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churchtimes.co.uk/articles/2015/6-november/news/uk/pemberton-loses-employment-tribunal
CANON Jeremy Pemberton, who had his permission to officiate (PTO) removed last year after he became the first Church of England priest to enter into a same-sex marriage, has lost his case at an employment tribunal.
Canon Pemberton began tribunal proceedings against the Acting Bishop of Southwell & Nottingham, the Rt Revd Richard Inwood, under the Equality Act last year. He argued that Bishop Inwood, by removing his PTO and further refusing to grant him the necessary licence to take up a new post as an NHS chaplain, had discriminated against him, preventing him from taking up a new NHS chaplaincy appointment in the diocese.
On Wednesday the tribunal dismissed all his claims.
Bishop Inwood had withheld it because, by marrying his partner, Canon Pemberton had failed to comply with the House of Bishops’ pastoral guidance which had banned same-sex marriages among the clergy, and was, therefore, no longer in good standing with the C of E.
Bishop Inwood was also found to have not discriminated against Canon Pemberton on the grounds of sexual orientation. The Equality Act provides a defence against discrimination if the employment is for the purposes of an organised religion.
The tribunal ruled that the current doctrine of the C of E was clear — marriage should be between one man and one woman — and therefore Bishop Inwood was protected from the discrimination claim because adhering to the Church’s doctrine was a requirement of taking up the new NHS chaplaincy post.
Finally, Canon Pemberton had claimed that the Bishop’s actions had amounted to harassment. The tribunal disagreed. "We accept that the Claimant [Canon Pemberton] was clearly distressed and felt humiliated and degraded by what had occurred.
“We conclude in the context of matters, given that the Church . . . acted lawfully . . . it would be an affront to justice if we were to find that what occurred constituted harassment.”
CANON Jeremy Pemberton, who had his permission to officiate (PTO) removed last year after he became the first Church of England priest to enter into a same-sex marriage, has lost his case at an employment tribunal.
Canon Pemberton began tribunal proceedings against the Acting Bishop of Southwell & Nottingham, the Rt Revd Richard Inwood, under the Equality Act last year. He argued that Bishop Inwood, by removing his PTO and further refusing to grant him the necessary licence to take up a new post as an NHS chaplain, had discriminated against him, preventing him from taking up a new NHS chaplaincy appointment in the diocese.
On Wednesday the tribunal dismissed all his claims.
Bishop Inwood had withheld it because, by marrying his partner, Canon Pemberton had failed to comply with the House of Bishops’ pastoral guidance which had banned same-sex marriages among the clergy, and was, therefore, no longer in good standing with the C of E.
Bishop Inwood was also found to have not discriminated against Canon Pemberton on the grounds of sexual orientation. The Equality Act provides a defence against discrimination if the employment is for the purposes of an organised religion.
The tribunal ruled that the current doctrine of the C of E was clear — marriage should be between one man and one woman — and therefore Bishop Inwood was protected from the discrimination claim because adhering to the Church’s doctrine was a requirement of taking up the new NHS chaplaincy post.
Finally, Canon Pemberton had claimed that the Bishop’s actions had amounted to harassment. The tribunal disagreed. "We accept that the Claimant [Canon Pemberton] was clearly distressed and felt humiliated and degraded by what had occurred.
“We conclude in the context of matters, given that the Church . . . acted lawfully . . . it would be an affront to justice if we were to find that what occurred constituted harassment.”