Cardiff University Statute XV
STATUTE XV – ACADEMIC STAFF
PART I – CONSTRUCTION, APPLICATION AND INTERPRETATION
- This Statute and any Ordinance or Regulation made under this Statute shall be construed in every case to give effect to the following guiding principles, that is to say-
- to ensure that academic staff 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;
- to enable Cardiff University to provide education, promote learning and engage in research efficiently and economically; and
- to apply the principles of justice and fairness.
Reasonableness of decisions
- No provision in Part II or Part III shall enable the body or person having the duty to reach a decision under the relevant Part to dismiss any member of the academic staff unless the reason for the dismissal may in the circumstances (including the size and administrative resources of Cardiff University) reasonably be treated as a sufficient reason for dismissing that member.
- (1)This Statute shall apply –
- to Professors, Readers, Senior Lecturers and Lecturers; and such research staff and such other categories of employee or other individual employees as the Council may from time to time determine;
- to the President and Vice-Chancellor, to the extent and in the manner set out in the Annex to the Statute.
- In this Statute any reference to “Academic Staff” is a reference to persons to whom this Statute applies.
Meaning of “dismissal”
- In this Statute “dismiss” and “dismissal” mean dismissal of a member of the Academic Staff and-
- include remove or, as the case may be, removal from office; and
- in relation to employment under a contract, shall be construed in accordance with section 55 of the Employment Protection (Consolidation) Act 1978 or any successor legislation.
Meaning of “good cause”
- (1) For the purposes of this Statute “good cause” in relation to the dismissal or removal from office or place of a member of the academic staff, being in any case a reason which is related to conduct or to capability or qualifications for
performing work of the kind which the member of the academic staff concerned was appointed or employed to do, means –
- conviction for an offence which may be deemed by a Tribunal appointed under Part III to be such as to render the person convicted unfit for the execution of the duties of the office or employment as a member of the academic staff; or
- conduct of an immoral, scandalous or disgraceful nature incompatible with the duties of the office or employment; or
- conduct constituting failure or persistent refusal or neglect or inability to perform the duties or comply with the conditions of office; or
- physical or mental incapacity established under Part IV.
- In this section –
- “capability”, in relation to such a member, means capability assessed by reference to skill, aptitude, health or any other physical or mental quality; and
- “qualifications”, in relation to such a member, means any degree, diploma or other academic, technical or professional qualification relevant to the office or position held by that member.
Meaning of “redundancy”
- For the purposes of this Statute dismissal shall be taken to be a dismissal by reason of redundancy if it is attributable wholly or mainly to –
- the fact that Cardiff University has ceased, or intends to cease, to carry on the activity for the purposes of which the member of the academic staff concerned was appointed or employed by Cardiff University, or has ceased, or intends to cease, to carry on that activity in the place in which the member concerned worked; or
- the fact that the requirements of that activity for members of the academic staff to carry out work of a particular kind, or for members of the academic staff to carry out work of a particular kind in that place, have ceased or diminished or are expected to cease or diminish.
Incidental, supplementary and transitional matters
- (1) In any case of conflict, the provisions of this Statute shall prevail over those of any other Statute and over those of the Ordinances and Regulations and the provisions of any Ordinance made under this Statute shall prevail over those of any other Ordinance: Provided that Part III of and the Annex to this Statute shall not apply in relation to anything done or omitted to be done before the date on which the instrument making these modifications was approved under sub-section (9) of section 204 of the Education Reform Act 1988.
- Nothing in any appointment made, or contract entered into, shall be construed as over-riding or excluding any provision made by this Statute concerning the dismissal of a member of the academic staff by reason of redundancy or for good cause: Provided that nothing in this sub-section shall prevent waivers made under section 142 of the Employment Protection (Consolidation) Act 1978 or any successor legislation from having effect.
- Nothing in any other Statute or in any Ordinance or Regulation made thereunder shall authorise or require any officer of Cardiff University to sit as a member of any Committee, Tribunal or body appointed under this Statute or to be present when any such Committee, Tribunal or body is meeting to arrive at its decision or for the purpose of discussing any point of procedure.
- Any reference in this Statute to the University, to the Senior Vice-Chancellor of the University or to University status or title held by a member of the academic staff is a reference to the University of Wales, or to the Senior Vice-Chancellor or to University status or title in the University of Wales as the case may be.
- In this Statute references to numbered Parts, sections, sub-sections and paragraphs are references to Parts, sections, sub-sections and paragraphs so numbered in this Statute.