Senior Staff Dismissal Procedure
1 Objective and application
1.1 The following procedures and rules have been made under the provision of Article 10 of
the Articles of Government in respect of the dismissal of staff. Their objective is to provide a
framework to ensure a fair and legal process for all designated Senior Staff. It sets out the
ways we intend to achieve fair treatment, given all of the Board and UCLan’s obligations.
1.2 This procedure applies to holders of designated Senior Staff posts. Holders of
designated Senior Staff posts means the Vice Chancellor, the Clerk to the Board and the
holders of such other designated Senior Staff posts as the University Board may determine
from time to time. Throughout this procedure these staff will be referred to as Senior Staff.
Any member of staff who is in the Vice-Chancellor’s direct line management but is not
designated as a member of Senior Staff should use the procedure in Part A of the Staff
Handbook.
1.3 This procedure does not form part of the contract of employment between the University
and its employees.
1.4 This procedure should be read in conjunction with the Disciplinary Procedure –
Designated Senior Staff Postholders, Probation Procedure – Designated Senior Staff
Postholders, Capability Procedure – Designated Senior Staff Postholders, and Suspension
Procedure – Designated Senior Staff Postholders.
1.5 Throughout this procedure references to the Vice Chancellor shall be construed as
meaning any Senior Staff member who during the absence of the Vice Chancellor has been
designated as acting Vice Chancellor.
1.6 Throughout this procedure references to an individual shall be construed as meaning an
appropriate substitute where circumstances demand it, such as where the individual is
responsible for making arrangements under this procedure, has instigated the procedure, is
the subject of action under this procedure, or in cases of urgency.
2 Principles
2.1 No dismissal will take effect without the Senior Staff member being given the opportunity
to make representations and to attend a hearing. The Senior Staff member may be
accompanied at any hearing under this procedure by a representative.
2.2 A Disciplinary Committee of the University Board has the authority to terminate the
employment of staff.
2.3 At the sole discretion of the person(s) conducting it, any hearing or meeting forming part
of this procedure may be adjourned at any stage and for as long as may be considered
necessary and reasonable.
3 Procedure
3.1 Special Committee
3.1.1 Where the Chair of the Board, Deputy Chair of the Board or a majority of the University
Board consider it may potentially be appropriate that a Senior Staff member is dismissed,
the matter will be referred to a Special Committee of the Board to examine the facts,
investigate the grounds for dismissal and prepare a report.
3.1.2 The Special Committee of the Board will be convened by the Clerk to the Board in
liaison with the Director of Human Resources.
3.1.3 The Special Committee will consist of five Board members selected from the
independent and/or co-opted Board members only, but will not include the Chair of the
Board. The Special Committee may appoint an advisor and/or investigating officer as
required.
3.1.4 The Senior Staff member will be notified by the Director of Human Resources that the
Special Committee has been convened, the matters to be examined, the likely timescale,
and that the Senior Staff member has the opportunity to make representations to the Special
Committee. The Senior Staff member will normally make representations in person to the
Special Committee at an investigatory meeting. He/she may be accompanied by a
representative to such a meeting. The arrangements for a meeting between the Senior Staff
member and the Special Committee will be notified in writing to the Senior Staff member by
the Director of Human Resources. Two weeks’ notice will normally be given of the
arrangements and will include copies of any documentation to be relied upon. At least one
week before the meeting, the Senior Staff member must inform the Director of Human
Resources as to whether he/she wishes to make representations in person, whether he/she
will be accompanied and, if so, by whom.
3.1.5 The Special Committee will examine the facts of the matter, investigate the grounds for
dismissal and consider any representations made by the Senior Staff member. The Clerk to
the University Board will attend to take notes of the meeting. The Special Committee will
produce a written report setting out the facts of the matter and considerations to be taken
into account by the Disciplinary Committee of the Board. The report cannot contain
recommendations as to any decision to be taken by the Disciplinary Committee. The report
will be copied to the Senior Staff member, all independent Board members and the Vice
Chancellor.
3.2 Disciplinary Committee
3.2.1 The Disciplinary Committee of the Board will be convened by the Clerk to the Board in
liaison with the Director of Human Resources.
3.2.2 The Disciplinary Committee will be chaired by the Chair of the Board. The Committee
may appoint an advisor(s) as required.
3.2.3 The Senior Staff member will be notified by the Director of Human Resources that the
Committee has been convened, and that the Committee may take action it considers to be
appropriate, which may include dismissal.
3.2.4 Where the Committee wishes to instigate a dismissal hearing, the Director of Human
Resources will notify the Senior Staff member. The Senior Staff member will have the
opportunity to make representations to the Committee and may be accompanied by a
representative. The arrangements for the hearing, including time, date, venue, documents to
be considered (enclosing copies) and the right to representation will be notified in writing to
the Senior Staff member by the Director of Human Resources. Two weeks’ notice will
normally be given of the hearing. At least one week before the hearing, the Senior Staff
member must inform the Director of Human Resources as to whether he/she will be
accompanied and, if so, by whom.
3.2.5 The Clerk to the University Board will attend the hearing to take notes of the meeting.
At the dismissal hearing, the Committee shall consider the report prepared by the Special
Committee and shall listen to representations made by the Senior Staff member. If
necessary, a representative of the Special Committee shall attend to answer questions
relating to the report. The Senior Staff member will have the opportunity to respond, and all
parties will have the opportunity to ask questions and clarify points.
3.2.6 The decision of the Committee may be that:
a. the case is not proven and no dismissal will take place (although an appropriate
disciplinary sanction may be applied, as detailed in the Disciplinary Procedure – Designated
Senior Staff Postholders); or
b. the case is proven and a decision to dismiss is made.
3.2.7 The decision of the Committee and the reason for the decision will be confirmed in
writing by the Director of Human Resources, normally within one week.
3.2.8 If the decision of the Committee of the University Board is that the Senior Staff member
should be dismissed, the written decision shall include the reasons for the dismissal and the
date upon which the employment will terminate. The Senior Staff member shall also be
notified of the right of appeal against the decision of the Disciplinary Committee of the
University Board. The Senior Staff member will be given due notice of such dismissal. If,
however, he/she is found to have committed a gross disciplinary offence, he/she may be
summarily dismissed without notice. The phrase "gross disciplinary offence" includes such
matters as gross misconduct, gross negligence and gross incapability. Examples of gross
misconduct are contained in the Disciplinary Procedure – Designated Senior Staff
Postholders.
4. Appeals
4.1 The Senior Staff member has the right of appeal against a decision arising from 3.2
above.
4.2 If the Senior Staff member wishes to appeal he/she should notify the Director of Human
Resources in writing within two weeks of the date of the letter giving the decision, setting out
the grounds for appeal and including copies of any documentation which will be relied upon
during the hearing.
4.3 The Director of Human Resources, working closely with the Clerk to the Board, will be
responsible for the arrangements for the appeal hearing and will notify all parties of the date.
The Director of Human Resources will provide the necessary documentation to all parties,
normally at least one week before the appeal hearing date. The Senior Staff member must
take all reasonable steps to attend the meeting.
4.4 At least one week before the appeal hearing, the Senior Staff member must respond to
the Director of Human Resources to say whether he/she will be accompanied and, if so, by
whom.
4.5 Appeals will normally be heard by an appropriate independent third party. The person
hearing the appeal may appoint an advisor(s) as required. Normally the hearing will be
attended by the chair of the Disciplinary Committee, the Senior Staff member and, if chosen,
his/her representative, any advisor of the Committee, and the Clerk to the University Board
who will take notes of the meeting.
4.6 The appeal hearing will operate on the basis of reviewing the decision to which the
appeal relates. Ordinarily it will be concerned with reviewing the application of the
procedures, whether, on the basis of the evidence presented, the outcome was appropriate
and considering any new material evidence not available at the original hearing which is
directly relevant to the case under appeal. New information on unrelated issues cannot be
introduced.
4.7 The Senior Staff member will be notified of the outcome of the appeal hearing in writing
by the Director of Human Resources, normally within one week of the hearing. This decision
is final and no further right to appeal exists.
NOTES
Where an employee has been dismissed without notice, the dismissal stands pending the
date of the appeal hearing. If the appeal is upheld, then the member of staff will be
reinstated with no loss of payment or accrued benefits. If the appeal is rejected, then the
date of dismissal will be the date of the dismissal hearing at which the employee was
informed verbally of the decision to dismiss without notice.
Where an employee has been dismissed with notice, the dismissal remains in effect and the
employee will be suspended on full pay, but still under notice, until the outcome of the
appeal has been determined. In the circumstances where the appeal cannot be heard before
the notice period expires, then the employment will cease at the expiry of the notice period. If
the appeal is upheld, then the employee will be reinstated with no loss of benefits. If the
appeal is rejected, then the date of dismissal remains as stated in the dismissal notice. If
there is still a period of notice to run at the time the appeal committee gives its decision, the
University may in its absolute discretion decide to make payment in lieu of the balance of the
notice period.
The time limits referred to in this procedure may be modified with the agreement of all
parties.
Author – Human Resources
Last modified – April 2012