Part II: Redundancy

SA5. Application

(1) The power to dismiss, and the procedures prescribed, under this Part shall not apply to those staff defined in sub-sections (3) to (6) of section 204 of the Education Reform Act 1988 [staff appointed prior to, and not promoted after, 20 November 1987], who shall for this purpose continue to be subject to such powers, if any, as applied to them prior to the introduction of the Statute made by the University Commissioners in the exercise of their powers under sections 203 and 204 of the Education Reform Act 1988.
(2) This Part shall not apply to the non-renewal of a fixed-term contract, which shall be dealt with under SA19 relating to non-renewal of fixed-term contracts, below.

SA6. Definition of “redundancy”

  Subject to SA5 (2) above, dismissal by reason of redundancy for the purpose of this Part has the same meaning as in section 139 of the Employment Rights Act 1996. It shall apply both to where the Society has decided that there should be a reduction in the academic staff of the College as a whole or of any area of academic work within the College.

SA7. Procedure for dismissal by reason of redundancy

(1) The Society shall by Ordinance prescribe the procedures for dismissing members of staff on grounds of redundancy, which shall include the following:
   
(a) a preliminary stage involving consultation with appropriate representatives in accordance with and to the extent required by section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and discussion with the staff concerned;
    (b) a procedure which is fair and which allows each staff member concerned, having been informed of the selection criteria for redundancy to be employed, to make written and oral representations on his or her behalf;
    (c) provision for informing any member of staff dismissed under this Part of the reasons for the dismissal and, where selection has taken place, why he or she was selected; and
    (d) authorisation for an officer of the College to act with full authority to dismiss any member of staff selected for dismissal under this Part and requiring reports of dismissals to be submitted to the Society.
(2) The procedures following the preliminary stage may be used at any particular time only after the Society has first determined that the circumstances are such that the procedures should be instituted.

SA8. Appeal against dismissal by reason of redundancy

(1) The Ordinances shall include provision for an appeal to a panel by a member of staff who has been given notice of dismissal under this Part.
(2) The panel shall be entitled to review all aspects of the matter other than Society’s determination under clause 7(2) above.
(3) The panel shall have the power to reach a final decision on the matter or to remit the matter for further consideration by the College officer whose decision is being appealed.