Vicar who claimed he was victim of four-year hate campaign loses court battle
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Version 0 of 1. A vicar who claimed he was the victim of a four-year campaign of hate in a rural parish has lost a court of appeal battle over the right to bring an action for unfair dismissal before an employment tribunal. The Rev Mark Sharpe argued he was driven out of his Church of England parish in Worcestershire after his dog was poisoned, his car tyres slashed and his mail tampered with. He insisted he had a legal right to bring a constructive unfair dismissal claim against the church but three appeal judges – Lady Justice Arden, Lord Justice Davis and Lord Justice Lewison – ruled that, as a vicar, he was “neither a party to a contract of employment, nor a worker” and therefore not entitled to bring a case. Sharpe moved to Hanley Broadheath, near Worcester, with his wife and four children in 2005, but stepped down in September 2009 saying he had developed health problems as a result of a campaign of harassment. He claimed animal excrement was smeared on his car and his home phone lines cut. He said glass was smashed on the driveway, heating oil stolen and he was threatened on the rectory’s doorstep by a parishioner. At one point he said he was even told off for having a beard and he and his wife, Sara, were forced to install CCTV cameras at the rectory after being plagued by prowlers. Sharpe said the church should have warned him about problems at the parish – Teme Valley South – before he began work there and launched legal proceedings. The case reached the appeal court after tribunals were split over whether he could legally be categorised as an employee or a worker. His trade union, Unite, backed his case and sought a landmark decision which could lead to all faith workers “finally being awarded basic employment rights”. Sharpe argued he was employed by the bishop of Worcester and therefore entitled to protection by legislation, including the 1996 employment rights act. The CoE maintains he is not an employee but a “religious office holder” under ecclesiastical law. The church has always firmly rebutted Sharpe’s claims about harassment. Following the appeal court ruling, the bishop of Worcester, John Inge, said: “There has been considerable consultation with the clergy on this issue as well as discussions at general synod and clergy have consistently said that they don’t wish to change their status as office holders. “To become employees, clergy would lose the freedoms which are at the heart of the church’s ministry and this is not something that they want to give up. “Mr Sharpe’s claims of the various incidents which despoiled his ministry in Teme Valley South are disheartening to read. However, I am encouraged to note that the clergy who have ministered in these churches both before and since Mr Sharpe’s appointment have all spoken very warmly of the people there and their experience doesn’t reflect any of the negativity that Mr Sharpe claims to have faced.” Speaking before the hearing, Sally Kosky, Unite national officer, said: “It is deeply disappointing that the Church of England has gone to such lengths to avoid its responsibility. “It cannot be that on the one hand the church takes huge strides forward on gender equality, yet on the other remains in the dark ages on fundamental employment rights. There is much at stake here, not only for Mark, but many other faith workers who are unable to seek justice for unfair treatment.” Sharpe was previously a Royal Navy chaplain who claimed compensation when he argued he was forced to leave two warships because pornography was a “routine part of life” on board. His case against the Ministry of Defence was settled in 2006 for an undisclosed sum, believed to be about £50,000. |