| 5. |
Application |
| |
(1) |
The procedures prescribed under this Part shall not apply to those staff defined in sub-sections (3) to (6) of section 204 of the Education Reform Act 1988 [staff appointed prior to, and not promoted after, 20 November 1987], who shall for this purpose continue to be subject to such procedures, if any, as applied to them prior to the introduction of the Statute made by the University Commissioners in the exercise of their powers under sections 203 and 204 of the Education Reform Act 1988. |
| |
(2) |
This Part shall not apply to the non-renewal of a fixed-term contract, which shall be dealt with under clause 16 below. |
| |
|
|
|
| 6. |
Definition of "redundancy" |
| |
Subject to clause 5(2) above, dismissal by reason of redundancy for the purpose of this Part shall have such meaning as shall be ascribed to it by Ordinance. |
| |
|
|
|
| 7. |
Procedure for dismissal by reason of redundancy |
| |
(1) |
The Council shall by Ordinance prescribe the procedures for dismissing members of staff on grounds of redundancy, which shall include the following: |
| |
|
(i) |
a preliminary stage involving consultation with appropriate representatives and discussion with the staff concerned; |
| |
|
(ii) |
a determination by the Council, after appropriate consultation and discussion, that the circumstances are such that the procedures should be instituted; |
| |
|
(iii) |
a procedure which allows each staff member concerned, having been informed of the selection criteria to be employed, to make written and oral representations on his or her behalf; |
| |
|
(iv) |
provision for a Redundancy Committee of the Council to be set up in the case of whole FacultySchool, academic discipline or department closure. The Redundancy Committee shall include at least one lay member of the Council and shall review any proposed dismissals on grounds of redundancy; |
| |
|
(v) |
provision for informing any member of staff dismissed under this Part of the reasons for the dismissal and, where selection has taken place, why he or she was selected; and |
| |
|
(vi) |
authorising the Vice-Chancellor or his or her nominated representative to dismiss any member of staff selected for dismissal under this Part and requiring reports of dismissals to be submitted to the Council. |
| |
(2) |
The procedures set out in sub-clauses (iii) to (vi) of clause 7(1) above may be used only after the Council has made a determination under clause 7(1)(ii) above. |
| |
|
|
|
| 8. |
Appeal against dismissal by reason of redundancy |
| |
(1) |
The Ordinance prescribed under clause 7(1) above shall include provision for an appeal to a panel by a member of staff who has been given notice of dismissal under this Part. |
| |
(2) |
The panel shall be entitled to review all aspects of the matter other than the Council’s determination under clause 7(1)(ii) above. |
| |
(3) |
The panel shall have the power to reach a final decision on the matter or to remit the matter for further consideration by the body whose decision is being appealed. |
