Queen’s Bench Division

Published April 25, 2007

Regina (Gibbs) v Bishop of Manchester

Since a lay worker in a diocese was not protected by employment legislation, his licence to serve might be revoked with no right of appeal, provided he had been given reasonable notice.

Mr Justice Munby so stated in a reserved judgment in the Queen’s Bench Division on March 15, 2007 when dismissing an application by Christopher Donald Gibbs for judicial review of the decision of the Bishop of Manchester to terminate, on notice, his licence to serve as a captain in the Church Army, thereby depriving him of any right of appeal.

HIS LORDSHIP said that it was common ground that the claimant was unable to claim protection under employment legislation at the time and that his position was regulated by the canons of the Church of England.

Those included that a licence could not be summarily revoked, except for cause, which gave a right of appeal to the archbishop, whereas no appeal lay against revocation on reasonable notice.

The claimant contended that as the revocation had followed investigation of allegations against him, the licence should have been revoked summarily as revocation on notice was limited to reorganisation or redundancy.

Rejecting that submission, since the bishop had not made any finding adverse to the claimant, it was not open to him to revoke the claimant’s licence for cause, but he had been entitled to revoke on reasonable notice.

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