| 16. |
Non-renewal of a fixed-term contract |
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(1) |
The Vice-Chancellor or his or her nominated representative shall, in every case where a fixed-term contract is due to terminate, consider whether that contract should be renewed or extended or a contract of indefinite duration should be offered, having given an opportunity to the member of staff to make representations. |
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(2) |
A decision neither to renew nor to extend a fixed-term contract nor to offer a contract of indefinite duration under the preceding paragraph must be justified on the basis of transparent, necessary and objective reasons, as set out by Ordinance. |
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(3) |
A member of staff whose fixed-term contract is not renewed or extended on termination or is not offered a contract of indefinite duration shall be given full reasons for the decision and shall be entitled to appeal to a panel in accordance with a procedure to be prescribed by Ordinance. |
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(4) |
The panel, whose decision shall be final, shall consider whether the reasons advanced in support of the decision are reasonable and can be supported. |
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| 17. |
Probationary appointments |
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(1) |
This clause shall apply to members of staff who have been appointed subject to review after a period of probationary service. |
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(2) |
The Council shall by Ordinance prescribe a procedure under which staff on probation shall be reviewed and shall include provision for non-confirmation in post during or at the end of the probationary period if their performance is found to be deficient or for any other substantial reason or reasons they are judged unsuitable to be confirmed in post. |
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(3) |
The review referred to in sub-clause (2) may encompass matters which, in other circumstances, would fall to be dealt with under Parts II, III or IV of this Statute: however, the procedure prescribed in accordance with clause 17(2) shall always apply in relation to those members of staff to whom clause 17(1) above applies. |
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(4) |
A member of staff who is not confirmed in post during or at the end of his or her probationary period shall be given full reasons for the decision and shall be entitled to appeal the decision to a person designated by the Vice-Chancellor or his or her nominated representative in accordance with a procedure to be prescribed by Ordinance. |
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| 18. |
Dismissal by reason of retirement |
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(1) |
This clause covers dismissals by reason of retirement at or over the normal retirement age. |
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(2) |
Dismissals covered by sub-clause (1) above shall be handled in accordance with a procedure prescribed by Regulation. |
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| 19. |
Dismissal on other grounds |
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(1) |
This clause covers dismissals on any ground falling within the Ordinance prescribed under clause 3 (2) other than those covered by Parts II, III, IV or clauses 16, 17, 18 or 20 of Part V of this Statute, namely:— |
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(i) |
some other substantial reason of a kind such as to justify the dismissal of a member of staff holding the position which the member of staff held; |
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(ii) |
that the member of staff could not continue to work in the position which he or she held without contravention (either on his or her part or on that of the University) of a duty or restriction imposed by or under an enactment. |
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(2) |
Dismissals covered by sub-clause (1) above shall be handled in accordance with a procedure prescribed by Ordinance, which shall include:- |
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(i) |
in respect of a dismissal for some other substantial reason of a kind such as to justify the dismissal of a member of staff holding the position which the member of staff held: the right to be heard by a panel and the right to appeal to a panel; |
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(ii) |
in respect of a dismissal occasioned by the fact that the member of staff could not continue to work in the position which he or she held without contravention (either on his or her part or on that of the University) of a duty or restriction imposed by or under an enactment: the right to appeal to a person designated by the Vice-Chancellor or his or her nominated representative - provided, however, that any such process shall not fetter the University’s ability to dismiss a member of staff promptly so as to comply with a statutory duty. |
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| 20. |
Clinical staff |
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(1) |
This clause applies to a member of staff who is required to engage in clinical work or activities and for that purpose to be registered with the General Medical Council, Dental Council, Health Professions Council or similar body and/or to have an honorary or substantive contract or status with a National Health Service trust or similar body, and may by Ordinance be extended to other groups of staff in a similar situation. |
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(2) |
Where the registration, contract or status referred to in sub-clause (1) above is terminated, withdrawn or revoked, the Vice-Chancellor or his or her nominated representative may, having first afforded an opportunity to the member of staff concerned to make representations, dismiss the member of staff concerned; and where the registration, contract or status is suspended, the Vice-Chancellor or his or her nominated representative may suspend the member of staff from employment for so long as the registration, contract or status is suspended. Suspension from employment shall be without pay where the registration, contract or status has been suspended as a substantive disciplinary measure. |
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(3) |
The Council shall by Ordinance prescribe a procedure to be followed, which shall include the right of appeal with respect to actions taken under this clause. |
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(4) |
Where the action taken is dismissal, the right of appeal shall be to a panel constituted under the provisions of Clause 4. |
