Legal Interlude II: 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 –

(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

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 1994 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.

3.1 The Board of Governors shall be responsible for:
(a) the determination of the educational character and mission of the University and for oversight of its activities;
(d) the appointment, grading, suspension, dismissal and determination of the pay and conditions of service of the holders of senior posts

9.3 The Board of Governors shall ensure that there are suitable arrangements for
enabling the members of staff of the University to raise matters of proper concern to them at all levels in the University.

10.2 The Principal, or in the absence of the Principal the Deputy Director, 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 or urgent cause.



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

Staff Disciplinary Procedure

1. Investigation
1.1 Disciplinary action cannot be taken until a case has been carefully investigated, and all the relevant facts gathered by the appropriate manager in liaison with a senior member of staff in the Personnel Department.

1.2 Where it is considered appropriate to suspend a member of staff while a case is being investigated, this must be in accordance with the University’s agreed procedures for the suspension of staff […].

1.3 Examples of outcomes of such an investigation are:
(i) to resolve the issue without the need to take further action;
(ii) to arrange advice, support and/or training in an attempt to resolve the problem without recourse to the disciplinary procedure;
(iii) to issue an informal warning which is not part of the disciplinary procedure. It will, however, be recorded and a copy placed on the individual’s personal file;
(iv) to arrange a disciplinary hearing.

Option (iv) should only be pursued if it is inappropriate to deal with the issue under options (i), (ii) or (iii).

2.2 [Principles] No disciplinary action will be taken against a member of staff until a full investigation has been carried out. The nature of the breach of discipline must have been made known and the individual given the opportunity to state his/her case prior to any decision being made. The investigation does not form part of the disciplinary procedure. Its purpose is to gather the relevant facts to determine the most appropriate course of action, which may, or may not, involve disciplinary action.

5.4 [Authority to take disciplinary action] The manager authorising the disciplinary action must not have been directly involved in the circumstances of the case.


Terms and Conditions of the Contract of Employment

Statement of Main Terms of Conditions and Employment, 23 July 1990:
1. [Your Appointment] You will be expected to attend such courses or conferences or to obtain such relevant professional experience as may be deemed appropriate in connection with your work.

Revised Statement of Main Terms and Conditions of Employment, 14 Oct 1991
9. [Duties and Hours of Work] Duties include teaching and tutorial guidance, research and other forms of scholarly activity…you are expected to work flexibly and efficiently…The make-up of your duties will be determined by your Head of Department in consultation with you…You will be expected to attend such courses or conferences or to obtain such relevant professional experience as may be deemed appropriate in connection with your work.

10. [Research and Scholarly Activity] Your research and scholarly activity will be principally self-managed.

17. [Disciplinary Procedure] The […] disciplinary procedure covers cases falling short of suspension or dismissal and gives you rights and safeguards including the right of appeal. If it is necessary for disciplinary action to be taken against you the steps to be followed will be those contained in the procedure.

18. [Suspension & Dismissal] If it is necessary to consider suspending or dismissing you, other than in accordance with a direction from the Secretary of State, the procedure to be followed will be in accordance with the Articles of Government.