The tribunal also said that the Equality Act in England and Wales allowed for religious exemptions to laws that protect people from being fired because of their sexual orientation.

From 1978 to 1981, he trained for ordination at Ridley Hall, Cambridge, an evangelical Anglican theological college.

However, the Church of England and other religious groups that do not agree with same-sex relationships are allowed to not employ gay people if they are sexually active or in civil partnerships.

He had a job as a hospital chaplain in the Diocese of Lincoln for an NHS trust (an organisational trust within the National Health Service (NHS)) in Lincolnshire but sought work closer to home at King's Mill Hospital.

[2] The Archbishop of York (whose ecclesiastical jurisdiction includes Southwell), John Sentamu, an opponent of same-sex marriage, opposed Pemberton's move.

Following consultation with Sentamu, Bishop Richard Inwood refused Pemberton permission to officiate (PTO) in the Diocese of Southwell and Nottingham.

Pemberton approached three barristers and the church hired the law firm Herbert Smith Freehills.

Tom Linden QC, representing the church, took an aggressive line against Pemberton, calling him "errant", "not in good standing" and heavily chastising him for crying over the revocation of his PTO.