Statute XXI

1. Council shall ensure that there are procedures in place in relation to:

1. The handling of disciplinary cases, including the dismissal of members of staff by reason of misconduct and for appeals against disciplinary action;
2. The dismissal of members of staff by reason of redundancy and appeals against such dismissals;
3. The dismissal of a member of staff (following confirmation in post after his or her probationary period) by reason of unsatisfactory performance and appeals against such dismissals;
4. The dismissal of members of staff on the grounds of ill health or medical incapacity and appeals against such dismissals;
5. The handling of grievances raised by members of staff;
6. The determination of the application of academic freedom.

2. In determining the procedures to be adopted under paragraph 1, Council shall apply the following guiding principles:

1. To ensure that staff, while engaged in the provision of learning, teaching or research in accordance with their terms and conditions of service, have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs or privileges.

(Where there is any issue as to the meaning of “academic freedom” in any proceedings under Ordinances relating to this Statute, regard shall be had to Sections VI and VII of the Recommendation concerning the Status of Higher-Education Teaching Personnel adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organisation (UNESCO) in Paris on 11 November 1997). See Statute XXI - Annex 1.

2. To enable the University to provide education, promote learning and engage in research efficiently and economically.
3. To apply the principles of justice and fairness.

3. Any Ordinance made under this Statute shall, except where otherwise stated, be construed in every case to give effect to the guiding principle in paragraph 2 and shall apply to all staff where a substantial proportion of duties involve the provision of teaching, learning or research in accordance with their terms and conditions of service.

4. For the avoidance of doubt, any procedure adopted by Council for the dismissal of academic staff by reason of redundancy shall not apply to a member of academic staff whose appointment was made, or contract of employment entered into, on or before 19 November 1987, and who has not been promoted after that date.

5.  The following Ordinances have been promulgated:-

• Ordinance XL Staff Redundancy Policy and Procedure  
• Ordinance XXXV Staff Disciplinary Policy and Procedure
• Ordinance XLI Staff Capability Policy and Procedure
• Ordinance XLII Policy and Procedure on Other Staff Dismissals
• Ordinance XXXVII Staff Grievance Policy and Procedure
• Ordinance XLIII Policy and Procedure on the Use of Fixed Term Employment Contracts
• Ordinance XXXVI Staff Disciplinary and Dismissal Appeal Procedures
• Ordinance XLIV Policy and Procedure on the Determination of the Application of Academic Freedom
• Ordinance XLV Procedure for the Dismissal and Removal from Office of the Vice Chancellor