| Disciplinary Procedure |
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Holy Trinity Metropolitan Community Church
Policy Statement
Disciplinary Procedure: Adopted 11th January 2006
1. Purpose and scope
This procedure sets out the action which will be taken in the event of an alleged breach of Holy Trinity Metropolitan Community Church Edinburgh (MCC Edinburgh) rules and bylaws or the UFMCC rules, bylaws and Clergy Code of Conduct. This policy applies to all paid staff working on behalf of MCC Edinburgh. It is a foundational principle of this policy that all disputes should be resolved in accordance with the agreed vision and values of the church and should seek to listen to all parties concerned in a fair, equitable and respectful manner.
2. Principles
If you are subject to disciplinary action:
- This procedure is designed to establish the facts quickly and to deal consistently with disciplinary issues. No disciplinary action will be taken until the matter has been fully investigated;
- At every stage you will be advised of the nature of the complaint, be given the opportunity to state your case, and be represented or accompanied by an advocate of your choice;
- You will not be dismissed for a first breach of discipline except in the case of gross misconduct, when the penalty will normally be dismissal without notice and without pay in lieu of notice;
- You have a right to appeal against any disciplinary action taken against you;
The procedure may be implemented at any stage if your alleged misconduct warrants such action.
- You have the right to be accompanied at a disciplinary hearing by an advocate of your choice.
3. Informal discussions
Before taking formal disciplinary action, your supervisor will make every effort to resolve the matter by informal discussions with you. Only where this fails to bring about the desired improvement should the formal disciplinary procedure be implemented.
4. The Procedure
- Stage 1 – First written warning
If your conduct or performance is unsatisfactory, you will be given a First Written Warning. The warning will be disregarded after 6 months satisfactory service. You may invite the Regional Elder to intervene at this and every stage.
- Stage 2 – Final written warning
If your conduct or performance is still unsatisfactory, a Final Written Warning will be given making it clear that any recurrence of the offence or other serious misconduct within a period of 12 months will result in dismissal.
- Stage 3 – Dismissal (following UFMCC bylaws and process)
If there is no satisfactory improvement or if further serious misconduct occurs, you will be dismissed following a petition signed by 25% of the members of the church or ¾ of the committee. This petition will be sent to the Regional Elder. The Regional Elder will set a time and place of a special congregational meeting, at which you may be accompanied. You will receive a written statement setting out why the church has decided to take disciplinary action. You will be given the right to appeal against the Church’s decision.
Irreconcilable differences
Where there are conflicts or difficulties between you and the congregation the Elder serving the Region shall have the authority to intervene. to provide support and resources and to attend any meetings. You shall not be dismissed for irreconcilable differences without this intervention.
5. Gross misconduct
If, after, investigation, it is confirmed that you have committed one of the following offences (the list is not exhaustive), you will normally be dismissed: theft, damage to church property, fraud, physical assault, gross insubordination, incapacity for work due to being under the influence of alcohol or illegal drugs. While alleged gross misconduct is being investigated, you may be suspended, during which time the normal hourly rate will be paid. Any decision to dismiss will be taken by your employer only after a full investigation.
6. Appeals
If you wish to appeal against any disciplinary decision, you must do so within seven (7)days.
Grievance Procedure
If you have a grievance concerning your employment, please contact your immediate supervisor.
- Stage 1
If you have a grievance about your employment, you should first raise it orally your immediate supervisor, who should give you a reply within two working days.
- Stage 2
If the reply given at stage 1 does not satisfactorily resolve the grievance, you should detail the grievance in writing. The written grievance will then be submitted to the committee.
- Stage 3
If the matter is not resolved satisfactorily within five working days, you may elect to appeal to a meeting of the church, who will give a decision within five working days. This decision will be final.
The UFMCC Clergy Code of Conduct
The UFMCC Clergy Code of Conduct should only be resorted to as a dispute resolution or disciplinary tool after all local procedures have been exhausted.
If internal procedures have found that a clergy person has committed gross misconduct (which is a dismissible offence) this should immediately be referred to the UFMCC Judicial process using the UFMCC Clergy Code of Conduct. The UFMCC Clergy Code of Conduct sets out the professional standards to which all UFMCC ordained clergy must adhere. Additionally clergy students in training, formation, and candidacy are expected to adhere to this Code of Conduct.
It should be noted that UK employment law takes precedence over UFMCC Bylaws and Policy.
Code of Conduct
The UFMCC requires that its clergy act in a professional and appropriate manner. The UFMCC will not condone the behaviors outlined in the Code of Conduct, which was approved by the General Conference in 1995.
Unbecoming Conduct:
1. Pattern of public drunkenness or substance abuse
2. Misappropriation of church funds or property
3. Misuse of the powers of the pastoral office for personal or sexual gain
4. Any sexual relations with persons below the age of consent
5. Non-consensual physical abuse or violence
6. Sexual relations between supervisors and those they supervise or counselors and those they counsel
7. Pattern of deceit or dishonesty
8. Creating a person-centered ministry rather than a Christ-centered ministry, i.e. creating emotional dependency on the pastor, abuse of authority, divisiveness
9. Knowingly violating the sanctity of another person’s relationship covenant
10. Inappropriate violation of confidentiality
11. Sexual harassment, i.e. any sexually related behavior that is unwelcome, offensive, and which fails to respect the rights of others (see Sexual Misconduct Policy below)
12. Engaging in any type of psychological counseling for which they are not licensed as required by applicable civil laws and do not hold appropriate credentials. UFMCC clergy credentials do not license one to do such counseling
Disloyalty
13. Patterns of deliberate or malicious acts which damage or bring harm to a person, a congregation or other church body within the UFMCC
14. Initiating or performing a ministry which is unauthorized and unaccountable to UFMCC
15. Undermining the authority and ministry of the pastor
Dereliction of Duty
16. A pattern of deliberate non-attendance at UFMCC General or Regional Conferences (a minimum of one conference in two years is required)
17. A pattern of ministry that leaves churches weakened rather than strengthened
18. Leading a church into unreasonable indebtedness or other breach of fiduciary responsibilities
19. Negligent supervision
20. Failure to report acts of misconduct
Sexual Conduct: MCC Edinburgh also adheres to the UFMCC Policy on Sexual Misconduct as outlined in the UFMCC Clergy Manual.
Signed: _____________________________ Date: __________________________
(Employee)
Signed: _____________________________ Date: __________________________
(Supervisor)
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