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Church denies union claims of employment rights revolution 1

Finance | Celina Ribeiro | 30 Sep 2008

The Church of England has dismissed claims by a union that employment conditions for all clergy are about to undergo the biggest change since the Reformation.

In a Birmingham employment tribunal hearing still under way, the Diocese of Worcester conceded that Reverend Mark Sharpe, Rector of Teme Valley South, is a ‘worker’. Historically the Church of England has classified clergy as employed by God, not by the Church, thus exempting them from being subject to employment law applicable to official workplaces such as health and safety procedures and family-friendly work practices.

“We are poised for the biggest raft of employment benefits for ministers in the Church of England since it came into being under Henry VIII’s Reformation in the 1530s. It will also have big implications for other faith groups,” said Rachael Maskell, community and non-profit sector officer at Unite.

“It clearly states that [Revd. Sharpe] is a worker as defined in the Employment Rights Act 1996 and therefore it has universal application to all people in the same situation, which is all ministers who are office holders.”

‘No implications’ for other clergy

The Church, however, says that the tribunal case has no impact on the status of any clergy outside the case itself. Agreeing to consider Revd. Sharpe a ‘worker’ was a requirement to allow the case to move forward, said Sam Setchell, a spokesperson for the Diocese of Worcester.

“The Unite union is making much of a legal technicality that is part of the normal preliminaries to a tribunal. It does not have the wide-ranging implications claimed,” said Ben Wilson, a spokesman for the Church of England. “As the union themselves concede, this case is still in its preliminary stages.”

The tribunal is hearing a case brought against the Diocese of Worcester by Revd. Sharpe who alleges that over his three years at the parish he has been subject to verbal abuse and harassment. The Reverend claims that his living conditions were extremely poor; that asbestos was found at his accommodation and that its electricity and heating systems were dangerous. The Diocese of Worcester denies the allegations, but has refused to make further comment while the case is ongoing.

Judicial mediation 

The case is now set for judicial mediation.

“The reason that we’ve taken this case in the first place is because we have been trying to get around the table to resolve the matters and the Church of England wouldn’t meet with us. When somebody is at serious risk of health and safety because the Church has said they don’t have duty of care for that individual, that is why we have to take legal action. Clearly now it has been proven that they do have a duty of care,” said Maskell.

“We want to work with the Church of England to improve working conditions for Unite’s members, but first of all, we need an independent review by the conciliatory service, ACAS, as how this best can occur.”

Clergy ‘content’, insists Church

However, according to its own recent consultations with parish priests, the Church insists that the clergy are content with their status.

“Parish priests have overwhelmingly said that it is essential to their work that they retain the particular protections of their offices, rather than become employees,” said Wilson.

The historic status of clergy as office holders, the Church argues, protects them from interference in their ministry. While an employer may order an employee to do something, a priest and a bishop share mutual responsibility for the members of their parish.

Priests to get new rights

While defending the status of clergy as office holders, the Church has recognised that employment conditions for priests need to be brought into the 21st Century. In July this year, the General Synod passed the Ecclesiastical Offices (Terms of Service) Measure, which is currently being pushed through Parliament and is hoped to receive Royal Assent by the year’s end.

The Measure grants new clergy and other ecclesiastical officers rights to complaints procedures, certain levels of annual leave, parental and adoption leave and, for all officers, the right to a residence “kept in good repair by the housing provider”.

Human resources advisers will also be brought in to the Church of England as part of the reforms to be introduced if the Measure is successfully passed by Parliament.

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