9.1 Retirement
Section 3 (10) of the EO(ToS) Measure 2009 extends the provisions of the Ecclesiastical Offices (Age Limit) Measure 1975 to all office holders on Common Tenure. This means that all such office holders must retire from the office they then hold on attaining the age of 70, subject to the powers contained in the 1975 Measure in relation to certain specified offices, which permit an archbishop or bishop to extend the term of office for a limited period (up to one year for bishops, deans, residentiary canons and archdeacons and up to two years for incumbents and team vicars).
However, under Regulation 29(1) (b) a person over the age of 70 may be appointed to a Common Tenure office under licence, on either a full or part-time basis, for a fixed or limited term which may be renewed or extended. The purpose of this provision is to enable those who wish to continue, and are capable of continuing, to work beyond the age of 70 to do so provided the bishop also wishes them to continue, but with an inbuilt mechanism to enable both the bishop and the office holder to review the position at stated intervals.
Clergy are asked not to purchase or rent properties in the benefice they are retiring from.
9.2 Redundancy
The only mechanism for making clergy office holders ‘redundant’ is through pastoral re-organisation. 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 are eligible to receive compensation for loss of office if they are displaced as a result of pastoral re-organisation.
In certain specified cases, it will be possible for an appointment to be held for a fixed term under Regulation 29. The termination of such an appointment at the end of the fixed term will not amount to redundancy and will not carry any right to compensation.
9.3 Dismissal
Those holding office on Common Tenure are only able to be removed from office through the discipline or capability procedures, or the operation of the Pastoral Measure. If the post is in one of the limited categories of fixed or limited term appointments under Regulation 29, it will cease at the end of the term.
An office holder does not have the right to claim constructive dismissal. The concept of constructive dismissal in law depends upon the existence of a contract of employment the terms of which have been breached by the employer. Office holders under Common Tenure do not serve under a contract of employment.
9.4 Appeals
Office holders will have the right to appeal to an Employment Tribunal if removed from office after a capability procedure. The existing rights under the Pastoral Measure to appeal against a pastoral scheme also remain in force.