Suspension and Dismissal of Staff
- The Chair of the Board of Governors, or in the absence of the Chair the Deputy Chair, may suspend from duty, with pay, the holder of a senior post for misconduct or other good and urgent cause including but without limitation the need to investigate confidentially any matter in which the holder of such senior post is directly or indirectly involved. The Chair, or Deputy Chair, shall report such suspension in writing to the Board of Governors within two working days or as soon thereafter as practicable.
- The Principal may suspend from duty, with pay, any member of the staff of the University, other than the holder of a senior post, for misconduct or other good and urgent cause. The Principal's powers of suspension or dismissal may be delegated by the Principal in accordance with a scheme approved by the Board of Governors and in accordance with these Articles.
- Anyone who is suspended from duty under Article 10.1 or 10.2 shall be entitled to receive from the Principal, or in the case of the holders of senior posts from the Chair or Deputy Chair of the Board of Governors, written notification of the suspension, setting out the grounds on which the decision to suspend has been taken.
- Procedures for the suspension of staff under Articles 10.1 or 10.2 shall be specified in rules made by the Board of Governors after consultation with the staff.
The rules shall include provision that:
(a) although suspension is not considered to be a disciplinary remedy, any person who has been under suspension for one month or more may appeal in writing to the Board of Governors against the suspension, save that no such right of appeal shall lie if the person is the subject of a reference to a Special Committee under Article 10.5 or of a notification from the Principal under Article 10.12;
(b) any appeal made under Article 10.4(a) shall be considered as soon as practicable; and
(c) a suspension against which an appeal is made shall continue to operate pending the determination of the appeal.
(i) Holders of senior posts including the Principal and the Clerk
- If the Chair of the Corporation, or in the absence of the Chair, the Deputy Chair, or a majority of the members of the Board of Governors, consider that it may be appropriate for the Board of Governors to dismiss the holder of a senior post, then the Chair, Deputy Chair or the Board of Governors as appropriate shall refer the matter to a Special Committee of the Board of Governors, which shall be convened as soon as practicable to examine the case for dismissal and to make a report to the Board of Governors.
- The person whose dismissal is to be considered by the Special Committee shall have the right to make representations to the Committee, including oral representations, for which purpose that person may be accompanied and represented by a friend.
- The Special Committee shall prepare a written report for consideration by the Board of Governors, a copy of which shall be sent to the person to whom it relates. The report shall set out facts relating to the case and any considerations which the Special Committee considers should be taken into account in the Board of Governors' consideration of the matter. The report should not contain recommendations as to the decisions to be taken by the Board of Governors.
- The Board of Governors shall consider the report of the Special Committee and take such action as it considers appropriate, which may include the dismissal of the person concerned. The person concerned shall have the right to make representations to the Board of Governors, including oral representations for which purpose that person may be accompanied and represented by a friend.
- The Special Committee shall consist of three members of the Board of Governors. The Chair of the Board of Governors, the Deputy Chair and the Principal shall not be eligible for membership of the Special Committee.
- The Board of Governors shall make rules specifying procedures for the conduct of the Special Committee and other aspects of the procedures set out in Articles 10.5 to 10.9.
(ii) Other Members of Staff
- The Principal may dismiss any member of the staff other than the holder of a senior post and if the circumstances are such that the Principal is entitled to do so by virtue of the conduct of that member of staff that dismissal may take immediate effect without any need for prior notice.
- Where the Principal proposes to dismiss such a member of staff and the circumstances are such that immediate dismissal under Article 10.11 is not applicable the Principal shall notify the member of staff concerned of that proposal. That staff member shall be given an opportunity to make representations to the Principal (including oral representations, for which purpose the staff member may be accompanied and represented by a friend) before any decision to dismiss by the Principal is taken.
- Where a staff member has been dismissed pursuant to Article 10.11 or a decision to dismiss has been taken pursuant to Article 10.12 that staff member may appeal against the dismissal or decision, as the case may be, to the Board of Governors who may delegate the responsibility for hearing the appeal to an Appeal Committee of members of the Board of Governors whose decision shall be final. A decision to dismiss shall take effect immediately, but if an appeal against a decision to dismiss is successful the staff member shall be reinstated from the date of that decision.
- The Appeal Committee shall consist of three members of the Board of Governors. The Principal and Staff and Student Governors shall not be eligible for membership of the Appeal Committee.
- Further procedures for the dismissal of staff by the Principal, and for the consideration of appeals against dismissals, not being inconsistent with Articles 10.11 to 10.14 inclusive, shall be specified in rules made by the Board of Governors after consultation with the staff. The rules should include rights of representation.