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Organists have been second-class citizens in the church hierarchy since before Bach and bridal marches, but organists are to receive full employment rights after a landmark ruling.
Episodes of bad blood between vicars and organists – who claim worse treatment and fewer benefits than other staff, despite being highly trained – could end following a judgment by an employment tribunal that organists are church employees.
Robert Leach, director of Organist Publications, a company that provides assistance for church organists, said: “This is a landmark decision which should greatly help to improve the working relationship between organists and church authorities. It is estimated that about two thirds of qualified organists are no longer prepared to accept an appointment in the Church. Problems working with vicars is one of the most quoted reasons.”
Of the estimated 30,000 practising organists in Britain, only about 100 are full time. The majority have other jobs and can expect to take home about £40 a week for their services.
The church organist has always been regarded as the employee of the vicar even though the Church Council may be legally liable to pay his or her salary. Many organists do not have a formal contract.
Mr Leach, who is a chartered accountant and a church musician, said: “The attitude of the Church is that anything that smacks of business is somehow unholy. Just talking about personnel provision is considered unholy. I think this is totally bonkers.
“If you wanted to extend the church building, you wouldn’t have a prayer meeting to ascertain the foundations and things like that; you would hire a professional person to do it. But for some reason all the rules about human resources are conveniently ignored and everything is run like a church jumble sale.”
The tribunal concerned the dismissal of an eminent organist and choirmaster in the North of England and was held at the end of last year. A preliminary decision that the church organist is an employee was made public yesterday.
An order prevents publication of any material that can identify either the organist or the church. The tribunal will now decided whether the organist’s dismissal was fair. Although the church authorities are free to appeal, it is believed that this is unlikely.
The appointment of organists in the Church of England is governed by a mixture of canon law, contract law and employment law. There is no single test for when someone is an employee. However, lawyers believe that the situation is changing.
Mark Mansell, an employment partner at Allen & Overy, a leading law firm, said: “The courts are increasingly willing to find an employment relationship, even when someone is only working for a short period of time.
“On the issue of religion, there is a movement away from treating people who work for the Church as people with a calling and towards treating them as a member of staff.”
The Church of England had no comment.
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