability insurance, which encompasses the whole area of employment legislation. Now of course, the law never stands still, but it had been long established even in my day, that if someone was “treated as if they were an employee ie were directed in matters of work and receiving of payment” then the person in the position of an employer was legally obliged to take out Employer's Liability Insurance. In fact a certificate of insurance confirming this fact has to be displayed in any premises of work. Churches and religious institutions have for too long believed themselves to be above the law in this matter, and those working for them have often suffered as a result.
In boards and committees of the church I have on several occasions pointed out this point of principle. No-one would believe me. How sweet is vindication. I only hope it is too for Helen Percy. Well done Helen.
