The Ecclesiastical Offices (Terms of Service) Regulations 2009

Enforcement

References to employment tribunals

9.—(1) Where the officer nominated under regulation 3 above does not give an office holder a statement as required by regulation 3 or 6 or where the office holder is not given a statement as required by regulation 8 (either because the person or body concerned gives no statement or because the statement which is given does not comply with what is required), the office holder may require a reference to be made to an employment tribunal to determine what particulars ought to have been included or referred to in a statement so as to comply with the requirements of the provision concerned.

(2) Where—

(a) a statement purporting to be a statement under regulation 3 or 6 above, or a statement of stipend purporting to comply with regulation 8, has been given to an office holder, and

(b) a question arises as to the particulars which ought to have been included or referred to in the statement so as to comply with the requirements of this Part of these Regulations,

either the person or body concerned or the office holder may require the question to be referred to and determined by an employment tribunal.

(3) For the purposes of this paragraph—

(a) a question as to the particulars which ought to have been included in the note required by regulation 5 above to be included in the statement under regulation 3 does not include any question whether the office is, has been or will be treated as contracted-out employment (for the purposes of Part III of the Pensions Schemes Act 1993(1)), and

(b) a question as to the particulars which ought to have been included in a statement of stipend does not include a question solely as to the accuracy of an amount stated in any such particulars.

(4) An employment tribunal shall not consider a reference under this section in a case where the appointment to which the reference relates has ended unless an application requiring the reference to be made was made—

(a) before the end of the period of three months beginning with the date on which the appointment ended, or

(b) within such period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the application to be made before the end of that period of three months.

Determination of references

10.—(1) Where, on a reference under regulation 9 above, an employment tribunal determines particulars as being those which ought to have been included or referred to in a statement given under regulation 3 or 6 above, the officer nominated under regulation 3 shall be deemed to have given the office holder a statement in which those particulars were included, or referred to, as specified in the decision of the tribunal.

(2) On determining a reference under regulation 9(2) above relating to a statement purporting to be a statement under regulation 3 or 6, an employment tribunal may—

(a) confirm the particulars as included or referred to in the statement given by the person nominated under regulation 3,

(b) amend those particulars, or

(c) substitute other particulars for them,

as the tribunal may determine to be appropriate; and the statement shall be deemed to have been given by that person to the office holder in accordance with the decision of the tribunal.

(3) Where on a reference under regulation 9 above an employment tribunal finds—

(a) that the person or body responsible has failed to give an office holder a statement of stipend in accordance with regulation 8, or

(b) that a statement of stipend does not, in relation to any deduction, contain the particulars required to be included in that statement by that regulation,

the tribunal shall make a declaration to that effect.

(4) Where on a reference in a case to which paragraph (3) above applies the tribunal further finds that any un-notified deductions have been made from the stipend of the office holder during the period of thirteen weeks immediately preceding the date of the application for the reference (whether or not the deductions were made in breach of the terms and conditions of the appointment), the tribunal may order the person or body who or which is responsible for the payment of the stipend to pay the office holder a sum not exceeding the aggregate of the un-notified deductions so made.

(5) For the purposes of paragraph (4) above a deduction is an un-notified deduction if it is made without the person or body concerned giving the office holder, in any statement of stipend, the particulars of the deduction required by regulation 8.

(1)

1993 c. 48.