Part VI: Other Dismissals

SA19. Non-renewal of a fixed-term contract

(1) The Master, or other person or persons designated by the Society, shall in every case where a fixed-term contract is due to terminate consider whether that contract should be renewed or extended or whether a permanent contract should be offered, having consulted any appropriate representatives in accordance with and to the extent required by section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and having given an opportunity to the member of staff to make representations.
(2) A decision not to renew or extend a fixed term contract or offer a permanent contract under the preceding paragraph must be justified on the basis of transparent, necessary and objective reasons, as set out by Ordinance.
(3) A member of staff whose fixed-term contract is not renewed or extended on termination or is not offered a permanent contract shall be given full reasons for the decision and shall be entitled to have the decision reviewed by a panel in accordance with a procedure to be prescribed by Ordinance.
(4) The panel, whose decision shall be final, shall consider whether the reasons advanced in support of the decision are reasonable and supportable.

SA20. Initial Service Review

(1) This clause shall apply to members of staff who have been appointed subject to initial service review.
(2) The Society shall by Ordinance prescribe a procedure under which staff subject to an initial service review period shall be reviewed and shall include provision for non-confirmation in post during or at the end of the initial service review if their performance is found to be deficient or for any other substantial reason or reasons they are judged unsuitable to be confirmed in post.
(3) The review referred to in sub-clause (2) may encompass matters which, in other circumstances, would fall to be dealt with under Parts III, IV or V of this Statute.
(4) The substance of sub-clauses (3) and (4) of SA19 shall apply to a member of staff who has not been confirmed in post under this clause.

SA21. Dismissal on other grounds

(1) This clause covers dismissals on any ground falling within SA3(2) other than those covered by Parts II, III, IV and V and SA19 and SA20 of Part VI of this Statute (i.e. “some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held” (Employment Rights Act 1996, s. 98(1)(b); “the employee could not continue to work in the position which he held without contravention (either on his part or on that of his employer) of a duty or restriction imposed by or under an enactment” (s. 98 (2)(d)).
(2) Dismissals covered by sub-clause (1) above shall be handled in accordance with a procedure prescribed by Ordinance, which shall include the right to be heard by the College officer making the decision and the right to appeal to a panel.