Ordinances to the 2009 Statutes (OA18)

The following Ordinances were made at the College Meeting under the authority of Statute S2.3 on 3 March 2009.

OA18: Dismissal on Health Grounds

OA18.1 (1) Where it appears that the removal of a member of the academic staff on medical grounds should be considered, the Master
   (a) shall inform the member accordingly; and
   (b) shall notify the member in writing that it is proposed to make an application to the member’s doctor for a medical report and shall seek the member’s consent in writing in accordance with the requirements of the Access to Medical Reports Act 1988; and
   (c) may suspend the member from the performance of his or her duties without loss of emolument.
(2) If the member agrees that his or her removal on those grounds should be considered, the College shall meet the reasonable costs of any medical opinion required.
(3) If the member does not agree the Master shall refer the case in confidence, with any supporting medical and other evidence (including any such evidence submitted by the member), to a Board comprising one person nominated by the Society; one person nominated by the member concerned or, in default of the latter nomination, by the Master; and a medically qualified chairman jointly agreed by the Society and the member or, in default of agreement, to be nominated by the President of the Royal College of Physicians.
(4) The procedure to be followed in respect of the preparation, hearing, and determination of a case by a Board shall be prescribed by Regulations made under this section. Such Regulations shall ensure:
   (a) that the member concerned is entitled to be represented by another person, whether such person is legally qualified or not, in connection with and at any hearing by the Board;
   (b) that a case shall not be determined without an oral hearing at which the member’s representative, but not the member himself or herself, is entitled to be present;
   (c) that witnesses may be called and questioned concerning any relevant evidence; and
   (d) that the case is heard and determined expeditiously as is reasonably practicable.
(5) The Board may require the member concerned to undergo medical examination at the College’s expense.
OA18.2 If the Board determines that the member should be required to retire on medical grounds, the Master, after consulting the Society, may terminate the employment of the member concerned on those medical grounds.