Part I: General

SA1. Application

(1) This Statute applies to the following:
    (a) any person holding a College Office designated by the Society as one to which this Statute applies;
    (b) any person employed by the College to carry out teaching or research, save for those holding appointments which have been excluded by the Society from the Scope of this Statute on the ground that the duties in that regard are only of a limited nature; and
    (c) the Master only to the extent that Part VIII applies.
(2) In this Statute, any reference to “academic staff” is a reference to persons to whom this Statute applies.
(3) This Statute will override any provision in any contract, term or condition of employment or in any College statute which is inconsistent with this Statute, whether dated before or after the commencement of this Statute, but –
    (a) it shall not affect the validity of any compromise agreement under section 203 of the Employment Rights Act 1996, or any similar agreement permitted by law; and
    (b) it shall not preclude any member of staff deciding or agreeing to terminate employment with the College, whether by voluntary severance, early retirement or otherwise, on whatever terms have been agreed.

SA2. General principles of construction and application

(1) This Statute and any Ordinances or Regulations made under it shall be applied and construed in every case to give effect to the following guiding principles:
   (a) to ensure that members of 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;
   (b) to enable the College to provide education, promote learning and engage in research efficiently and economically; and
   (c) to apply the principles of justice and fairness.
(2) Where, in any proceedings under this Statute, a member of staff invokes sub-clause (1) (a) above, the procedures for considering that claim shall ensure that the matter is considered by at least two academics, with no prior involvement in the case, one of whom is a member of the academic staff of another university. If it is found that any action has been taken against the member of academic staff because that member of staff within the law questioned or tested received wisdom or put forward new ideas or controversial opinions, the person or persons dealing with the matter shall cancel that action and it shall be treated as invalid.
(3) Where there is any issue as to the meaning of “academic freedom” in any proceedings under Parts II, III, IV, V, VI and VII of 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.
(4) This Statute deals with the dismissal of staff, but the College shall ensure security and continuity of employment for as many of its staff as is reasonably practicable. Fixed term contracts will only be used in specifically defined circumstances. Every reasonable effort will be made to avoid redundancy situations arising and to avoid making individual members of staff redundant.
(5) Any reference in this Statute to a provision in an Act of Parliament shall be taken to be a reference to that provision as it may have been amended or superseded from time to time.

SA3. Dismissal

(1) For the purpose of this Statute, “dismissal” shall have the same meaning as in section 95 of the Employment Rights Act 1996.
(2) A member of academic staff may be dismissed if that dismissal is for a reason set out in section 98 of the Employment Rights Act 1996.
(3) A dismissal by reason of redundancy (other than the non-renewal of a fixed-term contract) shall be handled in accordance with Part II; a dismissal for disciplinary reasons shall be handled in accordance with Part III; a dismissal on grounds of capability or performance shall be handled in accordance with Part IV; a dismissal on health grounds shall be handled in accordance with Part V; and a dismissal on any other grounds, including the non-renewal of a fixed-term contract, shall be handled in accordance with Part VI.

SA4. Hearing, appeal and grievance panels

(1) Any panel established pursuant to SA8(1) (appeal against dismissal for redundancy), SA10(b)(iv) (hearing under disciplinary procedures) and (vii) (appeal against a decision of a disciplinary panel), SA15(c)(iii)(hearing under capability and performance procedures) and (v) (appeal against a decision of a capability or performance panel), SA18(2) (hearing under ill-health procedures and appeal against a decision of an ill-health panel), SA21(2) (hearing for dismissal on other grounds and appeal against a decision of such a panel), SA22(5) (hearing of a grievance) and SA23 (2) (c) (appeal against the Tribunal considering complaints against the Master) of this Statute shall consist of at least three persons, none of whom shall previously have had any involvement with the case, at least one of whom shall be nominated by the Society, one person by the member concerned, or in default by the Master; and a member agreed between those two nominees, or in default by the Visitor. Such panels shall be balanced in their membership and in particular shall include, where possible, at least one person of each sex.
(2) At any panel within sub-clause (1) above, the member of staff shall be entitled to be represented or assisted by any person.
(3) Any panel within sub-clause (1) above shall give a reasoned decision in writing, which shall be provided to the member of academic staff and reported to the Society.
(4) Any dismissal under this Statute shall remain in force pending the outcome of an appeal.