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The Group's Work

  1. Why are we doing this?

  2. What are the main Recommendations?

  3. What consultation has there been about these proposals?

 

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1. Why are we doing this?

This is an historic opportunity for the Church to clarify the rights and responsibilities of clergy and improve their terms and conditions in line with best current practice. If we don’t take this opportunity, the bottom line is that the Government may impose legislation on the Church, as it has powers to give the rights of employees to those in work who are not employees (including clergy, most of whom are office holders). These reforms are all about providing a level playing field for all clergy and ensuring that they have good terms and conditions 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 clergy who currently have time-limited posts and no job security.

 

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2.  What are the Main Recommendations?

In future, almost all trained clergy will have security of tenure and it will only be possible to dismiss them in extreme circumstances, such as committing a disciplinary offence, or following the completion of a capability procedure, which comes with many built in safeguards. This is very much in line with best practice outside the Church.

The Group’s recommendations are for a package of new rights and responsibilities for clergy including:

  • Legal entitlement to rights equivalent to those contained in section 23 of the Employment Relations Act 1999;
  • Access to Employment Tribunals to claim unfair dismissal;
  • A new form of tenure, known as ‘Common Tenure’, under which appointments would normally be made until retirement age;
  • Restricting the use of fixed term appointments;
  • New Clergy Terms of Service Regulations, which would clarify the general responsibilities of clergy;
  • A requirement (i) on all clergy to participate in Ministerial Development Review schemes in order to support the development of individuals and their ministry and (ii) on bishops to ensure that diocesan Ministerial Development Review schemes are properly carried out;
  • Putting in place proper mechanisms to encourage good practice and to foster deeper relations of trust and partnership, including the provision of:
        o       Professional human resources advice;
        o       Appropriate training for bishops and archdeacons;
        o       Clarifying the local responsibilities of clergy to prevent unrealistic expectations;
        o       Retaining the office holder status of clergy and conferring the appropriate rights and responsibilities by means of Church legislation;
        o       A clear framework for personal development and support.
  • A capability procedure to be invoked if clergy are failing to reach minimum standards.

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3. What consultation has there been about these proposals?

We have consulted extensively about our work, and have received a large number of written submissions which we have considered carefully. Our recommendations were debated by the General Synod in February 2004 and February 2005, when they were generally welcomed, with the exception of some of those on property ownership, about which Synod expressed reservations. The Implementation Group’s first Report (GS1593) The Property Issues Revisited – which took into account the reservations expressed during the 2005 debate - was debated in November 2005, when the Synod welcomed the recommendations in the Report and requested the Implementation Group to reflect them in the draft legislation which we are preparing.

As well as nationally, discussions have taken place in groups representing Chairs of diocesan Houses of Clergy and diocesan secretaries, in Diocesan Synods (sometimes with separate meetings of one or more Houses and in some dioceses at Deanery Synod level) Bishop’s Councils and relevant diocesan committees.

The draft Ecclesiastical Offices (Terms of Service) Measure and associated draft legislation was considered in detail by the Synod at Revision Stage at the February Group of Sessions this year. Proposals to change the traditional clergy freehold to enable parsonages to be vested in diocesan parsonages boards had been the subject of a number of representations by Synod members and others to the Revision Committee. Following debate, during which members made clear their opposition to such plans, an amendment overturning these proposals was carried, but other aspects of the legislation were approved. The draft Measure as amended was committed by the Synod for final drafting. The draft Measure will come back to Synod for final approval in July.

 

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