Ordinances Under Statute 6 Policy

Statute 6: Relating to the Discipline, Dismissal, Removal from Non-Substantive Positions and Grievances of Staff

1. Introduction
This Statute relates to the discipline, dismissal, removal from non-substantive positions and grievances of staff. Except where indicated to the contrary, this Statute applies to all members of staff.

2. General Principles of Construction and Application
2.1 This Statute and any rules and ordinances made under it shall be applied and construed in every case having regard to the following guiding principles:
(i) to ensure that members of academic staff have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs or any privileges they may have at the University;
(ii) to enable the University to provide education, promote learning and engage in research efficiently and economically; and
(iii) to apply the principles of justice and fairness.
2.2 Any reference in this Statute to a provision in an Act of Parliament shall be taken to be a reference to that provision as it may have been amended or superseded from time to time.
2.3 For the purposes of this Statute the following terms shall bear the following meanings:-
(i) “dismissal” shall bear the same meaning as in section 95 of the Employment Rights Act 1996;
(ii) “dismissal by reason of redundancy” shall bear the same meaning as in section 139 of the Employment Rights Act 1996;
(iii) “Academic Staff” are those members of staff as defined in the General Provisions Applicable to All Ordinances.
2.4 The power to dismiss staff by reason of redundancy, and the ordinances prescribed in relation to such power, under this Statute shall not apply to those staff defined in sub-sections (3) to (6) of section 204 of the Education Reform Act 1988 (academic staff appointed prior to, and not promoted after, 20 November 1987) who shall for this purpose continue to be subject to such powers, if any, as applied to them prior to the introduction of the Statute made by the University Commissioners in the exercise of their powers under sections 203 and 204 of the Education Reform Act 1988.

3. Discipline
3.1 The Vice Chancellor, or other designated person or persons, may discipline any member of staff.
3.2 Where a staff member has been disciplined pursuant to Clause 3(1) that staff member may appeal against that decision to a designated person.

4. Dismissal
4.1 The Vice Chancellor, or other designated person or persons, may dismiss any member of staff either with or without notice, depending on the circumstances of the case.
4.2 Where a staff member has been dismissed pursuant to Clause 4(1) that staff member may appeal against the dismissal to a designated person.

5. Grievances
5.1 Any member of staff may seek redress of any grievances relating to that staff member’s employment.
5.2 If the member of staff is dissatisfied with the outcome of a grievance, that staff member may appeal against that decision to a designated person.

6. Ordinances
The Council shall from time to time (following consultation with trade unions) make and amend ordinances specifying designated persons to be appointed and procedures to be followed in the exercise of the powers and duties contained in this Statute, such ordinances to cover but not be limited to the following:-
6.1 Redundancy;
6.2 Non-renewal of fixed term contracts and redundancy by way of termination of fixed term funding streams
6.3 Conduct and other substantial reasons for dismissal;
6.4 Capability and performance;
6.5 Incapacity on health grounds;
6.6 Termination of probationary appointments;
6.7 Retirement;
6.8 Termination on grounds of illegality;
6.9 Termination of non-substantive positions;
6.10 Staff grievances;
6.11 Appeals;
6.12 General provisions.


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