November update - Common Tenure

Thank you to all those who attended one of the Terms of Service workshops held within the Diocese in July and October. They were lively sessions and I would like to thank you for your time and participation in making the sessions so interactive and useful. Many questions were raised which have now been added onto the website Frequently Asked Questions page

I have summarised the 4 common themes raised at the workshops for your reference here and if you have any further questions please contact me, your Area Dean or Archdeacon.

1. Why would an incumbent with the Freehold relinquish it?

   This is a question that each office holder on freehold will need to consider for themselves. The freehold has itself changed greatly over the last 100 years. Even before this new legislation takes effect, freehold office may be brought to an end through reaching retirement age, ill health, breakdown of pastoral relationships or through the effect of pastoral reorganisation as well as disciplinary reasons. Under the terms of service legislation, clergy will have their rights and responsibilities clarified, so that they end up with terms of service that are in accord with current best practice.

   These reforms will benefit the Church as they provide a level playing field for all clergy by ensuring that they have good clear terms that will enable their ministry to flourish. Common Tenure will eventually apply to all - archbishops, bishops, archdeacons, cathedral clergy, incumbents, team ministers and the 39% of the clergy (national figure) who currently have time limited posts and no job security.

   Those clergy on freehold who do not opt to move to Common Tenure, will retain the rights currently applicable to them.

   
   
2. What are the benefits of Common Tenure?
   
   The main benefits are:
   • Rights and responsibilities improved and clarified by a Statement of Particulars that sets out the main terms of office. Terms that are in accordance with current best practice. The expectations of the individual cleric and parish are managed and realistic through a Role Description and clarity and information is provided through a Handbook.
   • Supportive procedures to resolve difficulties (a grievance procedure) and a capability procedure that is a fair and effective way of addressing the problem of those few clergy who are failing to perform to a minimum standard.
   • Improved protection and job security for all clergy. Supportive procedures with an informal and formal stages and the right to appeal as a last resort to Employment Tribunals if removed from office on grounds of capability.
   • Requirement to participate in Ministerial Development Review and Continuing Ministerial Education. MDR is a way of helping clergy see what is achievable and how it can be done, and clarifying what can reasonably be expected of them. MDR and CME has an important role to play in supporting a cleric to flourish in their ministry. Your wellbeing is very important to the duty of care that the Diocese has to you.
   • Common tenure preserves the office holder status of the clergy so that the existing and traditional relationships between priest and people, and priest and Bishop are preserved.
   • There is greater protection for all office holders who can only be removed from office through the discipline and capability procedures or the operation of the pastoral measure. If the post is in one of the limited categories of fixed term or limited appointments it will come to an end at the end of the term. If an office holder felt they were unfairly removed from office they will have right to appeal to an Employment Tribunal.
   
   
3. What is "Qualified Common Tenure?
   Under Regulation 29, it is possible to have fixed term and time limited appointments but there are only a small number of circumstances when this will be possible. These are:
   • Where the post is intended to provide temporary cover for another office holder`s authorised absence from work (for example maternity leave);
   • Where the post holder is over the retirement age of 70 years;
   • Where the post is designated as a training post;
   • Where the post is designated as a probationary post designed to facilitate re-entry into ministry following a period of absence;
   • Where the post is subject to sponsorship funding;
   • Where the office is created by a Bishop's Mission Order under the Dioceses, Pastoral or Mission Measure;
   • Where the post is designated as held in conjunction with another office or employment, which comes to an end;
   • Where the post is held by someone with limited leave to remain in the UK;
   • Where an Assistant Curate who is not in sole or principal charge of the parish he or she serves occupies a post which is designated as a Locally Supported Ministry post, the PCC has entered into a legally binding agreement with the DBF to meet all costs, including stipend, expenses, pension, housing and the office holder, Bishop and PCC have all given their consent in writing.
   
   
4. Can I be made redundant?
   The only mechanism for making clergy office holders "redundant", as is the case now, is through pastoral reorganisation. The legislation extends the right to be consulted on any pastoral scheme to all office holders under common tenure in receipt of a stipend or housing who would potentially be affected by the scheme. Under common tenure, priests in charge will be eligible for the first time to receive compensation for loss of office if they are displaced as a result of pastoral reorganisation.

In certain specified cases it will be possible for an appointment o be held for a fixed term under Regulation 29 (see question 3 above). The termination of such an appointment at the end of the fixed term will not amount to redundancy and will not carry out right to compensation.

The legislation is to come into effect on 31st January 2011 and that is when all the relevant paperwork will be issued to appropriate individual office holders.

Sarah Carruthers
Human Resources Adviser (scarruthers@diocant.org) or 01227 459401 (part time Wed - Friday).