Professor Doreen McCalla v Lichfield Diocesan Board of Finance Inc and 1 other — 2022

At the reserved preliminary hearing in Birmingham on 19 and 20 December 2022, Professor McCalla withdrew all claims except a claim under s.55 Equality Act 2010 alleging that either or both respondents, as employment service-providers, discriminated against her in relation to the discernment process and its termination. The tribunal heard evidence about the Church of England discernment of vocations process from the claimant and from Julie Jones, Reverend Romita Shrisunder, Bishop Chris Goldsmith and Bishop Sarah Bullock.

The tribunal accepted the respondents' evidence that the discernment process was a spiritual journey to discern a calling to ministry, not training for employment or vocational guidance. It found that the claimant had reached stage 2f, the interview with the sponsoring bishop, but was not taken forward to the Bishops' Advisory Panel. It also accepted that the placement stage involved attendance and voluntary activity in church settings rather than work experience, and said that the fact that some stages resembled employment-related processes did not alter the fundamental character of the process.

The tribunal held that the services provided by the respondents were directed to discernment and selection for ordination training, not to the provision of an employment service within s.56 Equality Act 2010. It concluded that neither respondent was, or acted as, an employment service-provider in its dealings with the claimant at any material time, so the tribunal had no jurisdiction over the sole live claim. That claim was dismissed, and no remedy was awarded.