The Ecclesiastical Offices (Terms of Service) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the terms of service of the holders of ecclesiastical office who, under the Ecclesiastical Offices (Terms of Service) Measure 2009 are subject to Common Tenure. They confer rights on office holders which, in many respects, are comparable to those enjoyed by employees.

Part II of the Regulations confers entitlements on office holders to be given particulars of the terms of their appointment and information about disciplinary, capability and grievance procedures. Provision is made for access to employment tribunals where these requirements are not complied with.

Part III confers on a full-time stipendiary office holder a right to be paid a stipend of not less than the National Minimum Stipend and sets out the rights and obligations of office holders and the authorities which provide them with accommodation. The office holder is given the right to object to certain transactions proposed to be carried out in relation to a house of residence occupied by the office holder and provision is made for the resolution of disputes.

Part IV makes provision for the ministerial development review, education and training of office holders. Part V confers entitlements to time off work for maternity, paternity, parental and adoption leave and to time spent on the performance of public duties and makes provision for sickness. Directions under regulation 23 (entitlement to maternity, paternity, parental and adoption leave) must approved in draft by the General Synod and be laid before Parliament and be subject to annulment in pursuance of a resolution of either House.

Part VI relates to fixed and limited term appointments and makes provision for the compensation of office holders whose office is potentially affected by pastoral reorganisation schemes or orders under the Pastoral Measure 1983.

Part VII provides for procedures for assessing the capability of an office holder to perform his or her duties and for enabling office holders to seek redress for grievances in accordance with Codes of Practice issued by the Archbishops’ Council under section 8 of the Measure. Part VIII confers a right on an office holder who has not reached the retirement age not to be unfairly dismissed where his or her appointment has been terminated following the application of the capability procedures. Part X of the Employment Rights Act 1996 is applied, with modifications, so as to enable an office holder to have a claim for unfair dismissal heard by an employment tribunal.

Directions under regulation 23 (entitlement to maternity, paternity, parental and adoption leave) must be approved in draft by the General Synod and be laid before Parliament and be subject to annulment in pursuance of a resolution of either House.