Guidance we can give

Who is an employee?

An employee is someone who works under a contract of employment.

A contract of employment is an agreement between an employer and an employee which sets out their employment rights, responsibilities and duties. From 6 April 2020, organisations will be required to provide a written statement of particulars to both employees and workers from day one of their employment. It is good practice, however, to issue a written contract before the employee commences work.

Within the URC employees are lay staff. The Human Resources office remit covers lay staff but not ministers.

How are URC ministers ‘employed’?

Ministers are 'office holders' who are not subject to terms and conditions of employment. The arrangements by which they hold office are covered by the Plan for Partnership.

Why does the HR office not deal with ministers?

The HR office covers lay employees based at Church House and extends advice to churches or synods that employ lay people or volunteers. URC ministers are looked after by the Ministries Office who will be able to help you with enquiries relating to ministers.

Why does the URC (Church House) not employ staff in local churches?

Lay individuals who work in United Reformed Churches work for a specific local church and therefore that church is their employer. Their contract etc. should be issued by the local church and any employment issues should also be dealt with by the church. The HR office is able to offer advice on employment issues, although we may refer you to your local synod and suggest you seek professional legal advice if necessary.

A contract of employment is a legal requirement for any employee. A contact of employments can be permanent (i.e. open-ended) or fixed-term (temporary).

What is a permanent contract?

A permanent contract means that the staff member is employed where there is no end date to the contract. However, the contract can be terminated by giving notice, as specified within the contract, by either employee or employer. The employer must also give a reason for the termination of a contract.

What is a fixed-term contract?

A contract is ‘fixed-term’, when it ends on a specific date, after a certain event or on completion of a task/project.

Fixed-term employment

The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 ensures that employees on fixed-term contracts are treated no less favourably than comparable employees on permanent contracts. Fixed-term employees must be treated the same as comparable employees on permanent contracts unless there are 'objectively justifiable' circumstances for not doing so (i.e. there is a genuine, necessary and appropriate business reason). This means the same or equivalent (pro-rata) pay and conditions, benefits, pension rights and opportunity to apply for permanent positions within the business or organisation.

Duration of fixed-term contracts

Fixed–term employment lasts for a specified amount of time, for example agricultural workers doing ‘seasonal’ work; covering maternity leave or project work with a fixed date for completion. Fixed-term contracts will normally end automatically when they reach the agreed end date.

Fixed-term contracts may be extended but once an employee has two years' service, they have full employment rights, including in relation to the termination of their employment. This includes redundancy rights even if the job is just coming to the end of its 'term'.

Further advice

Please visit the GOV.UK or contact the HR office if you would like further advice on this.

What is a probationary period?

The main purpose of an employee’s probationary period is to ensure an individual’s capability, reliability and suitability for permanent employment. A probationary period is usually 6 months, but it can be shorter or longer, depending on the role and/or terms of the contract.

If the individual’s performance, attendance and conduct have been satisfactory then the individual should successfully complete their probationary period. As long as the sickness absence record is also satisfactory then the individual should be informed in writing as soon as possible after the end of their probationary period.

If however the individual does not meet the required performance, attendance or conduct standards, an extension to the probationary period may be appropriate.

Extension of Probation

An extension of the probationary period should only be given if there are definitive indications, and not just hope, that the individual will achieve the standard required, given further time to improve. Such an extension (which should be exceptional) would usually be for 3 months.

If there is no hope of the individual’s improvement, the appointment must be terminated at the end of the probationary period. A decision to terminate the appointment can be made at any time during the probationary period, if the individual falls below the required standard and sufficient improvement is not expected. However, correct capability or disciplinary procedures must be followed.

How much holiday should I give my staff?

Full-time employees are currently entitled to 28 days paid annual holiday by law. You may give more than the statutory 28 days, but no less, as long as it written into their contract.

If an employee works less than full-time, the entitlement should be pro rata. It is advisable to calculate part time holiday entitlement in hours rather than days.

Both the employee and the employer should give notice as to when holiday should, or should not, be taken. As an employer you can specify periods that your staff have off – for example a shutdown over Christmas and New Year.

If an employee leaves they have the right to be paid for any accrued holiday that has not been taken.

Are bank holidays included in holiday entitlement?

You do not have to give your employees bank holidays off as paid leave and have the option to include bank holidays as part of the 28 days leave. If you choose to offer bank holidays in addition to the statutory minimum, this should be stated in the contract of employment.

What are fair reasons for dismissal?

The below are potential fair reasons for the dismissal of an employee which include:

1. Misconduct

Dismissal due to misconduct usually means that the employee behaved in an unacceptable way. This may be because of a series of less serious incidents of misconduct. e.g.

• continually missing work;
• refusing to obey instructions; or
• single incident of gross misconduct.

It is vital that you follow a fair disciplinary procedure before dismissing your employee for misconduct/gross-misconduct

2. Capability

Capability refers to two areas:

Poor Performance
This is where the employee is not meeting the standards of the post they are employed to do. This may be due to the employee lacking the necessary skills and aptitude required for the post. The employer will need to determine whether the problem is a result of the employee being unable to do their job (capability) or choosing not to do their job (misconduct – see above).  You should make sure you give your employee adequate training to do their job.

If the employee is not performing to the required standard, you should make sure that you follow a capability procedure. The employee should be warned that their work isn't satisfactory and be given a chance to improve before any action is taken.

Health-related Poor Performance
Health related matters might also impact on an employee’s ability to perform their role. It is expected that in such circumstances the employer will respond sensitively. This may include seeking permission to obtain a medical report for deciding what further action should be taken.

3. Redundancy

Redundancy is a type of dismissal. Redundancies take place for a number of reasons including a lack of work for a particular role, insufficient funding or changes in organisational requirements which may affect staffing needs.
It is important to ensure that the reason for redundancy is fair and also that a sufficient consultation process takes place with your employee(s).

4. Continual employment would be against the law

e.g. where a work permit has expired.

What policies do I have to provide for my staff?

When issuing a contract for your employee, some standard policies should also be provided. You should make sure that the following basic policies are issued:

• Capability procedure;
• Disciplinary procedure;
• Grievance procedure;
• Equalities policy;
• Health & Safety policy;
• Paternity policy;
• Maternity policy; and
• Flexible Working policy

Please contact the HR office if you would like copies of templates of policies (including the above) for local church use.

Can I decide the type of person I want to advertise for?

Your advert should relate directly to the skills and experience needed to do the job rather than focusing on the type of person you require. You should take particular care with the wording of the advert to ensure that you are not being discriminatory, for example - against someone’s age, gender, sexual orientation etc. You cannot ask for ‘a young female’ in your advert as this would discriminate against anyone who is not young and not female. When putting an advert together you should remember to consider the following points:

• draw on the job description and person specification to ensure that you give a realistic picture of the job and are precise about your requirements;
• think carefully about the language and avoid using phrases that, for example, imply age restrictions such as "young graduates" or "mature person". You also should think very carefully about more subtle use of language when advertising roles, e.g. “Energetic” and “Vivacious” could also be problematic as they imply you are hoping to attract younger applicants;
• give clear instructions about obtaining the application form and job information and who to contact; and
• make sure you include a closing date for applications and the interview date(s).

What does the Equality Act 2010 cover?

The Equality Act 2010 details legislation on discrimination and equality.

Basic generic advice on employment law, which will depend on the complexity of the situation. We may direct you to professional legal advice for certain cases.

HR advice to URC churches in the UK covers lay staff only. If you require employment advice relating to ministers, please contact the Ministries office.