The University will have in place policies and procedures governing its employees. Such policies and procedures where appropriate will apply to all employees to ensure objectiveness, fairness and equity amongst all staff groups.

The University will ensure that where there is demonstrable need for procedural differences between staff groups, these are appropriately reflected in the policies and procedures.

The University will ensure that individuals are appointed on the most appropriate contract recognising the nature of funding for the role to which they have been appointed. The University will seek to minimise the use of fixed term contracts, noting that there are exceptions to this provision, such as, for example postgraduates who teach and those appointed to provide cover for a limited time, for example maternity leave cover.

Excepting where changes arise as a result of amendments to legislation or terminology, the policies governing disciplinary, grievance, redundancy and removal for incapacity on medical grounds will be:

subject to negotiation with Trade Unions with a view to reaching agreement.

subject to final approval by Council after consultation with Senate.

Any reference in this Statute and Ordinance to legislation or terminology, shall be taken to be a reference to that legislation or terminology as it may have been amended or superseded from time to time.

Excepting any changes made in this Statute as a result of legislation or terminology, any subsequent amendments to this Statute 11/ or Ordinance 11 shall be subject to the governance processes in place at the time of amendment.

The University’s policies and procedures will adhere to the following guiding principles:

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 and privileges;

to apply the principles of justice and fairness as prescribed in relevant legislation, regulation and good employment practices; and

to avoid unlawful discrimination and promote equality of opportunity, dignity at work and good relations.

This Statute will apply to:

Academic Staff, employed on Academic (including Clinical Academic) terms of employment.

the Vice-Chancellor to the extent and in the manner set out in the Annex to this Statute.

Council will be the Appropriate Body which decides whether a reduction in the Academic Staff (as defined in Statute 11 (8) (a)) is desirable in all or part of the University, where such a reduction would arise from restructures, reorganisations or closures. In such circumstances, Council will have oversight of any resulting dismissals by reason of redundancy. Council does not require oversight of dismissals which arise under the contract of employment (e.g. the expiry of fixed term appointments or contracts of an indefinite nature linked to identified named funding sources).

In all other respects, the University’s policies and procedures (and where applicable Ordinance 11) will apply.

The University will have in place a procedure for the review of whether Academic Freedom (as defined in Statute 11 (7) (a)) has been infringed in cases involving the potential dismissal of Academic Staff (as defined in Statute 11 (8) (a)) on grounds of:

Gross misconduct

Cumulative misconduct potentially leading to dismissal

Redundancy through the Redundancy Policy and Procedure

The detailed procedure for the review of the potential infringement of Academic Freedom (as defined in Statute 11 (7) (a)) will be laid out in Ordinance 11 .

ANNEX: Provisions as to the Vice-Chancellor

The Council may request its Chair to remove the Vice-Chancellor from office on legitimate grounds in accordance with the procedure described in this Annex.

A complaint seeking the removal from office of the Vice-Chancellor on legitimate grounds must be made by at least three members of the Council to the Chair of the Council and/or from a resolution of Senate.

If it appears to the Chair of the Council that a complaint made to them under sub-paragraph (1) is trivial or invalid, they may recommend to the Council that no further action be taken.

When the Council has appointed a Tribunal under sub-paragraph (2) it will instruct a solicitor or other suitable person to formulate the charge or charges and to present, or arrange for the presentation of, the charges before the Tribunal.

A Tribunal appointed by the Council will comprise:

an independent Chair; and

one member of the Council, not being a person employed by the University; and

one member of the Academic Staff.

Subject to the principles of justice and fairness and good employment practice the Tribunal can determine its own procedure to hear and determine the matter.

The Tribunal will send its decision on any charge referred, together with its findings of fact and the appropriate penalty to the Chair of the Council and to the Vice-Chancellor, drawing attention to the period of time within which any appeal should be made.

Individuals appointed to hear such an appeal will be independent of the University and will comprise:

a Vice-Chancellor or Chair of Council from another University who shall act as Chair; and

two people being nationally renowned Senior Academics external to the University.

The individuals appointed will, subject to the principles of justice and fairness and good employment practice, determine the procedure to be adopted in hearing the appeal.

The individuals appointed to hear an appeal will send their reasoned decision, together with any findings of fact different from those already determined by the Tribunal to the Vice-Chancellor and to the Chair of the Council.

Where a complaint is to be referred to a Tribunal under this Statute, the Chair of the Council may suspend the Vice-Chancellor from their duties and may exclude the Vice-Chancellor from the University or any part thereof without loss of salary.