The United
Reformed Church response to the DTI "Discussion Document on Employment
Status in relation to Statutory Employment Rights"
The United
Reformed Church welcomes the opportunity to respond to the DTI
discussion document issued in July this year, having participated in the
DTI round-table meetings with other Christian Denominations and other
Faiths.
Before commenting
on any detail of the paper a brief outline of the structures and
ministry of the United Reformed Church is given.
1 United Reformed
Church structures
1.1 The
oversight of the United Reformed Church is the concern both of the local
church and wider representative councils. The councils of the church
are:
the Church Meeting
and the Elders' Meeting of each local church. The Church meeting of the
local church, consists of those persons who have been admitted to the
full privileges and responsibilities of membership of the United
Reformed Church and whose names are included on the membership roll of
such local church. There are some 1,740 local churches;
the council of
each District, of which there are 78 in total;
the synod of
province or nation, known as a Provincial or National Synod, of which
there are 13 in total;
the General
Assembly of the United Reformed Church.
1.2 The
United Reformed Church is a conciliar church. The composition and
functions of the councils of the United Reformed Church are detailed on
pages B2 –B14, section B of the Manual of the United Reformed Church.
2 Ministry in the
United Reformed Church
The United
Reformed Church believes that within the ministry of the whole Church,
certain people have gifts, which the church discerns to be suitable for
their being called to be ministers of the Word and Sacraments. After a
recognised assessment process, preparation and training, they are
declared to be ready to be called by any local church (or group off
churches) in England, Scotland or Wales, to be their minister. The
"call" to ministry is not complete until a local church has extended a
call, following a decision by members voting in Church Meeting, and
concurred by the District Council. There are other special and approved
ministries to which a candidate can be called, but the vast majority are
ordained and inducted to local churches as indicated.
Each local church
pays an amount to the central Ministry and Mission Fund operated by the
General Assembly, and from which stipendiary ministers receive their
monthly stipend. The central system allows economically stronger
churches to support the others.
By comparing the
procedures and structures of the different Church denominations and
other faiths, it can be seen that one solution may not be suitable for
all and consideration of an opt-out system, as suggested at the round
table discussions, may be the most appropriate way forward. The United
Reformed Church would welcome further discussions on the way this might
work in practice.
3 Present
coverage of "employee rights"
The DTI consultation paper, page 2, states that "the main
issues the Government wish to address are whether the present coverage
of employment rights reflects the underlying economic reality of the
employment
relationship and whether a different coverage would better meet its aims
for the labour market".
The paper also
goes into detail about the variety of types of working people, with
particular emphasis on homeworkers, agency workers and casual workers.
We would support the need to provide these working people with the
protection of statutory employment rights.
The stipendiary
ministers of the United Reformed Church enjoy a wide degree of day to
day autonomy in how they conduct their work but also have certain rights
and security not provided to the working people referred to in 3.2 above
and are therefore not in the same category.
The statutory
employment rights discussed within the DTI consultation paper are listed
in Appendix A attached to this document, noting the equivalent rights of
the stipendiary ministry of the United Reformed Church where relevant.
Reference is made
to the United Reformed Church "Plan for Partnership". This is the
document that sets out the sharing of the financial responsibility for
the whole ministry of the United Reformed Church. A copy of the Plan
for Partnership is included with this response.
The Plan for
Partnership is a living document changing to meet the needs of the
modern day. It was last amended and approved by General Assembly in
July 2002. Amongst the changes made was the inclusion of paternity
leave to be introduced in April 2003.
4 Effect of
extending employment rights
The Government is
right to want to see flexibility and choice in the employment
opportunities employers are able to offer.
Whilst the current
coverage of employment rights may be hampering the growth of some
working people in atypical working arrangements, we do not believe that
this applies to stipendiary ministers of the United Reformed Church.
Our current figures do not indicate that there is a shortage of
stipendiary ministry.
Bearing in mind
the vocation and "calling" of ministers it is unlikely that the
extension of employment rights would increase the number of people
considering a vocation in the ministry. There is no evidence from the
meetings of General Assembly that people have been deterred from
ministry because, for instance, there is no access to an Employment
Tribunal.
The United
Reformed Church has written procedures for any church member wishing to
appeal against a decision of any council of the Church. There is no
evidence from the meetings of General Assembly that ministers have
exhausted all these procedures.
The United
Reformed Church acknowledges that there are a few who have a grievance
at the lack of an external review of certain procedures of the church.
Along with some other denominations we express a concern for the
appropriateness of seeking possible redress from Employment Tribunals.
However the United Reformed Church would welcome the opportunity of
exploring the possibility of an independent ecumenical "tribunal" or
body, which would hear appeals of church procedures.
5 Summary of
recommendations
The United
Reformed Church requests the Government to consider a non-statutory
system for the extension of employment rights to stipendiary ministers.
We would commit ourselves to reviewing our existing arrangements to take
account of any employment rights not yet protected within our framework.
The United
Reformed Church is committed to continue regular reviews of the issues
surrounding new employment rights, as demonstrated by the recent changes
to the Plan for Partnership.
The United
Reformed Church structures allow for an open process in decision-making,
and notes that no-one has brought concerns of employment matters to
councils of the church.
The United
Reformed Church is a church in three nations; in England, Scotland and
Wales. Stipendiary ministers who have a need to move from a local
church in one area are free to do so knowing that they can request that
their name be put forward for consideration by local church situations
in any of the three nations.
The United
Reformed Church has in place procedures for appeals, which, although not
statutory, are explicit and part of our understanding of what it means
to be church. We would explore ways of opening these procedures to
external review through, for example, an independent ecumenical
"tribunal".
The following table lists the statutory rights
outlined in the DTI paper "Employment status in relation to statutory
employment rights" noting where applicable any relevant or equivalent
rights provided to stipendiary Ministers of Religion of the United
Reformed Church.
|
Statutory
Right |
United Reformed
Church
Stipendiary
Ministers of Religion
|
Employees
Only |
All
Workers |
|
Written statement
of employment particulars |
Written Terms of
Settlement with reference to the Plan for Partnership |
|
|
|
Itemised pay
statement |
Yes |
|
|
|
Protection against
unlawful deductions from wages |
Yes, in the Plan
for Partnership |
|
|
|
Guarantee payments |
Yes, in the Plan
for Partnership |
|
|
|
Protection in
relation to Sunday trading and Sunday betting |
Not applicable |
|
|
|
Protection for
making a protected disclosure |
Not stated but
applies in practice |
|
|
|
Protection against
detriment for exercising rights in respect of health & safety cases;
Sunday working; trustees of occupational pension schemes; employee
representatives; time off work for study and training; leave for
family and domestic reasons; trade union membership; European Works
Council |
A process exists
whereby a minister could make a complaint in respect of areas that
are applicable |
|
|
|
Protection against
detriment for exercising rights in respect of working time cases;
protected disclosures; national minimum wage; part-time work; right
to be accompanied |
A process exists
whereby a minister could make a complaint in respect of areas
applicable
|
|
|
|
Time off for public
duties |
Not stated but
applies in practice |
|
|
|
Time off work to
look for work or arrange training in the event of redundancy |
Not applicable |
|
|
|
Time off for
ante-natal care |
Yes, in the Plan
for Partnership |
|
|
|
Time off for
dependants |
Not stated, but
would be given in practice with possible consultation with local
church |
|
|
|
Time off for
pension trustees |
Not stated but
given in practice by consultation with the local church |
|
|
|
Time off for
employee representatives |
Not stated but
provided in practice. |
|
|
|
Time off for young
person for study or training |
Better provision.
All ministers are encouraged time off for study and sabbatical leave |
|
|
|
Time off for
members of a European Works Council |
Not applicable |
|
|
|
Remuneration on
suspension on medical grounds |
Remuneration given
if suspended but a minister would not be suspended on medical
grounds |
|
|
|
Suspension on
maternity grounds |
Remuneration given
if suspended but a minister would not be suspended on maternity
grounds |
|
|
|
Ordinary maternity
leave |
Yes, in the Plan
for Partnership |
|
|
|
Additional
maternity leave |
Yes, in the Plan
for Partnership |
|
|
|
Parental leave |
Yes, in the Plan
for Partnership |
|
|
|
Right to notice |
Not applicable |
|
|
|
Written statement
of reasons for dismissal |
Yes, this would be
given in disciplinary cases as detailed in Section O of The Manual
of the United Reformed Church
|
|
|
|
Right not to be
unfairly dismissed (or selected for redundancy) |
There is a process
of appeal, which is part of the rules of procedure for the conduct
of the United Reformed Church, detailed in Section C of the Manual.
There is no legal redress to an employment tribunal |
|
(apart from in
respect of right to be accompanied) |
|
Right to a
redundancy payment |
Not applicable |
|
|
|
Right to an
insolvency payment |
Not applicable |
|
|
|
Protection of
acquired rights on the transfer of an undertaking |
Not applicable |
|
|
|
Right to be
accompanied |
Yes, stated for
disciplinary reasons |
|
|
|
Right to be
informed and consulted through representatives about collective
redundancies |
Not applicable |
|
|
|
Right to national
minimum wage |
Stipend level for
the year 2003 has been set at £17,952 per annum for a 100% scoping,
(ie "equivalent to "full-time") |
|
|
|
Right to rest
breaks, paid annual leave and to maximum weekly working time |
The Plan for
Partnership gives entitlement to 5 weeks holiday and one further
Sunday away from the Pastorate. Ministers are encouraged to take
suitable breaks and to regularly review their workload |
|
|
|
Right for part-time
workers not to be treated less favourably than comparable full-time
workers |
Plan for
Partnership |
|
|
|
Right to belong or
not to belong to a trade union |
Not stated but
accepted |
|
|
|
Time off for
carrying out trade union duties |
Not stated but
accepted |
|
|
|
Right not to suffer
deductions of unauthorised union subscriptions |
Not stated
separately but no such deductions would be made without authority |
|
|
The following
table summarises the coverage of individual employment rights to be
conferred under the Employment Act:
|
Statutory
Right |
United Reformed
Church
Equivalent for
Ministers of Religion
|
Employees
Only |
All
Workers |
|
Right to paternity
leave |
Yes, Plan for
Partnership |
|
|
|
Right to adoption
leave |
Implied but to be
reviewed |
|
|
|
Right to increased
maternity leave |
Yes, Plan for
Partnership |
|
|
|
Right to dispute
resolution procedures |
Yes, covered by
Section C of the Manual |
|
|
|
Time off for union
learning representatives |
Not stated but in
consultation with the local church |
|
|
|
Right for fixed
term employees not to be treated less favourably than comparable
employees in permanent employment |
Not applicable |
|
|
|
Right to request
flexible working for parents of young children |
Ministers have a
right to consult with local church their own work patterns |
|
|
top
