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You are here » Home» Churchwork» Bishop's Office» Common Tenure

Common Tenure

A new form of tenure for clergy office holders called common tenure is due to take effect from 31 January 2011. Clergy and other office holders will continue to be appointed as vicars, rectors, assistant curates, priests in charge and so on. Under these new arrangements, a post may only be limited to a fixed term in certain specified circumstances¹ and the great majority of office holders may remain in a particular post until they resign or retire.

Common tenure will confer in addition the following rights:

• an entitlement to be provided with a written statement of particulars setting outthe terms of their appointment;
• an entitlement to an uninterrupted rest period of not less than 24 hours in anyperiod of seven days;
• an entitlement to 36 days' annual leave;
• an entitlement to maternity, paternity, parental and adoption leave in accordance with directions given by the Archbishops' Council as Central Stipends Authority;
• an entitlement to request time off, or adjustments to the duties of the office, to care for dependants in accordance with directions given by the Archbishops' Council as Central Stipends Authority;
• an entitlement to spend time on certain public duties other than the duties of theoffice, with the matter being determined by the bishop if there is any dispute;
• access to a grievance procedure; link to procedure and supporting advice
• a right of appeal to an employment tribunal if removed from office on grounds of capability, link to procedure and supporting advice.

Incumbents will continue to have formal legal ownership of the parsonage house by virtue of holding the benefice as corporation sole, and their property rights will be unaffected. Other office holders will acquire the following rights:

• the right to accommodation 'reasonably suitable for the purpose' ;
• the right to object to the disposal, improvement, demolition or reduction of their house of residence;
• the right to have the house of residence kept in good repair by a relevant housing provider (in most cases this will be the diocesan parsonages board);
• access to arbitration where there is a dispute about the performance of therespective obligations of the housing provider and the office holder which cannot be resolved by the grievance procedure;
• where they are not already entitled to compensation, an entitlement to receive toup one year's compensation if displaced as a result of pastoral reorganisation.

Common tenure will confer the following obligations:

• to participate and co-operate in ministerial development review (MDR);
• to participate in arrangements approved by the diocesan bishop for continuing ministerial education (CME);
• to inform a person nominated by the bishop when unable to perform the duties of office through sickness;
• to undergo a medical examination where the bishop has reasonable grounds for concern about the office holder's physical or mental health.

The legislation introduces a capability procedure, which may be instigated where an office holder's performance gives cause for concern, and which may, in the last resort, lead to removal from office in cases where performance is not satisfactory and fails to improve.

The law affecting patronage and the appointments procedure remains unchanged. The Clergy Discipline Measure 2003 and the Canons continue to apply to all clergywhether on common tenure or not.

The Terms of Service legislation will require diocesan bishops:

• to make and keep under review a MDR scheme containing arrangements for a person nominated by the bishop to conduct a review with each office holder in the diocese at least once every two years;
• to have regard to guidance issued by the Archbishops' Council when carrying out MDR; link to guidance
• to ensure that a written record of the outcome of MDR is kept and to have it signed by the office holder and the reviewer;
• to use reasonable endeavours to ensure that office holders in the diocese are afforded opportunities to participate in CME that is appropriate for their ministerial development;
• to make appropriate arrangements to ensure that office holders in training posts are provided with suitable training and are afforded time off work as is necessary to complete it;
• to nominate an officer of the diocese with responsibility for providing statements of particulars and receiving reports of sickness absence;
• to have regard to the Archbishops' Council's codes of practice concerning the capability and grievance procedures.Link to Church of England Website - Common Tenure

All new appointments after 31 Jan 2011 will be on common tenure.

The following will transfer automatically onto common tenure on 31 January 2011: assistant curates, priests in charge, team vicars, residentiary canons on fixed term appointments.

The diocesan bishop is required to write to all clergy with the freehold (including incumbents, team rectors, deans, archdeacons, and residentiary canons not on fixed term appointments) as soon as practicable after 31 January 2011 to ask if they wishto transfer onto common tenure. These clergy remain on their existing terms, unless and until they agree to move onto common tenure (which they may do at any time) or leave their current post.

¹The main categories are as follows: posts designated as created to cover another office holder'sabsence from work; posts held by office holders over 70; posts designated as training posts; posts designated as subject to sponsorship funding; posts designated as probationary office; posts created bybishop's mission order under the Dioceses, Pastoral and Mission Measure or held by an office holder over 70; or posts held in conjunction with another office or employment, which come to an end at the same time as the office or employment with which they are held in conjunction. In addition, Regulation 30 provides that, where the mission and pastoral committee of the diocese has invited theviews of interested parties on proposals for pastoral reorganisation, it will be possible, as an alternative to suspending presentation, to appoint an incumbent subject to pastoral reorganisation, in which case the post comes to an end if the pastoral scheme is made within 5 years, or becomes permanent if the scheme is not made.

June 2010 (Attributed to http://commontenure.org/ on www.churchofengland.org)