| 9. |
Grounds for disciplinary action |
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Disciplinary action under this Part may be taken, and where found to be appropriate a penalty imposed, in respect of the following: |
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(i) |
conduct amounting to a criminal offence, whether or not there has been a prosecution and conviction, of a kind that is judged in all the circumstances to be relevant to the member of staff’s employment by the University; |
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(ii) |
failure, refusal or neglect to perform some or all of the duties or to comply with some or all of the conditions attaching to the post, or failure, refusal or neglect to perform those duties or to comply with those conditions in a satisfactory or adequate manner; |
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(iii) |
conduct of a kind judged to be inappropriate or unacceptable on the part of a holder of the post held by the member of staff. Examples of such conduct shall be defined by Ordinance, provided that such examples shall not be deemed to be an exhaustive list of all instances of such conduct. |
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| 10. |
Disciplinary procedures |
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The Council shall by Ordinance promulgate disciplinary procedures for members of staff, which shall provide: |
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(i) |
for less serious matters to be dealt with by warnings or other sanctions following an appropriate procedure and for a member of staff to be able to appeal against the imposition of a warning to a person designated by the Vice-Chancellor or his or her nominated representative; and |
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(ii) |
for dealing with more serious matters, which shall include provision for the following: |
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(a) |
reasonable time limits for each stage; |
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(b) |
investigating complaints and dismissing those found to be without substance; |
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(c) |
suspension, at the normal rate of pay, by the Vice-Chancellor or his or her nominated representative pending an investigation or hearing where this is necessary; |
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(d) |
informal resolution, if it appears to the Vice-Chancellor or his or her nominated representative appropriate to do so and if the member of staff agrees in writing that the matter should be dealt with in that way; |
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(e) |
a hearing by a panel appointed by the Vice-Chancellor or his or her nominated representative, at which the member of staff against whom the complaint has been made shall have been informed of the complaint, shall be entitled to be present, to hear the evidence, to call relevant witnesses, and to examine and cross-examine witnesses; |
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(f) |
authority for the panel to regulate its process as appropriate to deal with each case; |
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(g) |
appropriate penalties in addition to warnings and dismissal; |
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(h) |
the award of compensation either to the University or to an individual in respect of any loss caused or damage done; |
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(i) |
designating a member of staff's conduct as constituting "gross misconduct" such as to merit summary dismissal without notice; and |
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(j) |
a right to appeal against the finding of, or penalty imposed by, the panel, including a finding under paragraph (i) above. |
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| 11. |
Capability Procedures |
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(1) |
Grounds for action
Action under this clause may be taken in respect of inability to perform some or all of the duties or to comply with some or all of the conditions attaching to the post; or inability to perform those duties or to comply with those conditions in a satisfactory or adequate manner. |
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(2) |
The Council shall by Ordinance promulgate capability procedures for members of staff, which shall provide: |
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(i) |
for additional support and training where appropriate; |
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(ii) |
for setting targets, timescales for improvement and reviews to assess progress; |
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(iii) |
in respect of less serious matters:- |
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(a) |
for such matters to be dealt with by notifications of concern, warnings or other action following an appropriate procedure; |
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(b) |
for a member of staff to be able to appeal against the imposition of a warning to a person designated by the Vice-Chancellor or his or her nominated representative; |
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(iv) |
for dealing with more serious matters, which shall include provision for the following: |
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(a) |
reasonable time limits for each stage; |
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(b) |
investigating allegations of lack of capability or poor performance and dismissing those found to be without substance; |
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(c) |
suspension, at the normal rate of pay, by the Vice-Chancellor or his or her nominated representative pending an investigation or hearing where this is necessary; |
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(d) |
in cases where dismissal is a possibility, a hearing by a panel appointed by the Vice-Chancellor or his or her nominated representative, at which the member of staff shall have been informed of the allegations of lack of capability or poor performance and shall be entitled to be present, to hear the evidence, to call relevant witnesses, and to examine and cross-examine witnesses; |
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(e) |
authority for the panel to regulate its process as appropriate to deal with each case; |
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(f) |
appropriate sanctions, which shall include, but need not be limited to, warnings and dismissal; |
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(g) |
a right to appeal against the finding of, or sanction imposed by, the panel. |
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| 12. |
Dismissal |
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(1) |
The Vice-Chancellor or his or her nominated representative shall give effect to a decision of a panel that a member of staff should be dismissed: |
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(i) |
where the panel has designated the conduct as “gross misconduct” such as to merit summary dismissal pursuant to clause 10(ii)(i), the Vice-Chancellor or his or her nominated representative shall forthwith dismiss the member of staff; |
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(ii) |
in all other cases: |
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(a) |
where the panel has decided that the member of staff shall be dismissed with notice, the Vice-Chancellor or his or her nominated representative shall issue the notice of dismissal; or |
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(b) |
where the panel has decided that the member of staff shall be dismissed with payment in lieu of notice, the Vice-Chancellor or his or her nominated representative shall dismiss together with payment in lieu of notice. |
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(2) |
Any dismissal or notice of dismissal shall be cancelled, withdrawn or modified if an appeal panel decides that the member of staff should not be dismissed or should only be dismissed with notice. |
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| 13. |
Relationship with Part IV |
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The Ordinances shall make provision for dealing with a case in progress under this Part where it emerges that the member of staff’s conduct or performance may have been wholly or partly attributable to a medical condition, but any proceedings under this Part shall be valid even if they could have been brought under Part IV, and a member of staff may be subject to penalty, including dismissal, under this Part notwithstanding the fact that his or her conduct or performance may have been wholly or partly attributable to a medical condition. |
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| 14. |
Clinical staff |
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Action under this Part or under Part IV may be taken against a member of staff falling within clause 20(1) below in respect of conduct or incapacity arising in connection with that member of staff’s clinical work or activities as if the work or the activities were performed in and for the University. |
