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Comparison of Freehold with Common Tenure

Clergy Terms of Service: Comparison of Freehold with Common Tenure


Incumbents on Freehold (current) Incumbents on Common Tenure
The Canons Apply Apply
Capability Procedure Does not apply Applies
Clergy Discipline Measure Applies Applies
Continuing Ministerial Education No legal requirement to participate Bishop has duty to ensure opportunities are afforded to participate in appropriate education or training.Office holders required to participate under Clergy Terms of Service Regulations where it is required by the Bishop following MDR
Grievance Procedure No legal entitlement to make use of Grievance Procedure Legal entitlement to seek redress for grievances under procedure set out in a Code of Practice
Ministerial Development Review (MDR) No legal requirement to participate Bishop has duty to set up and keep under review a scheme for MDR.Office holders required to participate in MDR under Clergy Terms of Service Regulations
Parsonage house Legal title vested in incumbent as corporation sole Legal title vested in incumbent as corporation sole
Removal from office Only following:
  • a breakdown of pastoral relationships;
  • after pastoral reorganisation;
  • ill health;
  • reaching retirement age;
  • disciplinary proceedings
 Only following:
  • a decision to remove from office under the capability procedure;
  • after pastoral reorganisation;
  • reaching retirement age;
  • disciplinary proceedings
Severance Schedule 4 of the Pastoral Measure Schedule 4 of the Pastoral Measure
Sale of parsonage house An absolute veto over the sale of the parsonage house An absolute veto over the sale of the parsonage house
Statement of rights and responsibilities conferred by the Regulations Clergy on freehold not covered by the Ecclesiastical Offices (Terms of Service Measure and Regulations Statement of particulars has to be provided within one month of starting the post
Right to a minimum stipend No Yes – full time stipendiary clergy must be paid at least the National Minimum Stipend
Right to specified time off Not stated A minimum of 36 days’ annual leave and one day off per week
Unfair dismissal No right of appeal Right to appeal to Employment Tribunal if removed from office following capability procedure

 

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