Questions from Clergy Day on 3 November 2009
No. / Questions posed on the day / Responses – we have grouped answers together so these should answer all the issues raised by the questions1a
1b / Where will the resources needed for Clergy Terms of Service be diverted from?
Presumably there will be a greater cost involved, particularly with Continuing Ministerial Education/Development (CME/D). Will this affect the quota? / There is no need to divert financial resources as we can use existing resources such as the CME budget and the diocesan Human Resources Manager.However, we will need to target financial resources carefully. As the project progresses, if we want to increase financial resourceswe will have to look at ways of attracting additional funding and be clear with our priorities.
2a
2b / If I hold an office, I am anofficer, so I should:
a) exercise authority and
b) be under the authority of the Diocesan Bishop and his successors, whom I have promised to obey.
Will the new situation mean a change in the ordinance and the licensing of a priest to a parish? Does the common tenure revision take this into account? / Office holders will retain office holder status. The Ecclesiastical Offices, (Terms of Service Measure and its regulations) set out the arrangements – the new legal framework – that will underpin, support and give greater clarity to ministry and ministerial roles and responsibilities.
Office holders have day to day responsibility for their work and are independent. However, within the framework there will be local and diocesan objectives set through the Ministerial and Episcopal Reviews into which senior local clergy such as team rectors and area deans can feed.
3a
3b
3c / What happens to the patrons once the freehold goes?
Does the title of the office e.g. vicar, rector, priest in charge etc. change?
Will priests in charge become vicars/rectors again? / Freehold status under the current arrangements will end when either the freeholder moves to another appointment or they opt into common tenure. There is no change to thepatron’s rights and responsibilities.
The title of anoffice remains the same. Common Tenure/Terms of Service is just the framework or arrangements that underpin anoffice, therefore the title of the role and the role of the patron remains unchanged.
It will be important to specify in any advert or paperwork if anoffice might be subject to pastoral reorganisation, or where there is a specific reason for it being a fixed term office (see below in 4).
4a
4b / Many of us are in pastoral reorganisation plans’. Is there any real security for priests in charge?
Will freehold still be suspended for priests in charge offices? / Yes, under Common Tenure a Priest in Charge can only be removed from office either when the suspension is lifted and an incumbent is appointed, or if the post disappears as a result of pastoral reorganisation. In either case the priest in charge will be entitled to compensation, limited to 1 years loss of service, if he or she does not immediately take up another post.
Yes. Priests in charge retain the same status. They simply move across into common tenure arrangements, but for the first time they will be entitled to compensation of up to one year’s stipend in the event of their office coming to an end.
New freehold appointments can be made on any day up to the ‘appointed day’.
5a / What differences are there in the conditions of service between a common tenure priest in charge and a common tenure incumbent? / None. They are both common tenure.
For a common tenure incumbent and a freehold incumbent, common tenure clergy are entitled to:
-a stipend and statement of particulars setting out the terms and conditions of the appointment
-the right to redress through an employment tribunal if they are removed from office following a capability procedure
-the requirement of CME/D
-a capability process and grievance process
Freehold clergy:
- remain corporation sole
- may follow the Vacations of Benefice Measure where there are problems/issues of poor or failing health
- have access to a Ministerial Development Record and CME/D but are not required to participate
6a
6b
6c
6d / Can freeholders move to common tenure at any point?
What if freeholders dig in?
Why would I opt out of Common Tenure
Would we be under pressure to give up freehold? / Freeholders will be invited to consider moving into common tenure from the ‘appointed day’ and will be able to see a draft statement of particulars which might assist them in making their decision.
No one can opt out of common tenure but freehold clergy can choose not to opt in with their current freehold office. When they move to a new office, after the ‘appointed day’ all new appointments to the office will be made under common tenure.
There is no pressure on freehold clergy to opt in, but they maydo so at any stage.
7a / If there was no need to come in line with government legislation, would this have happened? / Probably - yes. The Church has recognised for some time that there was a need for greater parity in the conditions of service of freehold and licensed clergy and there have already been a number of outcomes at employment tribunals which have required dioceses to review their personnel practices and processes. The historic ways of dealing with poor performance or ill health through the Vacations of Benefice Measure are very cumbersome and the new framework will offer a more open, transparent, streamlined and supportive process.
8a
8b
8c
8d
8e
8f / Is the Area Dean a shop steward or middle manager?
What resources are available to support area deans in their jobs?
What pastoral role might an area dean take in a capability procedure?
What is the grievance procedure and how is the area dean involved?
By what criteria can capability in our job be measured? (Area Deans)
Are there plans for ministerial review for area deans? / The role of area and rural deans dioceses is constantly evolving and there is further discussion and debate to be had about their role in this diocese. Area Deans already have a substantial role in strategic deanery plans and a key role in supporting for local clergy and making arrangements for cover.
Resources for area deans in the diocese include additional clergy support, additional administration support, advice from Bishop’s Staff, the Diocesan Secretary, the DAC and the Human Resources Manager. Mutual support through networking in the Archdeaconry is also important.
Some work has already been done on a job description for area deans. This will be reviewed and updated following consultation.
It is inevitable that when (potential) problems come to the attention of the Bishop, Archdeacon or other senior staff, area deans will be involved in some way. They may be asked to give a considered opinion about the situation, to provide key support, or to help people come together to reconcile differences e.g. in a grievance issue. Much will depend on the nature of the problem.
Area deans will not be able to instigate any formal capability procedure, but may be part of a process of giving support and guidance locally, giving helpful constructive feedback in a situation, or reporting back on a specific matter.
Pastorally the role of area dean is crucial. If an area dean feels compromised because of the nature of a problem, it may be helpful for an area dean in another deanery to offer support.
Where there are issues of sickness the diocese has developed consistent mechanisms for support, based on individual circumstances. Under the new arrangements there will be a requirement for better and more regular reporting of sickness absence using GP certificates etc. Clergy will be required to report sickness absence to the person nominated by the Bishop to collect this information. The HR Manager will need to be able to send timely sick notes to the Church Commissioners so we will need to develop easy processes for reporting sickness through local clergy, Area Deans and Archdeacons.
Episcopal review and the setting of objectives and opportunities for reflection on deanery issues will be developed so that the relationship between the area deans, the archdeacons and Bishop’s Staff works most effectively.
9a
9b
9c
9d
9e
9f
9g / Who and what could trigger a capability procedure and how does this differ from a clergy discipline measure procedure?
How is the capability process initiated?
Who can instigate the capability procedure?
Who would judge whether or not you are competent?
How can capability issues be instigated?How do you manage capability?
How can the principles of justice be upheld when human interpretation of regulations and legislation may be arbitrary?
Would CToS be a mechanism to remove someone of whom the hierarchy does not approve? / Capability is about what you do, how you do it, the skills that you bring. A capability procedure is a process for improving performance where it falls below an acceptable standard or minimum.
A disciplinary procedurecovers standards, codes of professional conduct and sanctions. The new common tenure arrangements do not allow for a capability and CDM process to run in parallel in relation to the same issue. A discovery in a capability process may lead to a CDM issue. The outcome of a CDM issue may result in a capability procedure.
A formal capability process can only be started once an informal process has been exhausted. It will be up to the Bishop to instigate a capability enquiry and he will nominate an appropriate person to instigate the process. The appropriate person will be a member of Bishop’s Staff and will usually be an archdeacon.
A national code of practice setting out the minimum requirements at each stage will be approved by General Synod early in 2010. At a local level, dioceses will be able to add to the process (e.g. we may set variable lengths of time in which to see improvements or different ranges of support).
An individual cannot appeal against a capability process being instigated and will be expected to respond to it.
Each of the formal stages of the procedure require a panel - not an individual, to agree the decision to issue a warning or remove from office. There are rights of appeal to a different panel at every stage.
Panels will be made up of a number of other senior clergy, clergy representatives and laity representatives. At the most serious level (dismissal and dismissal appeal) independent external senior clergy and lay representatives nominated by the diocesan Bishop and the Archbishop will sit on the panel. Ultimately clergy who areremoved from office may then appeal to an employment tribunal.
Managing the capability process will require details and clarity of feedback from the Archdeacon (or other appointed person), advice and guidance on the process from the HR Manager and possibly the involvement of a colleague or union representative if appropriate. It will always be hoped that any capability process will never result in dismissal. The diocese will do what it reasonably can to offer appropriate support.
The principles of natural justice are incorporated into the national codes of practice. These include:
The notion of fair and due process
The right to know what the issues are
Notice of formal decision making processes and possible/potential outcomes and risks
The right to be heard, the right of response and the right to know what has been said and to challenge it
That decisions made will take into account relevant judgements, considerations and extenuating circumstances and will ignore issues that are not relevant
You cannot deliberately ‘manage someone out’ through capability. The panels at each stage provide checks and balances for fair and due process. An individual will have the right of recourse to an employment tribunal if they are removed from office following a capability procedure.
10a
10b / How will the statement of particulars be drawn up (process, by whom etc.)?
How will a language of vocation be used and understood within the statement of particulars? / The draft statement of particulars for all clergy will be drawn up in the first few months of 2010. There will be a covering letter explaining what is included and why and an invitation to come and talk it all through in a series of one to one surgeries which will be held in the spring. Timings will be available on our website and will be sent in clergy mailings.
The statements are the facts surrounding the terms of the appointment of the office holder so hopefully there will not be too many issues or discrepancies.
As the statementsare factual they will not tend to include vocational language.When outlining the expectation to respond to or seek reconciliation, vocational language will be used. More appropriately the language of vocation will be set out within the roles and responsibilities documentation.
11a
11b
11c
11d / Can we have an example of what the rights and responsibilities would look like?
What voice does the office holder have in the roles and responsibilities and the statement of particulars?
How specific will the statement of particulars and roles and responsibilities be?
What resources will the diocese provide in order to allow clergy to take time off? / Yes. In January 2010 a template of a statement of particulars and a roles and responsibilities document will be available through the website for information.
From Easter 2010 we are planning to use the roles and responsibilities document as part of the appointment process for all new. We will begin to work with parishes and benefices at the start of their vacancy from April 2010 onwards.
For current clergy the Bishop or a member of senior staff, may, where there are local problems, decide that a roles and responsibilities document needs be developed for that office in order to seek clarity and enable objective setting. A group including the individual, the churchwardens, the area dean, the archdeacon and the patrons may work to develop this within a reasonable set timeframe.
Across the diocese it is recognised that many clergy work very long hours and some are not very good at taking the time off that they should!
Time off and the expectations of the parish need to be clear from the outset. Clergy have the right to their time off and time for reflection, relaxation and time with their families and friends. Where there are problems or where they feel they cannot take this time this mustbe discussed with their churchwardens.
It may be that the area dean and/or the archdeacon need to be involved, to help explain things to parishes where expectations are unrealistic. They may also support an individual member of clergy to help them either work to their commitment via a working agreement, or to review working practices with the individual to establish what is going wrong and look at appropriate support.
12a
12b
12c / How can we be assured that roles and responsibilities are realistic?
Objectives must be measurable to be meaningful but much of ministry is not quantifiable in these terms. Does this mean task driven ministry?
What might happen if objectives are not achieved? / For new appointments it will be necessary for archdeacons, area deans and clergy offering interim support, to help parishes/benefices look realistically at what they want/need and then work jointly on the documentation. Focusing on the reality of objective setting will be part of ministerial and episcopal reviews.
During reviews there will be space to lookcarefully at the support someone might need to either be able to achieve a particular objective, or to help them talk to their church representatives e.g. churchwardens about why objectives are either unrealistic/unachievable as well as any other issues.
Any objective agreed needs to include examples of how it can be reviewed.
There maybe objectives that can’t be met for different reasons and so at the next round of reviews it will be important to talk these through with confidence and reflect on new ways forward. Objectives need the agreement and participation of the clergy concerned. They cannot be imposed without discussion.
13a
13b / Will parishes have better guidance for forming job adverts?
What processes are being put in place to have a good transition during a vacancy (e.g. looking at events and needs for the future)? / Yes. From Easter 2010 there will be a diocesan resource pack available. This will include an appointment and selection process and checklist, guidance from the archdeacons about managing a vacancy and the agreed timeline.
The Archdeacon, possiblywith help from Area Deans and interim clergy, will help parishes review the situation and form realistic expectations for the future.
There will also be guidance for on completing parish profiles and the roles and responsibilities documentation. (National guidance is already available we are developing our own diocesan template.)Parishes will be given ideas for adverts and wording and advice and support from the HR Manager on
interviewing skills and questions.
14a
14b / Will Non Stipendiary Ministers have a statement of particulars that clarifies diocesan and parish expectations?
What flexibility will be built into CME/D to recognise availability of Ministers, especially NSM/MSEs? / Yes. NSMs will have a statement appropriate to their situation and appended to their current working agreement. Where the working agreement is either out of date or hasn’t been done, it will need to be agreed with all parties concerned. The working agreement must take into account availability and be realistic about objectives and timescales. Timings will be arranged when the draft statements are sent outin April and May 2010. A draft template will be attached to the letter for use where an agreement needs to be created or updated.