Ordinance XLII

This ordinance shall apply to all staff to whom paragraph 3 of Statute XXI refers [1]. Provisions for all other staff shall be found in the relevant Conditions of Service.

1. This procedure is designed to be used where it is believed that a member of staff should be dismissed and where the circumstances fall outside redundancy, conduct, capability or performance, ill-health, termination of a fixed term contract or non-confirmation of appointment following probation, i.e. for some other substantial reason (as defined by section 98 (1)(a) of the Employment Rights Act 1996.
2. It may also be used in situations where “the employee could not continue to work in the position which he/she held without contravention (either on his/her part or on that of his/her employer) of a duty or restriction imposed by or under an enactment” (Section 98(2)(d) of the Employment Rights Act 1996).
3. It is the view of the University that the use of this procedure will be in exceptional situations only. Prior approval is required from the Director of Human Resources (or nominee) before the procedure can be invoked.
4. The procedure to be followed in these circumstances can be found in paragraphs 3 ,4, 5, 6, 7, 8.11, 8.12, 8.17, 8.18, 8.19, 9 and 10 in Ordinance XXXV (Disciplinary Procedure). 

[1] Staff where a substantial proportion of their duties involve the provision of teaching, learning or research.