Diocese of Exeter Clergy Terms of Service Clergy Handbook

Transcription

1 1 Diocese of Exeter Clergy Terms of Service Clergy Handbook A Message from the Archdeacons: This handbook has been written to try to help you to understand all the ins and outs of the new regulations associated with the introduction of Common Tenure. It is laid out in the same order as your Statement of Particulars (SoP), so that if you find something you do not understand in your SoP, you should first look at the paragraph(s) with the same number as the troublesome clause in the SoP. There is also an alphabetical index at the back to assist you. We have tried to cover everything that may be of concern to you but you may still have questions. Please ask us if we do not know, we will find someone who does. This Handbook provides information additional to the Statement of Particulars issued for each office you hold and should be read in conjunction with the Statement. For details associated with your ministry, you should consult the Bishop s Guidelines also in this folder. Common Tenure Appointments- Overview From February 2011 the Terms of Service legislation confers a new form of tenure on clergy, called Common Tenure. This automatically covers team vicars, priests in charge, assistant curates, fixed term appointments, 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. Under the 1 Ecclesiastical Offices (Terms of Service) Regulations 2010 (also referred to as Clergy Terms of Service Regulations (or the Regulations ) all clergy, on appointment to an office under Common Tenure must each be issued with a Statement of Particulars. Thus, those clergy on common tenure will have a SoP which sets out the matters relating to the general day to day aspects of their appointment and indicates all rights and responsibilities related to their appointment. This Handbook - Introduction This Handbook is intended to help you to understand, and to give advice and guidance on, your SoP. It provides notes and information on each clause of the Statement of 1 Also Ecclesiastical Offices (Terms of Service) Measure 2009

2 2 Particulars (SoP) issued to you on your appointment under Common Tenure. The Handbook sections are numbered in the same way as the clauses in your SoP so that you can cross reference between the two. It also contains the additional information referred to in the SoP that may be required to assist you in understanding the Statement and your position - more fully. It should also help you to understand your appointment as office-holder on Common Tenure as defined in the Regulations. Copies of the Clergy (Terms of Service) Regulations are available on-line at Hard copies (on paper) may also be obtained from the Diocesan Office in Exeter. Nominated Officers In each Diocese, the Bishop has been required to nominate diocesan officer(s) responsible for agreeing and issuing Statements of Particulars, overseeing the implementation of common tenure and administration of the regulations and the Ecclesiastical Offices (Terms of Service) Measure 2009 ( the measure ). In the Diocese of Exeter, the nominated officers are the Archdeacons; your SoP will therefore be signed by and issued to you by your Archdeacon. Should you have any queries or concerns, you should seek advice and assistance from that Archdeacon in the first instance. The Archdeacon also has access to a professional Human Resources Advisor, who may be able to assist. Role Description In this folder you will find a generic Role Description. Based on the ordinal, which applies to you. You will also (in due course) be issued with a specific Role Description for the office(s) you hold in the Diocese. If you have already been in post for some time, for a time your role description will be the generic Diocesan Role Description in this folder. Any details that are needed to define your specific role, in your particular office/parish/ benefice (for example from your parish profile) will be added in consultation with you over the next few months/year. If yours is a new appointment, you will also have a Role Description based on the Parish Profile etc that were put together as part of your appointment process.

3 3 Diocese of Exeter: Clergy Terms of Service Clergy Handbook This Handbook provides information additional to the Statement of Particulars and should be read in conjunction with that Statement. CONTENTS Page 1. Appointment and office 4 2. Stipend 5 3. Parochial Fees 6 4. Expenses 7 5. Housing 7 6. Ministerial Development Reviews (MDR) 9 7. Continuing Ministerial Education (CME) Rest Periods, Annual Leave and Time Off 11 Annual Leave 12 Special Leave 12 Maternity / Paternity, Paternal and Adoption Leave. 13 Time off for Public Duties 14 Retreats and Spiritual Nurture Sickness Pension Termination Disciplinary Procedures Capability Procedures Grievance Procedure Respondent in Employment Tribunal Proceedings Informal Support or Conversation 21 Alphabetical index 24 Forms for notifying leave 27

4 4 Diocese of Exeter: Clergy Terms of Service Clergy Handbook Statement of Particulars Clause by clause This Handbook provides information additional to the Statement of Particulars (SoP) and should be read in conjunction with that Statement. 1 Appointment and Office(s) The first clause in the Statement of Particulars simply records that the Statement is issued by the Archdeacon - the person nominated by the Bishop. Office The clause explains that your Statement of Particulars is unique to you. Your name and the office(s) or post(s) which you hold (or will hold) are recorded along with the date on which the SoP is issued. Should you require any further information, you should consult the Archdeacon, your licence/ deed of appointment, any role description that has been agreed and the Guidelines for the Professional Conduct of the Clergy. Details regarding rights and responsibilities of office for all clergy may be found in The Ordinal. In addition, it should be noted that all clergy, regardless of their form of tenure, are subject to the provisions contained within the Canons, the Clergy Discipline Measure, the current law related to patronage, the appointments procedure and anti-discrimination legislation (apart from the specific exemptions granted). More than one office/post If you hold more than one office or post (for any reason) it is probable that (under Canon / Ecclesiastical Law) these posts are separate. In this case we are required to issue a separate SoP for each post. Very often however, such posts are all held on the same terms and conditions and to avoid unnecessary paperwork, these separate SoPs may have been issued as a single document. If your SoP states Statement of Particulars: One of two held these have been issued as separate SoPs.

5 5 Effective dates There are two effective dates; the first is the date from when you were first appointed to the post in question. If yours is not a new post (to which you have just been appointed) the date in this section is that of your first appointment to that post. The second date is that on which your new terms under common tenure will become/became effective. Regulations Clauses in the SoP refer to the Regulations and to this Handbook. If you would like to consult the original Regulations, a copy of the Ecclesiastical Offices (Terms of Service) Regulations 2010 is available at or from the Diocesan Office. 2 Stipend: This clause records the nature of the post you hold and the stipend to which you are entitled, how payments are calculated and who is responsible for the payment of your stipend. The National Minimum Stipend (NMS) is calculated and set by the Central Stipend Authority (CSA). All clergy under Common Tenure are legally entitled to receive at least the NMS. The Diocese sets other stipend rates, guided by National and Regional Stipends benchmarks also provided by the CSA. The stipend for part stipendiary clergy is calculated separately. All stipendiary clergy are required to complete an annual income and expenditure return (forms PSA/PUN or PSA/PUB) each year, for use by the Diocese and Payroll services. Additional income arising from the ordinary course of the Office should be declared on your PUN form and will form part of the augmentation (i.e. will be deducted from the amount financed by the Exeter Diocesan Board of Finance (DBF)). If you have any doubt about what constitutes additional income please consult the Diocesan office The Diocesan Office uses the information on these forms to calculate the following year s level of payment and to give instructions to Payroll services. It is helpful if the form can be returned via the Diocesan Office as soon as possible after each 1st April. Further information may be found in the booklet Your Stipend which may be accessed from the Diocesan office or For the purposes of National Insurance only, clergy are treated as being of employed status. Employee contributions are deducted from stipend payments each month alongside pay as you earn tax deductions. Employer s contributions are paid by the diocese.

6 6 If your post is stipendiary If your post is stipendiary this clause in your SoP simply records this fact and states that you are entitled to a stipend. The sum actually paid in twelve monthly payments is the Stipend (or DSF) Augmentation, which is the net amount paid after certain sums have been taken into account (as above). Full stipends are equal to or greater than the National Minimum Stipend (as quoted). They comprise Diocesan (or Cathedral) Stipend Fund Augmentation and (in increasingly few instances) Guaranteed Annuity or other grants paid monthly through the Church Commissioners, plus assessable local income (such as non-assigned fees) in accordance with the recommendations of the Central Stipends Authority of the Archbishops Council. If you require further details on this, you should contact the appropriate officer at the Diocesan Office. If your post is part-stipendiary: If yours is a part-stipendiary post you will be entitled to a pro-rata stipend equal to a percentage of a full stipend paid and the sum paid is calculated as above (pro rata). Payments of stipend or DSF Augmentation are paid, as for full stipends (above). If your post is not stipendiary: If your post is not stipendiary, this clause records that you are self-supporting and not entitled to receive a stipend. 3 Parochial Fees This clause in your SoP records your entitlement to and (if appropriate) your agreement with regards to Parochial Fees. It also informs you that you are required to report all fees you receive to the DBF. There has been no change in this requirement following the implementation of the regulations and it is very important that you do so, to enable correct calculation and payment of your stipend augmentation. Fees from weddings and funerals, etc. form part of the stipend. If an assistant earns fees these will also form part of the Incumbent s / Priest-in Charge s stipend. The Incumbent / Priest-in-Charge may choose to receive the money (fees) directly in which case he/she must declare the total fee income for the year on the annual income/expenditure return issued by Payroll services. Alternatively, the Incumbent / Priest-in-Charge may choose to assign the fee income to the DBF. If the latter is chosen he/she must enter into an agreement with the DBF. The PCC Treasurer will be asked to retain the fee income on behalf of the Incumbent/Priest-in-Charge and pay it over to the DBF on a quarterly basis. It will then be credited to the Diocesan Stipend Fund. The

7 7 incumbent/priest-in-charge will be paid an equivalent amount by Payroll services with the rest of the stipend. This avoids fluctuations in monthly income which many clergy find difficult. Non-stipendiary Ministers and Readers do not receive fees, but should be fully reimbursed for travelling expenses and all reasonable working expenses. 4 Expenses Parishes are responsible for the reimbursement of the proper parochial expenses incurred on their behalf by their parochial clergy and other licensed and accredited staff. These sums do not form part of the stipend calculation but the level of stipend presupposes full reimbursement of these expenses This clause records your entitlement to reimbursement of expenses from your Parochial Church Council(s) (PCC) (or Cathedral or other body as appropriate to this office). There has been no change in this following the implementation of the regulations and previous guidelines on expenses issued by the Diocese continue to apply. 5 Housing If you are an incumbent and occupy a parsonage house for the better performance of your duties, the property is vested in you. The parsonages measures 1938 and 1947 (as revised) apply to this house. In addition, the repair of Benefice Buildings Measure 1972 sets out the duties of the Parsonage Board, the need for periodic inspection and the duty of the Board to carry out repairs as specified in the diocesan surveyor s report and to insure the house. There has been no change in this following the implementation of the regulations and this clause records this fact. A complete copy of the Repair of Benefice Buildings Measure (summarised below) can be found on-line at or is available from the Diocesan Office. If you occupy a Glebe Team Vicarage or Glebe House for the better performance of your duties, the Endowments and Glebe Measure 1976 (as revised) applies. The Board s current policy in relation to the care and maintenance of all housing provided by clergy is that it adopts the spirit of the obligations set out in the repair of Benefice Buildings Measure 1972, including undertaking quinquennial inspections and repairs and complying with the insurance obligations, irrespective of the legal status of the house. If you do not occupy a parsonage house (have a dispensation) this records the agreement that you may occupy another house and any consequences that attach to this. If the parsonage house that you would have inhabited is let to another, the term of this let may also be recorded in this clause.

8 8 The Repair of Benefice Buildings Measure 1972 is summarised below and sets out the duties of the Parsonage Board, the need for periodic inspection and the Duty of Board to carry out repairs as specified in the Diocesan Surveyor s report and to insure the house. There has been no change to this following the implementation of Common Tenure (the Regulations) and this clause records this fact. The Repair of Benefice Buildings Measure 1972 may be summarised as follows: Duties of the relevant housing provider: to repair the structure and exterior of the buildings of the property, including windows, doors, drains, gutters and external pipes to repair all relevant walls, fences, gates, drives and drains of the property to repair and keep in proper working order installations related to; the supply of water, gas and electricity; sanitation; space heating or heating water to arrange for a qualified surveyor to inspect the property at least every five years and submit a report describing its state and condition to send the office holder a copy of this report and after consultation carry out within a reasonable time frame any appropriate repairs to pay the council tax to insure the property against all risks related to buildings Duties of the office holder: to permit the officers acting for the committee to enter the property after giving reasonable notice; in order to inspect or carry out repairs or for another reasonable purpose consistent with its powers and obligations to keep the property and contents provided clean and free from deterioration to keep any garden or other grounds belonging to the property in a good state of upkeep to notify the committee of any repairs required as soon as possible to pay the whole or part of any repairs which they are responsible for to use the property as a private residence for his or her household only and for any other purpose only as agreed by the committee or officers acting on its behalf not to make any repairs, alterations or additions to the property without the consent of the committee or officers acting on its behalf where the property is held on a lease, to observe any binding term, condition, or covenant to vacate the property within one month of either ceasing to hold office or changing office and to leave the property clean, tidy and clear of all personal possessions A complete copy of the Repair of Benefice Buildings Measure can be found on-line at or can be obtained from the diocesan office.

9 9 6 Ministerial Development Reviews (MDR) Purpose The Ministerial Development Review Guidance describes the purpose of MDR as follows: MDR facilitates a guided discussion framed around an office holder s ministry. The purpose of the review is to look back and reflect on what has happened over the last year or two of ministry and, informed by that, to look forward to plan, anticipate and develop a clearer vision for what lies ahead. In looking back there is an opportunity to acknowledge all there is to be thankful for and anything that is a matter for lament, and in looking forward to anticipate the changing demands of the role, identify future objectives and areas for potential development This clause in your SoP records a requirement that you must take part in Ministerial Development Reviews (MDR). Requirement to participate All clergy holding their office under Common Tenure will be required to participate in MDR. All other clergy, including those with freehold, are offered the opportunity to undertake regularly a Ministerial Development Review. For this, special reviewers are being appointed and trained. Ministerial Development Review provides a guided discussion for you which will be framed specifically around your ministry. The Diocese is setting up an MDR scheme and details will be provided to you. The purpose of the MDR review is to look back, reflect on what has happened over the last year or two, look forward, Plan, anticipate and develop a clearer vision for what lies ahead. MDR gives you an opportunity to acknowledge all there is to be thankful for and to anticipate the changing demands of your role and to explore areas for your development (see 7 below). The reviews will be set up by the Diocese and will be a three stage process: Reflection for you to reflect on the context of your ministry and role; Preparation to review the recent past and look ahead to the future; Discussion to hold a review discussion and record a summary of it. Details o MDR is episcopally led. However, the Bishop has delegated others to take some responsibility for undertaking this task and the review may be undertaken by the

10 10 o o o o o o office holder s Archdeacon. For all clergy reviews will take place as a minimum every two years. The Bishop will undertake one review in each four year cycle. Clergy in training, in their title post are subject to review and assessment as part of their initial training and will not participate in the standard diocesan MDR process. MDR must be take place at least once every two years. Written records deriving from the review process must be agreed and signed by the office holder and a copy given to them As part of the review, comment will be sought from those with and amongst whom clergy exercise their ministry, normally through written feedback from three representative persons having direct knowledge and experience of the reviewee s ministry. On-going training needs identified during MDR will be recorded and a copy of the form forwarded to the person(s) responsible for on-going ministerial development and education. Copies of the summary sheet completed at the end of the review will be held by the reviewee, Bishop and Archdeacon. Further details will be supplied to you as appropriate. 7 Continuing Ministerial Development (CMD) or Continuing Ministerial Education or (CME) Background Regular, focused and well-resourced in-service training is essential for the continuing personal and professional development and formation of the Church s ministers. The Clergy Terms of Service Regulations require that bishops ensure, as far as possible, that every office holder is afforded opportunities to participate in such education or training as is appropriate to their ministerial development. The Regulations also require office holders to participate in arrangements that are made for their continuing education. The Ministerial Development Review (MDR) meetings (as in clause 6 above) will result in an acknowledgement of areas in which you wish to receive on-going development and education referred to as Continuing Ministerial Development (CMD) or Education (CME). This clause in your statement records that you must take part in CMD (CME) arranged through the Director of CMD (or the Archdeacon s or diocesan office) when areas for development have been identified. Current recommendations (2009) from the Archbishop s Council Ministry Division about CMD include: An emphasis on specific provision for those at transitional points in ministry;

11 11 Ensuring that learning opportunities are linked to the outcomes of ministerial development reviews; Relating training provision for clergy s current and future development to the Diocese s strategic mission priorities; An appropriate balance between mandatory and discretionary training events. CMD be available to all who hold the Bishop s Licence up to the age of retirement. Range of opportunities IME 4-7 The range of CMD opportunities may include: Bishop s general training days; Diocesan conferences; Courses and training events arranged by the Diocese; Attendance at training events arranged by external agencies; Extended study leave; Courses leading to Higher Education qualifications; Individually customised training programmes related to MDR outcomes Clergy completing their initial training, following ordination, (IME years 4 7) are required to participate in a development programme specifically targeted for their needs, which supplements the training support provided by their training incumbents. 8 Rest Periods, Annual Leave and Time Off. All clergy are encouraged to take regular holiday breaks for the benefit of their health. It should, therefore, be normal custom for clergy to have a day off each week, and to take six weeks holiday each calendar year plus the usual Bank and Public holidays, adjusted pro-rata for part-time clergy Rest Periods This clause confirms your right to time off each week and a maximum work period each week. If yours is a stipendiary post, you will normally work be on duty for a maximum of 6 days a week. In the Exeter Diocese, this means working a maximum of 16 sessions, where a session is a morning, an afternoon or an evening. This scheme also entitles clerics to an additional day off per month. You are entitled to take a full day off each week, but this must not be on a Sunday or feast day. You will also have to be aware of the needs of your parish(es). It has always been difficult to define what we mean by work in the context of a priestly or diaconal vocation. That is why, in the Statement of Particulars there is a specific reference

12 12 to a rest period - time off from being on duty. It is not possible or helpful to attempt to develop a hard and fast definition but it seems right to point out that work periods also include time spent in studying, reading and sermon preparation as well as the public face of ministry. Annual Leave If you are full stipendiary and work a six day week, you are entitled to 36 days annual leave in each leave year, plus the usual Bank and Public Holidays. In the first year that you move onto common tenure you are entitled to a proportion of those 36 days, based on the number of months you work up to the next 31 st December /31 st March (the end of that leave year). The number of days will have been calculated and provided to you. For obvious reasons, the number of Sundays (or feast days) that you are permitted to be away from your parish(es) in any leave year is limited. The Bishop may grant dispensation in special circumstances, to allow you to miss a feast day. Since (as a result of these restrictions) you will miss some Public and Bank Holidays (e.g. Christmas Day and Good Friday) you are entitled to take other days off in lieu of the Bank Holiday entitlement in respect of Christmas Day and Good Friday. Recording your Leave: Office holders must report their absence to the responsible person within their Diocese as soon as is reasonably practicable. It is important that the Archdeacon is aware when you are away from your post. You are asked to inform the Archdeacon or the Diocesan Office every time you intend to take time (or have taken time) off for annual leave. There is a form at the back of this handbook that you should copy and send to the Diocesan Office the forms for notifying us of you intentions regarding taking leave are also available on-line. Please complete and send off a form as soon as you are aware of dates that you intend to take off. Special Leave The Bishop may grant you an additional period of special leave in particular circumstances. Special leave exists to support clergy when unforeseen emergencies arise particularly those related to children or dependents. A dependent may be someone who can reasonably be said to rely on the office holder for assistance Archdeacons have discretionary authority to grant special leave to clergy when they receive an application for such leave by telephone or on the form provided at the back of this handbook. Special leave is designed to support clergy when emergencies arise particularly those related to children or dependents. Clergy have the right to take reasonable time off work (up to a maximum of 10 days per year) to deal with an emergency involving a dependent. This leave is intended to cover genuine emergencies.

13 13 Applying for Special Leave For this, once again, you should complete the form (found at the back of this handbook and also on-line). You will need to advise of the reason for your proposed absence and how long you expect to be away from work. Any leave taken must be recorded on the office holder s personal file. Dependants A dependent is defined as the partner, child, or parent, or someone who lives with the office-holder as part of their family. In cases of illness, injury or where care arrangements break down, a dependent may also be someone who can reasonably be said to rely on the office holder for assistance; for instance a parent or grandparent who lives elsewhere but who relies on the office holder for assistance. The Diocese recognises that circumstances and the nature of relationships vary. Each case will be assessed individually and will be considered on its merits. Special leave will not be granted to deal with predictable domestic arrangements that could be accommodated using annual leave (for example regular childcare and childcare during the school holidays). Maternity / Paternity, Paternal and Adoption Leave. These entitlements apply to you unless specified otherwise in your Statement. You are entitled as appropriate to maternity, paternity, parental and adoption leave and leave to receive ante-natal care, and these are specified in clause 23 of the Regulations. [The details will be issued by the Archbishops Council] The regulations may be summarised as: The entitlements are similar to those given to employees under the appropriate employment law. An office holder is entitled to continue to receive stipend during this leave but the Diocese may impose conditions and requirements on the entitlement. Generally speaking, women are entitled to 26 weeks 'ordinary' maternity leave followed by a further 26 weeks unpaid leave. Men are entitled to two weeks paternity leave. The same paternity regulations apply when adopting children under five years old. In addition to maternity leave, either parent is entitled to take up to thirteen weeks unpaid leave in respect of each child (though not more than four weeks can be taken in any one year) a minimum of 21 days notice must be given.

14 14 Time off for Public Duties These entitlements apply to you unless specified otherwise in your Statement. Clergy are entitled to spend some time on public duties but this must be discussed in advance with the Archdeacon or the Bishop. Public duties include work done for a public authority, a court, a tribunal, charity or trade union. You are entitled to spend some time on public duties but this must be discussed with the Archdeacon or his/her representative. Your rights for such time off are specified in clause 23 of the Regulations. The time spent on public duties (other than the duties of your office) is subject to approval by the Archdeacon/Bishop and he/she will apply tests of reasonableness, as follows: Time spent must be reasonable in all circumstances, with regard to the time required for that duty, how much time you have already spent on (this or other) public duties. Consideration will also be taken of any remuneration that you would receive in connection with the duties of the office. Retreats and Spiritual Nurture Although this is not specifically covered by the Regulations or the Measure itself, it seemed right to stress the need for an annual retreat of a kind helpful to you. Also to affirm the very clear desirability of having someone with whom to walk the spiritual path. In some traditions such a person would be called a spiritual director, others will have a soul friend. There are many possibilities. Your archdeacon will be glad to point you towards someone who could help find what is right for you. 9 Sickness If you are unable to perform your duties because of sickness, you required to inform the Archdeacon or his/her representative and a form is attached at the back of this handbook. You are entitled to reasonable sick leave and your rights for such time off are specified in clause 27 of the Regulations which may be summarised as: If the sick leave lasts seven days or less, you must complete the Self-Certification form obtainable from the Diocesan Office. If the sick leave lasts more than seven days you must supply to the Archdeacon or nominated representative a Sickness Certificate signed by a GP or other medical practitioner You are required to make all reasonable endeavours to ensure that your duties are performed by another person during your absence.

15 15 If the time off is protracted, the Bishop or Archdeacon may make other arrangements for the discharge of your duties during your absence. SSP and Benefits If you are entitled to Statutory Sick Pay, and while that entitlement continues, stipend will be paid according to SSP rules (full stipend for 6 months pro rata for part time clergy). This means that your stipend may be reduced by the value of SSP and/or any incapacity or other benefit to which you may be entitled. Stipend is paid according to SSP rules as long as the following requirements are met: For sickness absence of up to seven days, a self certificate must be obtained, completed and submitted to the Diocesan office (a copy of the Diocesan self certificate form can be obtained from the Diocesan Office and may also be downloaded from the Diocesan website) If the sickness absence lasts more than seven days a medical certificate signed by a GP or other medical practitioner must be submitted to the Diocesan Office. Payment of stipend after your entitlement to Statutory Sick Pay expires is conditional on the agreement of the Bishop (or his representative) and on any guidance received from the Archbishops Council. These entitlements apply to you unless specified otherwise in your Statement. The rights and responsibilities related to sickness absence are set out at Regulation 27 and, in addition to the details above, include the following points: All reasonable endeavours should be made to ensure that the duties of the office are performed by another person during a period of absence. If the time off is protracted, the Bishop or Archdeacon may make other arrangements for the discharge of these duties. Payment of stipend after entitlement to Statutory Sick Pay has expired is conditional on the agreement of the Bishop (or his representative) and on guidance from the Archbishops Council. If the Bishop has reasonable grounds for concern about the office holder s physical or mental health he may direct that the office holder undergo a medical examination by a mutually agreed medical practitioner and he may, in serious cases, need to instigate the capability procedure

16 16 10 Pension The important aspect of this clause is that it informs you whether your post is pensionable within the terms of the Clergy Pension Scheme. The reference to the contracting-out certificate refers to the certificate that the Contributions Agency has given to the Clergy Pension Scheme. The precise terms of the Pension Scheme are outside the remit of this Handbook and may change and you are advised to take advice on all matters pertaining to your Pension. The best place to start may be the Pension Board Website at: The following publications from the Pensions Board may also be useful: Your Pension Questions Answered Retirement Housing Full details of the pension scheme and retirement housing provisions are available from: The Church of England Pensions Board 29 Great Smith Street London SW1P 3PS Tel DEALING WITH DIFFICULT ISSUES 11 Termination and resignation This clause in your SOP refers to Disciplinary Procedures (see below) and Capability Procedures (see 12 below) and also to the requirement in the 2009 measure that should you wish to resign from this post, you are required to give 3 months notice in writing to the Bishop unless the Bishop and you have both agreed to waive this requirement. Termination For all clergy, unless they are resigning, their term of office may only be terminated by the Bishop in accordance with the following circumstances: (a) On the death of the office holder; (b) On attaining the retirement age specified in relation to that office in section 1 of the Ecclesiastical Offices (Age Limit) Measure 1975 (1975 No. 2) or on the expiration of any period which the office holder is permitted to continue in office after the retirement age under section 2 or 3 of that Measure;

17 17 (c) Where the office holder is removed from office following a finding of an offence under Part VI of the Ecclesiastical Jurisdiction Measure 1963 (1963 No. 1) or under any provision of the Clergy Discipline Measure 2003 (2003 No. 3); (d) Where the term is fixed or is otherwise limited, on the expiry of the term or the occurrence of the event in question, as the case may be; (e) Where the office ceases to exist as a consequence of a pastoral scheme or order made under the Pastoral Measure 1983 (1983 No. 1) or reorganisation scheme made under Part II of the Dioceses, Pastoral and Mission Measure 2007 (2007 No. 1) As set out at Section 3 of the Ecclesiastical Offices (Terms of Service) Measure 2009 the Bishop may also terminate office: (f) Where the Bishop revokes the licence of the office holder under the capability procedures 12 Disciplinary Procedures The Clergy Discipline Measure 2003 (that came into effect in 2006) provides a structure for dealing efficiently and fairly with formal complaints of misconduct against any member of the clergy. All admitted to holy orders in the Church of England are covered by the Measure, whether or not in active ministry. Should a formal complaint concern you the disciplinary structure would be centred on the Bishop. Disciplinary Procedures: Summary A disciplinary process can only be started by a formal written complaint or misconduct, which is made to the bishop. There are four grounds on which misconduct may be alleged, the complainant must produce written evidence in support of the complaint, and verify the complaint by a statement of truth. The complaint and evidence in support are referred by the bishop to the diocesan registrar for advice. Having received the registrar s advice, the bishop may decide that it should be dismissed, in which case it will proceed no further under the Measure. If on the other hand the bishop considers that the complainant has a proper interest in complaining and that the complaint deserves further consideration, he will invite the priest or deacon about whom the complaint is made to send a written answer. Disciplinary Procedures: Details a) All admitted to holy orders in the Church of England are covered by the Measure, whether or not in licensed ministry. b) A disciplinary process can only be started by a formal written complaint of misconduct, which is made to the Bishop.

18 18 c) There are four grounds on which misconduct may be alleged, namely: acting in breach of ecclesiastical law; failing to do something which should have been done under ecclesiastical law; neglecting to perform or being inefficient in performing the duties of office; or engaging in conduct that is unbecoming or inappropriate to the office and work of the clergy. d) The complainant must produce written evidence in support of the complaint, and verify the complaint by a statement of truth. e) The complaint and evidence in support are referred by the Bishop to the diocesan registrar for advice. f) Having received the registrar s advice, the Bishop may decide that the complaint should be dismissed, in which case it will proceed no further under the Measure. g) If on the other hand the bishop considers that the complainant has a proper interest in complaining and that the complaint deserves further consideration, he will invite the Priest or Deacon about whom the complaint is made to send a written answer verified by a statement of truth, together with evidence in support. h) The Bishop will then decide which of five possible courses of action available to him under the Measure is the appropriate one to pursue. He can: Take no further action; Record the complaint conditionally for a period of up to five years, such that if another complaint is made within that time and is dealt with under paragraphs c, d, or e the two complaints may then be dealt with together; Refer the complaint to a conciliator in an attempt to obtain agreement between the complainant and the respondent as to how the complaint should be resolved; Impose a disciplinary penalty (but only with the consent f the respondent); or Require the complaint to be formally investigated by the Designated Officer, a barrister employed in the Church of England Legal Office More details are available on-line at: under: The Disciplinary Process. 13 Capability Procedures Capability Procedures: Summary This clause records that you may become subject to the capability procedure which is designed to improve the performance of clergypersons.

19 19 If a member of the clergy is performing below an acceptable standard, ways will be found to help him or her to improve. The capability procedure can only lead to dismissal after all other avenues have been explored. The procedure contains many built in safeguards and will not be used in trivial or unsubstantiated cases, and can only be invoked by the Bishop, Archdeacon or someone specifically designated on their behalf, after a thorough investigation of the facts and an interview with the cleric. Capability Procedures: Detail The main objective of the capability procedure is to help office holders, whose performance falls below an acceptable minimum standard, to improve in a fair and just way. The capability procedure can only lead to dismissal after all other avenues have been explored. The procedure contains many built in safeguards including: The right to be informed in advance, and in writing, of the nature of the performance issue, the procedure to be followed, and the possible actions that may be taken, The involvement of a panel, not an individual, at every formal stage, The requirement to take human resources advice, The right to be supported by a friend or trade union representative during the formal stages of the process. The right to respond to all points raised The right of appeal The capability procedure will not be used in trivial or unsubstantiated cases, and can only be invoked by the Bishop, Archdeacon or someone specifically designated on their behalf, after a thorough investigation of the facts, and an interview with the clergy concerned. The procedure will normally consist of the following stages but can be discontinued at any point if the required improvements are made: Informal warning Formal procedure stage one formal written warning Formal procedure stage two final formal written warning Formal procedure stage three removal from current office In exceptional cases stage one of the formal procedure may be bypassed but should this be the case, the requirements of natural justice will always prevail and appropriate pastoral support and care will always be provided.

20 20 The procedure is set out in the code of practice issued by the Archbishops Council under the Regulations, and a copy can be obtained from the Diocesan Office or on-line at 14 Grievance Procedure Grievance Procedure: Summary If you have grievance relating to the exercise of your office you may seek redress by using the Grievance Procedure. The focus of the Diocesan grievance procedure is on mediation and conciliation and encouraging swift resolution. An office holder may make a formal grievance and the emphasis will be on what might be required to resolve the grievance. The Diocese will issue guidance to clarify when the grievance procedure may be used by somebody who is undergoing the capability procedure. Grievance Procedure: Detail Office holders have the right to seek redress if they have concerns that cannot be resolved during the normal course of their duties. The objective of the grievance procedure (as detailed in the Code of Practice issued by the Archbishop s Council) is to deal with such complaints promptly, fairly, and consistently, with a focus on mediation and conciliation wherever possible. The underlying principles of the procedure are as follows: All grievances will be taken seriously and responded to fairly and quickly Grievances will be dealt with informally wherever possible All matters will be kept confidential The focus will be on issues not personalities Account will be taken of the legitimate interests of all concerned Office holders will have the right of representation by a colleague or trade union representative at any meeting Grievances may be pursued without fear of sanction This grievance procedure is available to all Office holders under Common Tenure and is intended to provide a means of addressing grievances related to the office held. The key stages of the procedure are as follows: Informal stage wherever possible attempts should be made to address the person or body responsible for the matter directly and attempt to resolve the grievance informally

21 21 Formal stage if the grievance has not been resolved informally or within a reasonable time period, the office holder may choose to proceed to the formal stage which is comprised of: Stage one the grievance needs to be set out in writing, describing what attempts have been made to resolve the matter informally and what is the desired remedy. Stage two the person handling the grievance will investigate the matter and then hold a meeting to discuss the issues. This will be followed by a letter detailing the decisions made regarding appropriate resolution. Stage three if the matter has not been resolved satisfactorily then the office holder may appeal in writing. They will then be invited to attend a meeting to discuss the issues. The decision of the appeal body will be given in writing. There is no further right of appeal. Bullying and Harassment The Diocese is developing and implementing our own anti-bullying and harassment policies, in line with the guidance and model policy for dioceses issued by the Archbishops Council and will refer to the agreement procedure for disputes about housing (Regulation 15) 15 Respondent in Employment Tribunal Proceedings Once you are on Common Tenure, you will have the right, in certain circumstances, to take a case to an Employment Tribunal. This clause simply clarifies who would be named as the respondent should you ever take a case to an Employment tribunal. 16 Informal Support or Conversation The Dioceses have invested in professional human resources assistance to ensure the smooth implementation of the Terms of Service Regulations. If you would like informal consultation or support concerning any matters relating to your terms of service you may consult the HR Advisor via the Archdeacon s Office. In the Exeter Diocese free, confidential pastoral care and counselling service is also available to all clergy and their families. This may be accessed direct by phoning Julia Barrett on or Julia.barrett@exter.anglican.org

22 22 Other Matters HEALTH AND SAFETY 1. Office holders are deemed to be responsible for their own health and safety 2. Any advice or guidance required may be sought from the diocesan office or the HSE website 3. Health and safety concerns related to housing should be raised with the Diocesan office SAFEGUARDING ARRANGEMENTS 1. All clergy are responsible for ensuring that they have a current CRB check 2. Depending on the Government arrangements in place, all clergy are responsible for ensuring that they are formally registered with the Independent Safeguarding Authority (ISA) or other body holding responsibility for the safeguarding of children and vulnerable adults.. 3. Information or advice regarding this may be sought from the Diocesan office Issued by: This simply records who has issued and signed this statement to you on behalf of the Bishop under Regulation 3 of the Ecclesiastical Offices (Terms of Service) Regulations Forms In your Statement you are required to complete various forms to apply for leave or to report that you are taking Annual Leave. These forms are attached at the back of this Handbook for your convenience. Photocopy them for your own use, whenever you need to.

23 23 Index Alphabetical index of subjects Page no. Adoptive leave 13 Applying for special leave 13 Appointment 4 Bank Holidays 12 Benefits (statutory) 15 Bullying and harassment 21 Capability procedure 19 Clergy Discipline Measure (CDM) 17 Clergy Terms of Service Regulations - overview 1 Conciliation 20 Confidential counselling service 22 Contents page 3 Continuing Ministerial Development (CMD) 10 Continuing Ministerial Education (CME) 10 Contracted out (pension) 16 Counselling Service 22 Dependent 13 Disciplinary process 17 Dispensation (housing) 8 Dispensation (time off on feast days) 12 Doctors certificate 15 Ecclesiastical Offices (Terms of Service) Measure Ecclesiastical Offices (Terms of Service) Regulations Effective date 5 Emergency (times off to deal with) 13 Expenses 7 Grievance Procedure 20 Handbook - intention 1 Harassment 21 Health and Safety 22 Housing 7 Initial Ministerial Education (IME 4-7) 11 Incapacity benefit 15 Informal support 21 Leave (annual) 12 Leave (recording) 12 Leave (special) 12 Maternity leave 13 Mediation 20 Ministerial Development Review 9 More than one post/office 4 National Minimum Stipend 5

24 24 Nominated Officer 2 Non-stipendiary / Self supporting ministers 6 Office/Post 4 Ordinal (Role description) 2 Ordinal (Office) 4 Parental leave 13 Parish profile (Role description) 2 Parochial Fees 6 Parsonage House 7 Part-stipend 6 Paternity Leave 13 Pension 16 Post/Office 4 Pro-rata 6 Public Duties (remuneration) 14 Public Duties (time off for) 14 Public Holidays 11 Regulations 5 Remuneration (for public duties) 14 Repair of Benefice Buildings Measure 7 Resignation 16 Rest periods 11 Retreats 14 Reviewers (MDR) 9 Role Description 2 Safeguarding Arrangements 22 Self-supporting ministers 6 Self-certification (sickness) 15 Sessions 12 Sickness 14 Special leave 12 Spiritual nurture 14 Statement of Particulars (SoP) 1 Statutory Sick Pay 15 Stipend 5 Stipend during sick leave 15 Support (HR) 21 Termination of appointment 16 Time off

25 25 FORMS Attached 1 Notification of Time to be taken off for Annual Leave 2 Application for time off on Special Leave 3 Notification of Absence for Sick Leave (Self certification) Please photocopy these forms for use.

26 26 Annual Leave Note: You may inform the Archdeacon s Office that you intend to take (or have taken) Annual Leave, (or have taken) by phone, or by . Or use this form: Notification of Annual Leave Name: Parish/Benefice Archdeaconry: Date of Request: Start date Anticipated time off required: End date Number of days to be taken Number of days remaining from Annual Leave entitlement Office Use Only: Annual Leave recorded You may inform the Archdeacon s Office that you intend to take Annual Leave, by . This form can also be completed for you in the Diocesan Office in response to a telephone or request.

27 27 Special Leave Application for Special Leave Name: Parish/Benefice Archdeaconry: Date of Request: Start date End date Number of days to be taken Anticipated time off required: Date Archdeacon consulted: Date Bishop consulted: Bishop s / Archdeacon s authorisation: Office Use Only: Annual Leave recorded In protracted periods of leave: any meetings during leave should be held on a regular basis and records kept below. The office-holder should be invited seek support and to keep in contact with parish and Diocesan developments. Date of Present at Updates/Progress Meeting Meeting This form can be completed in response to a telephone request. A copy of the form must be sent to the Diocesan Admin Support who should be informed when the office-holder returns to work.