1.1 Statement of Particulars
Whenever a new appointment is made, regardless of whether the individual is coming into the diocese from another, or moving within the diocese, a new Statement of Particulars will be issued for agreement.
A Statement of Particulars sets out the terms and conditions on which the appointment is to be made, and will include:
- The details of the entitlement to stipend, fees, and reimbursement of expenses
- Terms and conditions relating to rest periods and holidays (including annual holiday entitlement, Sundays on which leave may be taken, and the public and special leave days on which leave may not be taken)
- Terms and conditions relating to sickness absence and long term absence
- Pension provision
- Statutory rights (including maternity, paternity, parental and adoption leave)
- Right to time off to care for dependents
- An itemised monthly stipend statement
- Links to the processes, guidelines and policies which underpin the roles and responsibilities of clergy within the diocese
Any queries relating to the Statement should be discussed in the first instance with the Chief Executive Officer.
1.2 Varieties of Tenure
Freehold
At present some clergy ‘own’ their offices as a piece of property.
No clergy currently in freehold appointments will have the freehold taken away from them, though they could opt to transfer to the new system. All future appointments to what are now freehold posts will be on the new basis of common tenure (whether or not the priest appointed had the freehold in his or her previous post), unless the post is transferred under pastoral re-organisation.
Common Tenure
One of the most important principles is that clergy and stipendiary lay ministers should, as far as possible, hold office on terms and conditions that are common to all.
Under Common Tenure, clergy have had their rights and responsibilities improved and clarified, so that they end up with terms of service that are in accord with current best practice.
1.3 Fixed-Term Appointments - Regulation 29
Under the Terms of Service Measure, clergy appointments may only be made on a fixed term basis on the following basis:
- Those on a short or medium term appointment covering sickness or other reason for another post holder’s absence from work
- Clergy who are over 70 years old
- Posts designated as training posts
- Posts with designated sponsorship funding
- Posts created by a Bishop’s Mission Order under the Dioceses, Pastoral and Mission Measure 2007
- Posts designated as probationary posts
- Posts designated as being held in connection or conjunction with another office or employment
- Posts held by someone with limited leave to remain in the UK
- Posts designated as a locally supported ministry
- Posts designated as an interim post, when there are good reasons for not making it permanent.
In all cases of fixed term appointments, the candidate will be made aware from the outset of the reasons for the fixed term nature of the appointment, of their rights at the end of the appointment, and of the responsibility of the diocese.
Appointment Status
Under secular employment law the fixed-term individuals (Prevention of Less Favourable Treatment) Regulations (2002) ensures that ALL on Fixed Term contracts have clear rights and the diocese extends these rights to all its Fixed Term clergy.
Fixed Term clergy must not be treated less favourably than comparable permanent clergy on the grounds that they are only licensed on a fixed term basis, unless this can be objectively justified.
It is therefore important that Fixed Term appointments are used appropriately. Fixed Term contracts will always have a specific end date.
No notice period is required for a Fixed Term appointment when it is running to the initial set date. However prior to the end of a post the Chief Executive Officer will be in touch with the individual concerned to offer appropriate HR support such as CV help, interview skills etc.
All Statement of Particulars, offer letters and correspondence sent out by/on behalf of the Bishop will clarify that there should be no expectation of the renewal of a contract at the end of the fixed term period.
Recruiting to a Fixed Term post
Candidates for clergy appointments must be made aware of, and show that they understand, that the post is a Fixed Term post, the duration of the Fixed term post, and the reason(s) why, together with any appointments in place where a post is covering for a permanent member of clergy.
Fixed Term Regulations require employers to offer access to the occupational pension scheme on the same basis as permanent individuals. This is no different for part time clergy as all clergy, full or part time, are automatically entered into the Church of England Funded Clergy Pensions Scheme.
Reviewing or Extending Fixed Term Contracts
Where a Fixed Term appointment is to be extended, this will be for a further defined period, with the reasons and the new date explained and agreed.
Where there is funding or other agreement for a post to be made permanent (this does not apply to a curacy role), and the individual in the current Fixed Term post has proved satisfactory for a minimum of two years, the post may be made permanent.
Ending a Fixed Term Contract (for reasons not related to pastoral reorganisation*)
Whilst a Fixed Term appointment can be ended at the end of its original set date, ALL expiries or non-renewals for Fixed Term contracts are regarded in law as `dismissal’ and so in order to end the appointment it is necessary for there to be a clear and justifiable reason for the non-renewal of the contract e.g. where the work comes to an end OR where someone on maternity leave is to return to work. Failure to follow the statutory process (below) may render such a dismissal automatically unfair.
The process for formally dismissing a member of clergy on the expiry/non-renewal of a Fixed Term contract follows the Statutory Disciplinary and Dismissal Procedure:
- The member of clergy should be consulted about the proposal to terminate with reason(s).
- The Bishop offers the individual the opportunity to attend a consultation meeting conducted by an Archdeacon (at which the individual has the right to be accompanied by an appropriate clergy colleague, or union representative) where the proposal and reasons for the termination are given. Other issues may also be discussed e.g. redundancy payment. At the end of this meeting the individual should be formally informed of the decision and that they have the right of appeal against the decision prior to the expiry of the contract – an appeal must be sent to the Chief Executive Officer within 5 working days of the termination being confirmed.
- The Chief Executive Officer will arrange for the Bishop to hear/chair the Appeal. The individual may again be represented. Following this meeting the final decision will be confirmed by the Bishop within 5 working days.
The diocese has an obligation to both inform Fixed Term clergy of any permanent vacancies as their appointment progresses, and to advise them of any 'suitable alternative’ posts that may be available. If there is genuinely none available and the dismissal process has been followed carefully the appointment will terminate.
*Where a post or posts are potentially at risk of redundancy through a Pastoral Scheme, the process will be followed as set out in the Pastoral Measure 1983.
Where a clergy Fixed Term appointment is on maternity leave
The procedure for ending a Fixed Term appointment where the individual is on maternity leave is no different for an individual who is at work. (The decision here to terminate MUST NOT be for reasons linked to the maternity as this would amount to direct sex discrimination).
NB there is no entitlement for redundancy payments for those covering maternity leave as the work will continue.
Fixed Term Notice Periods
If the appointment is to terminate on the specified date, the process for notification/consultation and decision/appeal, should begin one month before the end date.
If the appointment is to terminate earlier, then the appropriate statutory or contractual notice must be given.
Fixed Term Redundancy
An individual in a Fixed Term role will only be entitled to a redundancy payment at the expiry/non-renewal of a Fixed Term contract if:
- they have 2 years continuous service
- they meet the statutory definition of redundancy (i.e. where the requirements to carry out work of a particular kind has ceased or diminished.)
Rights for the individual
In line with the Regulations, any member of clergy who believes they are being less favourably treated has the right to ask for a written statement setting out the reasons for the treatment they believe has occurred – the Archdeacon must reply within 21 days. Advice should be sought from the CEO.
1.4 Medical Clearance
Pre-employment medicals may be undertaken only after an offer of an appointment has been made.
1.5 Proof of Right To Work
In accordance with the amendment to the Immigration, Asylum, and Nationality Act 2006, effective from February 29th 2008, you are required to provide proof of the Right to Work in the UK.
1.6 Disclosure and Barring Service (DBS)
The Diocese of Lichfield is committed to safeguarding and promoting the safety and welfare of children, young people and vulnerable adults. Prior to completion of the formal DBS Disclosure form, a Declaration of Confidentiality form will need to be completed. This will be issued by the Bishop’s Office.
If you are successful in obtaining a post with the Diocese of Lichfield and it requires an Enhanced Disclosure this will be paid for by the diocese. Refusal to do so would prevent further consideration of your application. Any information received from the DBS should be shared with the employer and will be treated in the strictest confidence. We also require proof of satisfactory completion of the appropriate level of Safeguarding training before confirmation of appointment.
1.7 Induction
After the institution or collation of a newly appointed incumbent by the Bishop, giving the individual charge of the ‘care of souls’, and of which notice must be given at least one month earlier, the priest is inducted in his/her parish by the Archdeacon and thus given possession of the temporalities of the parish.
1.8 Job/Role Induction
A comprehensive (job) Induction programme will be in place for the first six months following appointment. A review will be undertaken after these six months to check progress and to address any concerns or issues.
1.9 Licence/Deed of Appointment
The licence is the bishop’s authority to the office holder to exercise his or her ministry under Canon C8. The licence and the Statement of Particulars need to be consistent with one another – for example, in the details of the name of the office holder and the title of the benefice, if applicable. It will not always be necessary to issue a new licence immediately after an office holder transfers to Common Tenure – the authority conferred by the existing licence will continue until the expiry of any time limit stated on the licence, at which point it can be renewed either on an open-ended basis or, if the office holder is holding a time-limited Common Tenure post under Regulation 29 of the Measure, for the period applicable to that post.
1.10 Role Descriptions
A role description describes and sets out the expectations relating to a particular role at the time of writing. It describes what the role holder is required to do to carry out the role effectively and can be used for a variety of purposes:
- to provide a clear description of the role for applicants and those involved in the appointments process
- to clarify roles and responsibilities for existing role holders
- to inform training and development needs
- to inform Ministerial Development Review
A role description is a technical document and is a fundamental part of the appointments process. You are strongly advised to contact your Archdeacon to ensure that the completed role description complies with best practice. If the role description is to fulfil its purpose, it will need to command the support of the parish.
1.11 Person Specifications
Person specifications support the process of discernment through which candidates, patrons, parish representatives and others involved in the appointment process discover whether someone has been called by God to serve in a particular place by
- focussing on the attributes that are essential to carry out the duties of the post
- listing the qualities and skills that will enable someone to carry out the duties of the post to a good standard
- and
- avoiding unnecessary assumptions that might deter good candidates.
The person specification
- describes the skills and knowledge and experience which a person will need to have, or be able to acquire, in order to do the job well uses explicit terms
- avoids subjective or irrelevant criteria.