Dean Martyn Percy v The Dean & Chapter of the Cathedral Church of Christ in Oxford of the Foundation of King Henry VIII — 2020

The tribunal determined a preliminary status issue in the claimant's Equality Act proceedings against the Dean & Chapter of the Cathedral Church of Christ in Oxford. It held that Dean Martyn Percy was an employee for the purposes of s.83(2)(a) Equality Act 2010 at all times material to these proceedings, and that he was not in Crown employment within s.83(2)(b).

In reaching that conclusion, the tribunal reviewed Allonby, Percy, Hashwani, O'Brien, CVS Solicitors and Halawi. It accepted that the authorities supported a binary employment/self-employment analysis and did not require the claimant to show a formal contract of employment in order to establish employee status under s.83(2)(a). It treated office-holder status as relevant but not determinative, and considered subordination and personal performance as part of the overall factual assessment.

Applying that approach to the facts, the tribunal found that the Dean was closely integrated into the respondent's organisation. It noted that he was the Head of House, provided leadership, direction and guidance to the Governing Body and its committees, devoted substantially all of his time to the role, and would ordinarily be expected to carry out the duties described in the Further Particulars. The tribunal also found that there was an expectation that he would undertake those duties so far as he could, and that there was power to remove him for cause if he did not.