Legal Interlude III: Relevant International and Statutory Provisions

Article 41 of the Charter of Fundamental Rights of the European Union:
‘the right of every person to be heard, before an individual measure which would affect him adversely is taken.’


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

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.

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.

10.4 (c) a suspension against which an appeal is made shall continue to operate pending the determination of the appeal.


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

Staff Disciplinary Procedure

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.