Guide to Employment for URC Churches

Contents

SectionSubject

1Introduction

2Recruitment

2.1Define the Requirement

2.2Selection and Offers

2.3Statement of Terms and Conditions of Employment

3Pay, Tax and NI

3.1Employer Registration

3.2Itemised Pay Statements

3.3Pensions

4Health and Safety

5Other Matters

5.1Providing References

5.2Records and Data Protection

5.2.1Employment Records

5.2.2Recruitment Records

5.3Induction and Training

5.4Appraisal

Guide to Employment for URC Churches

1Introduction

Whether you already have employees in your Church or you are contemplating this for the first time, it is vital that you are aware of your obligations as an employer and the rights of those in your employment. Ever increasing and complex employment legislation places significant responsibility on employers to comply and the penalties for not doing so can be considerable.

The aim of this guide is to provide practical advice and guidance on the key aspects of which you should be aware.

It is hoped that many of your concerns relating to employment can be addressed through this guide. However, it is recognised that from time to time specific issues will arise which are not so easily answered. Considerable additional online information can be found through external sources. For example, for employment rights, obligations and practice, look up and for employment registration, tax and National Insurance related areas, see HM Revenue and Customs at URC documents and templates referred to can be found on the Wessex Synod website at .

However, if you are still in doubt regarding any situation relating to employment, or a specific employee issue which has arisen, then it is recommended that you contact the Synod Employment Adviser at or on 07910 601751.

2Recruitment

2.1Define the requirement

  • Draft a job description. This should include such aspects as title, location, reporting line, objectives, duties and accountabilities and terms (e.g. hours, pay. etc)Template available on website.
  • Draft a person specification. This may include qualifications, experience, skills, other attributes (e.g. team worker, flexibility, initiative etc). It is a good idea to identify what is essential and what is desirable separately.Template available on website.
  • It is important, whether in defining the requirement, advertising, selecting for interview or making an offer/rejecting candidates that there is no discrimination, either direct or indirect. Hence you should avoid any use of wording which may be construed as discriminatory (e.g. age, race, gender, sexual orientation, marital status, religion or belief, disability). The only exception would be where there is a genuine occupational requirement which would provide a defence against any claim. For example, where, due to the nature of the job, it can be shown that it can only be carried out by a person of a particular faith.
  • The employment status of the job should be established at the outset. The following may be considered:
  • Is the position permanent or temporary? If temporary, will it be for a defined period and therefore a fixed term contract, orfor an undefined short period? Note that legislation prevents detrimental treatment of those on fixed term contracts compared with permanent employees.Please also note that the end of a fixed term contract is a dismissal in law. Therefore, the person could still claim unfair dismissal if there was a continuing requirement and they were not offered the opportunity to remain in the job, or could claim redundancy pay if the requirement was ceasing after a period of employment of two years. If you think it is a fixed term contract please check this with the Synod Employment Adviser.
  • Is the position full time or part time? Note that legislation prevents detrimental treatment of part time employees compared with full time. Part timers’ terms and conditions, including pay, holidays etc., must be pro-rata of full time entitlements.
  • Is the worker to be treated as a ‘casual worker’? This is where there is no ongoing expectation or obligation for you to provide work and no obligation of the worker to accept any work offered. Each occasion the person carries out any work is treated as a separate and unconnected event. If in doubt, please check with the Synod Employment Adviser.
  • Are they a volunteer? Volunteers provide their time and effort freely, with no obligation, contractual or otherwise, to do so. They receive no monetary payment, or benefit in kind other than reimbursement for genuine expenses incurred, subsistence and/or accommodation as is reasonable and any necessary training. If you stray from this, then they may be regarded as a worker or employee and be entitledto certain employment rights, including the minimum wage, paid holidays and sick pay. If you have voluntary workers, you should check your insurance covers them for employer and public liability. Whilst a volunteer will not have a contract, you should ensure that they are aware of the relevant health and safety policies/procedures applicable to them as you still must exercise your ‘duty of care’.
  • Is the person self employed? This can become a complex area and often wrong assumptions are made. Just because an agreement with someone states that they will be self employed, it does not mean that in reality they are, either from the perspective of a worker’s employment rights or HMRC. An employee has a contract of service whereas a self employed person works under a contract for services.In deciding whether a person is genuinely self employed, a number of factors would be considered relating to how the work is carried out in practice. This would include the degree of control you may have over what the person does and how and when they do it, the mutuality of obligation between the parties, whether the person must carry out the activities personally or whether they can substitute someone else to perform tasks on their behalf, whether they carry their own financial risks, whether they provide their own equipment, whether they carry out work for other parties, and the amount their role is part of your organisation. This is not an exhaustive or detailed list and in any case of doubt advice should be sought, initially from the Synod Employment Adviser.

2.2 Selection and Offers

  • Ensure the assessments of candidates are recorded and are made objectively, with a consistent scoring system, against the requirements specified in the job description and person specification. Only ask questions at interview which are relevant and appropriate for the job. Keep all recruitment documents, including assessment sheets, application forms/c.v.’s etc. of unsuccessful candidates for 12 months in case of any claims made, such as for discrimination. Templates available from the website.
  • The offer should be conditional, subject to certain requirements, such as:
  • The job may be involved with children, young or vulnerable persons. In this case, a check may need to be carried out by the Disclosure and Barring Service –DBS. There is usually an appointed person in the Church who can assist with this.
  • All prospective employees must be checked for eligibility to work in the UK. The only defence by an employer against conviction for employing an illegal worker is if they can show they checked and retained copies of certain original documents belonging to the prospective employee.All information relating to employers’ responsibilities in preventing illegal working is found on the gov.uk website at . An offer may be made conditionally on the provision of acceptable documentation.
  • The offer of employment may be made subject to provision of satisfactory references. Such references are provided in confidence. However, it should be noted that most employers are reluctant to provide anything other than limited factual information rather than opinions. Under the Equality Act 2010 it is illegal to ask for health or medical information unless it is for very specific reasons, such as to establish if a person can carry out a function which is essential and ‘intrinsic’ to the job, or if adjustments are necessary to enable a person attend an interview and/or be assessed fairly. However, it is legally acceptable to ask such questions once an offer has been made or the employee has commenced employment.
  • Offers of employment often include the requirement to satisfactorily complete a probationary period. Such periods are usually three or six months, with reviews during the period and on completion. They may be extended by the employer where it is felt that an extended period would be helpful in making a decision. Whilst it provides a focus for assessment, probationary periods do not diminish an employee’s normal statutory rights, such as notice, paid holidays, Statutory Sick Pay, National Minimum Wage/Living Wage, discrimination etc.
  • Remember that once an offer is made and accepted, whether verbally or in writing, then a contract has been formed and to subsequently withdraw or change it without agreement would be a breach of contract.
  • Any rate of pay for a worker must be at least at the level of the National Minimum Wage and preferably at the Living Wage. Prevailing statutory minimum hourly rates can be found at .
  • There is a statutory minimum annual entitlement to paid holidayswhich is 5.6 weeks per annum. This can include the (usually) eight Bank/Public holidays. Hence, for someone working a 5 day week, this would be 28 days, including Bank/Public holidays. For part time staff, this should be calculated pro rata. This may be expressed in hours rather than days if it is more convenient. The rules relating to statutory paid holidays are contained within the Working Time Regulations and guidance for employers is available at
  • The Working Time Regulations also explain the rules relating to minimum requirements of other aspects of employmentsuch as working time limits (’48 hour week’), time off, rest breaks and night work.

The basic rights and protections are:

  • A limit of an average 48 hour week (but an opt-out is currently available)
  • At least 11 hours rest each day
  • At least one day off per week
  • An in-work rest break of at least 20 minutes if 6 hours or more are worked
  • A right to a minimum amount of paid holiday (see above)
  • Maximum 8 hours work in 24 for nightworkers plus right to healthchecks

Note that special rules apply to young workers including a maximum of 8 hours work per day, a minimum 12 hours daily rest, weekly rest of two days per week and a 30 minutes break after 4.5 hours’ work.

2.3Statement of Terms and Conditions of Employment

  • It is a legal requirement that you provide the employee with a written statement of terms and conditionsof employment within the first two months of employment. Of course, it is preferred that it is provided prior to commencement, together with all information relating to terms and conditions, polices and procedures. A template for the written statement of terms and conditions, otherwise known as the contract, can be obtained from the Synod Employment Adviser. It is important that the employee is asked to sign and return a copy of the Statement of Terms and Conditions of Employment as a formal indication of acceptance.
  • Issued along with the contract are the Disciplinary Procedure, Grievance Procedure, Capability Procedure, Health and Safety Policy and Equal Opportunities Policy. These can all be found on the website.

3Pay, Tax and NI

3.1Employer Registration

  • Further information can be found on the rules and how to register at .

3.2Itemised Pay Statements

  • You must provide employees with an itemised pay statement. This must include the following:
  • Gross amount of the wages or salary
  • The amounts of any fixed deductions and their purpose
  • The amounts of any variable deductions and their purpose
  • He net amount of the wages or salary after deductions
  • A breakdown of each part payment if they are paid in different ways.

3.3Pensions

  • The law on workplace pensions has changed. Every employer with at least one member of staff now has new duties, including putting those who meet certain criteria into a workplace pension scheme and contributing towards it. This is called automatic enrolment. It’s called this because it’s automatic for your staff – they don’t have to do anything to be enrolled into your pension scheme. But it’s not automatic for you. You need to take steps to make sure they’re enrolled.
  • For further information on what to do and when to do it, please refer to .

4Health and Safety

  • As an employer, you have a duty under the Health and Safety at Work Act 1974 to safeguard as far as is reasonably practicable, the health, safety and welfare of all employees at their place of work. Employees also have a responsibility to act in a way that does not jeopardise the health and safety of others. Note that appropriate health and safety procedures must also apply to all others on your premises or carrying out activities on your behalf such as visitors, volunteers, casual workers etc.
  • You have a duty of care in ensuring that you provide such information, instruction and training necessary to ensure the health, safety and welfare of your employees. You should also ensure that any equipment or machinery provided is maintained and safe for use and that access to and from the workplace, as well as within it, is safe and without risk.
  • If you employ five or more people, you are legally required to provide for staff a written Health and Safety Policy. As well as setting out your general policy, it must include the organisation and arrangements for carrying out your policy. Even if you have fewer than five employees, it is recommended you have such a policy since you must be clear on who takes responsibility for various aspects of health and safety and explainthe arrangements and procedures for dealing with fire and emergencies, hazard identification and the undertaking of risk assessments, reporting and investigating accidents, first aid arrangements, communication, consultation and training.
  • You also need to ensure you are clear on responsibilities and procedures for undertaking other risk assessments such as regular reviews of the workplace, identification of any hazards and risks and the necessary remedial action. You should also apply the same approach in undertaking risk assessments for theuse of workstations and display screen equipment/VDUs, manual handling, use of any equipment and machinery, electrical equipment and portable appliance testing (PAT), the use and handling of hazardous substances (COSHH), assessing any work which may involve hazards (e.g. working at height) and the use of personal protective equipment or clothing.You need to ensure that the workplace complies with the Workplace Health, Safety and Welfare Regulations, such as sufficient working space, seating, access, appropriate lighting, ventilation and temperature, sanitary and washing facilities, drinking water and facility to take rests.You can download the HSE free guide on undertaking risk assessments from It is called ‘The Five Steps to Risk Assessment’.
  • You need to have a fire and emergency procedure which includes the procedure for raisingthe alarm, contacting emergency services, the location, type and maintenance of extinguishers, evacuation routes and procedure, assembly point, roll call, process for checking that buildings are vacated etc. This must be made known to all staff.
  • A Health and Safety Law poster must be completed and displayed. This is available from HSE Publications or from many good stationery stores, office suppliers or major book stores.
  • You should have an accident book and suitable and sufficient first aid facilities, including first aid kit(s). You should make it clear where these are located, who is the responsible person who ensures any injured person is treated, that the accident book is completed and that any incident is investigated and if necessary, remedial action taken. It may be appropriate that such person(s) may be trained as either an Appointed Person or as First Aider, depending on the demands of the working environment

5Other Matters

5.1ProvidingReferences

  • Great care should be taken in providing references. Remember that you do not want to be sued for providing misleading information or saying something which is deemed as defamatory. However, you will need to balance this against providing something which is in substance true, accurate and fair.
  • Open references of the ‘to whom it may concern’ type are generally avoided except in exceptional circumstances.
  • In general, it is advised that you restrict any response to a reference request from a potential employer of an ex- employee to purely factual information rather than opinions. It may include employment start and finish dates, positions held, a summary of responsibilities and achievements (if appropriate) and their reporting line. If they resigned, then it is acceptable to say that they left of their own accord.
  • If in doubt, please contact the Synod Employment Adviser.

5.2Records and Data Protection

5.2.1Employment Records

The Data Protection Act 1998 sets out in an Employment Practices Code specific requirements relating to employment records under five headings namely: collecting and keeping records; security; sickness and accident records; discipline, grievance and dismissal; retention.Employees or job applicants can request to see copies of information on record about them. The employer must provide this within 40 calendar days.