UK vicar takes job battle to Europe

BRUSSELS, Belgium -- A UK vicar who says he was unfairly dismissed from his position is taking his case to Europe.

Ray Owen says he cannot take action to get his job back like other workers because under British law he is deemed to be "employed by God."

The former Rector of the Parish of Hanley, Stoke-on-Trent, central England is asking European politicians to support his case , arguing that he should be allowed the same employment rights as other people.

Owen is calling on the European Parliament's Petitions Committee to back European Union action to end what he says is discrimination against British clergy.

He claims he is facing discrimination on the basis of his religion, nationality and country of work, contrary to EU rules.

Owen, who was "team rector" in Hanley, is now fighting to avoid eviction from his rectory after being told by the Bishop of Stafford in 1999 that "Hanley Team Ministry would benefit from a change of leadership."

The bishop made the decision based on a recommendation from a review panel consisting of two junior clergy and a group of lay representatives from five churches.

Owen says there were procedural irregularities in the decision but that he is unable to take them further because there is no appeals process for the clergy.

Since being told he was to lose his job he has received no stipend, and he lost a High Court appeal in 2000. A bid to appeal to the House of Lords was refused last year, and he has now submitted an application to the European Court of Human Rights.

Meanwhile, Lichfield diocese is seeking a possession order in the county court for the rectory.

Owen says that under UK law, clergy are considered to be "employed by God" and are therefore excluded from the usual rights granted to employees under employment law.

He has vowed to fight on "until the Church of England faces up to the reality that the clergy, who are its primary asset are not properly supported and protected. It's a major injustice."

He has won backing from Labour European parliamentarian Glyn Ford, who said: "If he had been anyone else, he could have gone to an industrial tribunal to appeal against a procedure which was manifestly flawed, and against an outcome which was deeply unfair.

"The government says clergy are not employees, but in my view the position of clergymen like the Rev Owen meets all the criteria that are normally considered to constitute someone being an employee.

"I personally believe that existing EU law is sufficient to cover this case, and I am asking the Parliament to draw up an investigative report on whether the EU should take action to force governments to correct a clear breach of EU law."

Owen is also supported by Chris Ball, National Secretary of the Amicus, the union which has a clergy branch.

"UK clergy, unlike their counterparts in a number of other Member States, are denied employment rights including protection against unfair dismissal, sex discrimination, equal pay and the national minimum wage," he said.

After the hearing of the case, the Petitions Committee will consider whether to launch a European Parliament inquiry into the employment status of clergy in Britain.

The diocese of Lichfield said Owen had been treated fairly, and that British courts had decreed that he had not been sacked.

Director of communications Gavin Drake acknowledged that Mr Owen was not entitled to go before an employment tribunal -- but said it was British law which prevented him from doing so rather than the church.

Drake said: "Mr Owen was on a fixed term licence as rector and this was not renewed. That is not uncommon. It is designed to stop people being in the same parish for a very long time. He was offered a number of alternative posts but he rejected them all."