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Comparison of Freehold with Common Tenure

by Michael Ford — last modified 09 Jan, 2013 01:20 PM

Clergy Terms of Service: Comparison of Freehold with Common Tenure


Incumbents on Freehold 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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