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Employment Tribunals

  1. In what circumstances will clergy be able to appeal against unfair dismissal?

  2. Why is it not possible for the Church to provide its own tribunals?

  3. Is it true that the DBF will be responsible for making a compensation payment as a result of actions by people over whom it had no control (e.g. the bishops and/or patron)?

 

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1. In what circumstances will clergy be able to appeal against unfair dismissal?

We agree that clergy should have the right to appeal against unfair dismissal to an Employment Tribunal after a capability procedure. It may not be appropriate if there are already other adequate safeguards in place (for example where there is an existing right under the Pastoral Measure to appeal against a pastoral scheme). 

 

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2. Why is it not possible for the Church to provide its own tribunals for hearing unfair dismissal cases instead of using Employment Tribunals?

We believe it is right that in these extreme cases individuals can rely on being heard by a tribunal that is clearly independent and made up of professionals who are expert in assessing unfair dismissal claims. The Dean of the Arches has advised that it would be difficult to produce an acceptable internal alternative. Church tribunals would be extremely expensive and it would be difficult to persuade the Government that they were genuinely independent.

 

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3. Is it true that the DBF will be responsible for making a compensation payment as a result of actions by people over whom it had no control (e.g. the bishop and/or patron)?

In any case brought before an Employment Tribunal there is a need for a “respondent” and this is usually the employer.  For clergy under Common Tenure there will be no employer but there will still be a need for a “respondent” and the DBF has been identified as the most appropriate body to undertake this role (except in the case of cathedral clergy where the Chapter will act as respondent.  Obviously, this does make the DBF liable for awards that arise from the actions of others, including patrons and bishops, over whom they have no direct control.  It will be particularly important for bishops to liaise with their DBFs about any decision that may have financial liability implications.

 

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