Clergy Terms of Service

BISHOP’S TRAINING DAY FOR CLERGY

An opportunity to hear about and ask questions on the new Clergy Terms of Service legislation and to contribute to the development of Diocesan implementation plans.

The Employment Status of the Clergy

Parochial clergy in the Church of England

are treated in law as office holders, not

employees.Why? No contract No easily identifiable employer

In many ways this is right as it properly reflects the nature of ministry

BUT…… It does lead to a serious disparity

between freeholders and others

The historical context

The medieval church 19th century reform 1963 – Paul report

Recent Developments

2000: Ray Owen’s case 2002: Government consultation Archbishops’ Council set up review

group 31 January 2011 – Implementation

of new legislation

Common Tenure; an overview

Will eventually apply to all beneficed and licensed clergy

Underlying principles: parity and clarity Preserves office holder status whilst

conferring ‘employment’ rights Seeks to secure proper balance between

security, independence and accountability

Common Tenure; the detail

The new arrangements detailed in thelaw will automatically cover: Team Vicar, Priest in Charge appointments, fixed term appointments (such as

Assistant Curates and House for Duty clergy),

non-stipendiary ministers, canonically licensed lay workers in

receipt of stipend and/or housing and all new appointments made

after the legislation comes into effect

The Bishop will write to those with freehold, asking them to indicate whether or not they agree to the application of the Measure to them.

If they do not, they will continue to hold their freehold on all its existing terms.

If, or when, they move to another post the new arrangements will automatically apply

The rights conferredAll clergy automatically covered, and freeholders

who agree to the application of the Measure, will be

given a statement of particulars which will confirm;

their entitlement to stipend, fees and reimbursement of expenses;

the terms and conditions relating to their rest periods, holidays, sickness and absence, and pension provision;

their rights to paternity/parental/ maternity/adoption leave/care for dependants; their right to an itemised monthly stipend

statement, where appropriate their right to protection against unfair

dismissal and the right of appeal to an employment tribunal in cases of capability dismissal;

their right of access to a grievance procedure

In addition, the Statement will also confirm:

the entitlement and requirement to undertake appropriate continuing ministerial development;

the entitlement and requirement to participate in ministerial development review at least once every two years;

the requirement to be subject to a capability procedure

Clergy holding Freehold – the differences:

Clergy retaining freehold will have no:

clear statement detailing rights, duties and responsibilities

right to appeal to an Employment Tribunal

access to a grievance procedure

requirement to be subject to the capability procedure (but will still be subject to the Clergy Discipline Measure 2003)

legal entitlement or requirement for Continuing Ministerial Development

legal entitlement or requirement for Ministerial Development Review

PROGRESS IN PORTSMOUTH

DOCUMENT TEMPLATES

Role descriptions Statement of Particulars Clergy handbook

COMMUNICATION

Diocesan Synod and Pompey Chimes Clergy chapter meetings Bishops’ letters Clergy Terms Of Service section on the

Diocesan Website Information Leaflet for Archdeacons’

Visitations

FUTURE PLANS Summer 2010 – preparation of draft

statements for those automatically transferring

Autumn 2010/January 2011 – issuing of the draft statements by Archdeacons with individual consultations

31 January 2011 – finalised statements issued by the Bishop’s nominated officers (the Archdeacons)

Spring 2011 – For those clergy currently with freehold the Bishop will write, requesting them to indicate whether or not they agree to the application of the Measure to them

ANY OTHER COMMUNICATION REQUIREMENTS?

MDR

MinistryDevelopmentReview

Why?

Who?

What?

How?

When?

WHY?

Support(Looking at me)

Enhancement(Looking at my role)

Development(Looking at me and my role in the future)

WHO?(for whom?) Offered to all

Required for those under Common Tenure

Episcopally led

Reviewer

Other contributors

WHAT?

A guided discussion looking back looking around looking ahead

Setting objectives and areas for development

WHAT?

Affirmation & encouragement Accountability & challenge

Focussed on Role Description

HOW?

Reflection

Preparation using the form

asking for feedback

The review meeting

HOW?

Training needs

Summary sheet

Record of the review

Training follow-up

WHEN?

Target is for:

3 reviews within 4 years

2 with an Archdeacon

1 with the Bishop

MDR

CMD

Continuing Ministerial Development

Development for ministers

in selves

in role

in long-term momentum

Style and purpose

‘ ..about the whole person in their ministerial context far more than about ‘training’ in the narrow sense.’

Benedictine ‘balance’

Spiritual, cerebral and skilful elements

CMD in CTS

Clergy - duty to participate

Bishop – duty to ‘use all reasonable endeavours’ to

ensure suitable provision of appropriate CMD

Principles

Learning opportunities to be linked to MDR review outcomes

Training provision to be linked to diocesan strategic priorities

Emphasis on ‘transitional points’

Possibilities

Customised programme out of MDR Courses and training events in

diocese Training events from other agencies Bishop’s training days Extended study leave HE qualification courses Diocesan conferences

CMD

The Eucharist will be in the Cathedral