Legal Interlude: Relevant Statutory Provisions

Education Reform Act 1988 (amended 1992), S. 202-205

202: The University Commissioners

(2) In exercising those functions, the Commissioners shall have regard to the need –

(b) to enable qualifying institutions to provide education, promote learning and engage in research efficiently and economically; and

(c) to apply the principles of justice and fairness

203: Duty of Commissioners

(1) The Commissioners shall exercise the powers conferred by section 204 of this Act with a view to securing that the statutes of each qualifying institution include-

(c) provision establishing disciplinary procedures determined by the Commissioners for dealing with any complaints made against any member of the academic staff relating to his appointment or employment;

(d) provision establishing procedures determined by the Commissioners for hearing and determining appeals by any members of the academic staff who are dismissed or under notice of dismissal […]or who are otherwise disciplined; and

(e) provision establishing procedures determined by the Commissioners for affording to any member of the academic staff opportunities for seeking redress for any grievances relating to his appointment or employment.

(2) No provision such as is mentioned in subsection (1)(a) [redundancy] or (b) [good cause] above which is included in the statutes of a qualifying institution by virtue of section 204 of this Act shall enable any member of the academic staff to be dismissed unless the reason for his dismissal may in the circumstances (including the size and administrative resources of the institution) reasonably be treated as a sufficient reason for dismissing him.


Articles of Government (effective on 2 December 1994)

(At Council Chamber, Whitehall, 16 Feb 1993, by the Lords of her Majesty's most honourable privy council, their Lordships, in exercise of the powers conferred on Them by the said section 124A (3) (of the Education Reform Act 1988, 1992) are pleased to, and do hereby, make an instrument of government of the University higher education corporation as set out in the Schedule to this order, which shall come into force forthwith: Schedule. Instrument of Government referred to in the foregoing order)

In exercise of the powers conferred upon it by section 125 of the Education Reform Act 1988, the University Higher Education Corporation makes the following Articles of Government in accordance with which the University shall be conducted:

2.1 The University shall be conducted in accordance with the provisions of the Education Acts 1944 to 1993, any subsequent Education Acts, any relevant regulations, orders or directions made by the Secretary of State, or by the Privy Council, and subject thereto, in accordance with the provisions of the Instrument, these Articles and any rules or bye-laws made under these Articles.


Provisions by the Commissioners (Board of Governors) re. Education Reform Act

7 Cases of Discrimination

7.1 A member of staff affected by behaviour which s/he feels is in breach of the University's Equal Opportunities Policy and General Supporting Statement, and which s/he feels unable to resolve with the individual concerned, should, if possible, report such behaviour to his/her manager or head of department. There may be circumstances in which this is inappropriate, in which case the behaviour should be reported to any other member of staff with whom s/he feels able to discuss the problem.

7.2 The aggrieved member of staff must accept that, in order to take the matter further, s/he will be required to lodge a formal complaint or grievance, and in doing so will pass the responsibility for dealing with the problem to the University. The complaint/grievance should be submitted to either the appropriate manager or to the Head of Personnel, who will ensure that the allegation is properly and sensitively investigate, and that the member fo staff is given appropriate support and protection.

8.2 Grievance against a manager/ head of department
8.2.1 If the grievance relates to a member of staff’s manager or head of department, and it is considered inappropriate to discuss the issue further with this individual, the member of staff should refer the issue to the next appropriate level of management