A former Church of Scotland minister who says she was forced out of her job after being accused of having an affair with a married church elder has won the right to claim compensation for sex discrimination.

Five Law Lords in London ruled today that Helen Percy can bring a claim against the Kirk at an employment tribunal, despite defence argument that she had no contract of employment because her job was of a spiritual nature.

By a 4-1 majority, the Lords rejected submissions that a sex discrimination claim was to be regarded as a spiritual matter, falling within the exclusive jurisdiction of the church authorities and not the civil courts.

Ms Percy, 39, a single woman, was suspended from her post as an associate minister for six glen parishes in the Presbytery of Angus in 1997.

She later resigned and took her sex discrimination complaint to an employment tribunal, arguing that the Kirk did not take similar action against male ministers over extra-marital affairs.

But the tribunal held it had no jurisdiction to hear her case because her employment was essentially spiritual and not covered by civil law - in effect, she was a servant of God.

An appeal tribunal and the Court of Session in Edinburgh also upheld the Kirk’s exclusive jurisdiction over its own affairs and said Ms Percy was not an "employee".

In the House of Lords, she sought a ruling that her agreement with the church to work as a minister amounted to a contract of employment.

Her appeal was opposed by the Church of Scotland Board of National Mission, whose lawyers argued that, under the 1921 Church of Scotland Act, the Kirk’s power to decide all matters of doctrine, worship, government and discipline came from Christ alone.

Ms Percy, who was also a part-time chaplain at HM Prison Noranside, wants to bring a claim for compensation for lost income, pension and housing benefits, and damages for injuries to her feelings and stress-related illness.

She has always insisted that only one act of sexual intercourse took place during her relationship with the church elder.

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