1. This Section and any Ordinance or Regulation made under this Section shall be construed in every case to give effect to the following guiding principles, that is to say:
   
   
   1. to ensure that 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 privileges;
      
      
   2. to enable the University to provide education, promote learning and engage in research efficiently and economically; and
      
      
   3. to apply the principles of justice and fairness.

2. No provision in Part II or Part III of this Section shall enable the body or person having the duty to reach a decision under the relevant Part to dismiss any member of the academic staff unless the reason for his or her dismissal may in the circumstances (including the size and administrative resources of the University) reasonably be treated as a sufficient reason for dismissing him or her.

3. (1) This Section shall apply:
   
   
   1. to the members of the academic and academically-related staff of the University;
      
      
   2. to the Secretary and Registrar,Director of Academic Services and Director of Student Services;
      
      
   3. to the Vice-Chancellor to the extent and in the manner set out in the Annex to this Section.
   
   (2) In this Section any reference to "academic staff" is a reference to persons to whom this Section applies.

4. In this Section "dismiss" and "dismissal" mean dismissal of a member of the academic staff and:
   
   
   1. include remove or, as the case may be, removal from office; and
   2. in relation to employment under a contract, shall be construed in accordance with section 55 of the Employment Protection (Consolidation) Act [1978].

5. (1) For the purposes of this Section "good cause" in relation to the dismissal or removal from office or place of a member of the academic staff, being in any case a reason which is related to conduct or to capability or qualifications for performing work of the kind which the member of the academic staff concerned was appointed or employed to do, means:
   
   
   1. conviction for an offence which may be deemed by a Tribunal appointed under Part III to be such as to render the person convicted unfit for the execution of the duties of the office or employment as a member of the academic staff; or
      
      
   2. conduct of an immoral, scandalous or disgraceful nature incompatible with the duties of the office or employment; or
      
      
   3. conduct constituting failure or persistent refusal or neglect or inability to perform the duties or comply with the conditions of office; or
      
      
   4. physical or mental incapacity established under Part IV.
      
      
   (2) In this paragraph:
   
   
   1. "capability", in relation to such a member, means capability assessed by reference to skill, aptitude, health or any other physical or mental quality; and
      
      
   2. "qualifications", in relation to such a member, means any degree, diploma or other academic, technical or professional qualification relevant to the office or position held by that member.

6. For the purposes of this Section dismissal shall be taken to be a dismissal by reason of redundancy if it is attributable wholly or mainly to:
   
   
   1. the fact that the University has ceased, or intends to cease, to carry on the activity for the purposes of which the member of the academic staff concerned was appointed or employed by the University, or has ceased, or intends to cease, to carry on that activity in the place in which the member concerned worked; or
      
      
   2. the fact that the requirements of that activity for members of the academic staff to carry out work of a particular kind, or for members of the academic staff to carry out work of a particular kind in that place, have ceased or diminished or are expected to cease or diminish.

7. (1) In any case of conflict, the provisions of this Section shall prevail over those of any other Section and over those of the Ordinances and Regulations, and the provisions of any Ordinance made under this Section shall prevail over those of any other Ordinance: provided that Part III of the Annex to this Section shall not apply in relation to anything done or omitted to be done before the date on which the instrument making these modifications was approved under sub-section (9) of section 204 of the Education Reform Act [1988].
   
   (2) Nothing in any appointment made, or contract entered into, shall be construed as over-riding or excluding any provision made by this Section concerning the dismissal of a member of the academic staff by reason of redundancy or for good cause: provided that nothing in this sub-paragraph shall prevent waivers made under section 142 of the Employment Protection (Consolidation) Act [1978] from having effect.
   
   (3) Nothing in any other Section or in any Ordinance or Regulation made thereunder shall authorise or require any officer of the University to sit as a member of any Committee, Tribunal or body appointed under this Section or to be present when any such Committee, Tribunal or body is meeting to arrive at its decision or for the purpose of discussing any point of procedure.
   
   (4) References to numbered Parts, paragraphs and sub-paragraphs are references to Parts, paragraphs and sub-paragraphs so numbered in this Section.

Submitted by the Editors
on behalf of the the Secretariat.
Last reviewed: 30/08/06
© University of Southampton