| 1. |
Application |
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(1) |
This Statute applies to the following: |
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(i) |
the members of the academic staff (subject to clause 1(2) below and to the proviso that the redundancy provisions contained in Part II shall not apply to those members of staff described in clause 5 (1) below); |
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(ii) |
such other members of staff or categories of staff of the University as are brought within its scope by the Council in an Ordinance; |
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and "member of staff" and "members of staff" in this Statute mean that member of staff or those members of the staff to whom this Statute applies. |
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(2) |
Clause 2 (1) (i) (which relates to academic freedom) shall apply only to such members of staff and under such terms and conditions as the Council shall by Ordinance prescribe. |
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(3) |
This Statute as amended from time to time will override any provision in any contract, term or condition of employment which is inconsistent with this Statute, whether dated before or after the commencement of this Statute, but – |
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(i) |
it shall not affect the validity of any compromise agreement under section 203 of the Employment Rights Act 1996, or any similar waiver or agreement permitted by law; and |
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(ii) |
it shall not preclude any member of staff deciding or agreeing to terminate employment with the University, whether by voluntary severance, early retirement or otherwise, on whatever terms have been agreed. |
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(4) |
Parts II to V of this Statute shall not apply to removal from office as Pro Vice-Chancellor, Dean, Associate Dean or Head of School, or such other posts as have been designated by the Council, to which a member of staff has been elected or appointed and which is distinct from that individual’s substantive post, where dismissal from the substantive post is not contemplated. The Council shall instead by Ordinance prescribe a procedure for handling such removals prior to the prescribed or normal termination date, which shall include a hearing and an appeal. |
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(5) |
This Statute shall not apply to the President and Vice-Chancellor, even if he or she is also the holder of an academic post. |
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| 2. |
General principles of construction and application |
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(1) |
This Statute and any Ordinances or Regulations made under it shall be construed in every case to give effect to the following guiding principles: |
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(i) |
to ensure that those members of staff identified in the Ordinance prescribed by clause 1(2) above have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, with due regard for the need to respect others and promote the best interests of the University and academic learning, without placing themselves in jeopardy of losing their jobs or privileges; |
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(ii) |
to enable the University to provide education, promote learning and engage in research efficiently and economically; and |
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(iii) |
to apply the principles of justice and fairness. |
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(2) |
Where there is any issue as to the meaning of “academic freedom” in any proceedings under Parts II, III, IV, V or VI of this Statute, regard shall be had to Sections VI and VII of the Recommendation concerning the Status of Higher-Education Teaching Personnel adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organisation (UNESCO) in Paris on 11 November 1997. |
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(3) |
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. |
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(4) |
Any reference in this Statute to the “President and Vice-Chancellor or his or her nominated representative” shall be taken to mean the President and Vice-Chancellor or such person as he or she shall nominate in his or her stead. |
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| 3. |
Dismissal |
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(1) |
For the purpose of this Statute, "dismissal" shall have such meaning as shall be ascribed to it by Ordinance. |
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(2) |
A member of staff may be dismissed if that dismissal is, inter alia, for a reason set out in the Ordinance referred to in clause 3(1) above. |
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(3) |
(i) |
A dismissal by reason of redundancy (other than one where any of clauses 16, 17 or 20 applies) shall be handled in accordance with Part II; |
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(ii) |
a dismissal for disciplinary or capability reasons (other than one where any of clauses 16, 17 or 20 applies) shall be handled in accordance with Part III; |
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(iii) |
a dismissal on health grounds (other than one where any of clauses 16, 17 or 20 applies) shall be handled in accordance with Part IV; |
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(iv) |
a dismissal by reason of retirement at or over the normal retirement age shall be handled in accordance with Part V; and |
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(v) |
a dismissal on any other grounds, including the non-renewal of a fixed-term contract, shall be handled in accordance with Part V. |
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(4) |
If a dismissal may be handled in accordance with more than one Part, the President and Vice-Chancellor or his or her nominated representative shall determine under which Part the dismissal shall be handled. |
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| 4. |
Hearing, appeal and grievance panels |
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(1) |
Any panel established pursuant to clauses 8(1), 10(ii)(e) and (j), 11(2)(iv)(d) and (g), 15(2), 19(2)(i), 20(4) and 21 (5) of this Statute shall consist of three persons, none of whom shall previously have had any involvement with the case, one of whom shall be a lay member of Council and one a member drawn from a list agreed from time to time by the Senate. |
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(2) |
Ordinances may provide for any relevant National Health Service or other relevant body to be represented on any panel established under this Statute to deal with a member of staff falling within clause 20(1) below and for the panel to be enlarged for this purpose. |
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(3) |
At any panel within sub-clause (1) above, the member of staff shall be entitled to be represented or assisted by a Trade Union or workplace representative. |
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(4) |
Any panel within sub-clause (1) above shall give a reasoned decision in writing which shall be provided to the member of staff and reported to the Council. |
