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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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