- Grosvenor Road
- Birkdale
- Southport
- Merseyside
- PR8 2ET
Clause 7
EMPLOYEES AND
PAID CONTRACTORS
7.1 To avoid doubt, this
clause does not apply to the appointment of stipendiary ministers or
church-related community workers.
7.2 Appointment to any employed position in
the service of the Church will be made by the charity trustees of the church
funds from which the employee is to be paid. The charity trustees of the
relevant funds will also be party to any contract with an independent
contractor for services to the Church. Unless the services to be rendered are
solely to assist the trustees in their function as such, the following rules will
apply:
a) The creation of a new permanent employed
position or its permanent abolition requires a resolution of the Church Meeting
acting on advice from the Elders’ Meeting.
b) The selection of an employee, the
decision to vary contractual terms or terminate an employment (except for
disciplinary reasons) or the decision to contract or terminate a contract with
an independent contractor are matters for the Elders’ Meeting, on whose
directions the charity trustees are to act.
c) Another church committee may act in
lieu of the Elders’ Meeting under the foregoing paragraph but only by express
delegation from the Elders’ Meeting.
d) The charity trustees are to scrutinise the terms of any contract
of employment or for services before it is concluded, and may defer acting on a
direction in order to allow the relevant Meeting or committee time to consider
any concerns the charity trustees have.
e) The charity trustees are at liberty to
take, without receiving explicit directions, such other measures in relation to
employees as good employment practice may indicate.
7.3 Charity trustees who employ or may
employ staff on behalf of the church will adopt and from time to time review,
subject to the approval of the Church Meeting, written procedures for disciplinary
cases and for the settlement of employee grievances. Disciplinary procedures
are to provide for warnings when appropriate, emergency suspension when
appropriate, a hearing if an employee so requests and for an appeal procedure.
7.4 Charity trustees may
decline to act upon a direction to employ one of their own number or to
contract with a charity trustee for the supply of goods or services, They may
only act upon such a direction if all requirements of charity law in relation
to the remuneration of trustees are satisfied.
7.5 A charity trustee must be
absent from the part of any meeting at which his or her employment or
remuneration, or any matter concerning a contract to which he or she is party
other than as a trustee (including his or her performance in that employment or
the performance of the contract) are discussed.
He or she must not vote on any matter relating to his or her employment
or the contract and must not be counted when calculating whether a quorum of
charity trustees is present for that item of business.