The Brooke House Sixth Form College (Government) Regulations 2001

Dismissal of Staff

11.—(1) Subject to paragraphs (9) to (12) if the Chair, or in his absence the Vice-Chair, or a majority of the members of the Corporation, consider that it may be appropriate for the Corporation to dismiss the holder of a senior post from a post on the staff, then the Chair, Vice-Chair or Corporation as appropriate shall refer the matter to a Special Committee of the Corporation, which shall be convened as soon as is practicable to examine the case for dismissal and to make recommendations to the Corporation.

(2) The Special Committee shall hold its first meeting within 7 days of being convened.

(3) The person whose dismissal is to be considered by the Special Committee shall have the right to make representations to that Committee, including oral representations, for which purpose he may be accompanied and represented by a friend.

(4) After hearing or reading any such representations, the Special Committee shall prepare a written report for consideration by the Corporation, a copy of which shall be sent to the person to whom it relates.

(5) The written report referred to in paragraph (4) shall be prepared within two months of the date on which the special committee was convened; where however it is impracticable for the committee to prepare the report during that period they shall, during that period, prepare an interim report a copy of which shall be sent to the person to whom it relates and any interim report so prepared shall contain a timetable for the preparation of the report referred to in paragraph (4).

(6) The Corporation shall consider the recommendations of the Special Committee and the representations (if any) of the person concerned and take such action as it considers appropriate, which may include the dismissal of the person concerned; and the first meeting at which the recommendations of the Special Committee and any representations of the person concerned are to be considered shall be no later than 28 days after the date of the receipt of the report under paragraph (4).

(7) The person concerned shall have the right to make representations including oral representations to the Corporation with regard to the recommendations of the Special Committee and—

(a) any written representations must be made within 14 days of the date of the receipt of the report under paragraph (4); and

(b) for the purpose of making oral representations the person may be accompanied and represented by a friend.

(8) The Special Committee shall consist of at least 3 members of the Corporation. However, the Chair of the Corporation, the Vice-Chair, the Principal and the staff and student members shall not be eligible for membership of the Special Committee.

(9) The Chair, or in his absence, the Vice-Chair, may dismiss the holder of a senior post with immediate effect without any need for prior notice if the circumstances are such that such dismissal is justified by virtue of the conduct of that holder of a senior post, and in such a case paragraphs (1) to (8) of this article shall not apply.

(10) The holder of a senior post shall have the right to make representations (including oral representations for which purpose he may be accompanied by a friend) to the Chair or Vice-Chair or to any other person appointed in accordance with rules made under paragraph (13) to investigate the matter and to make recommendations, before any decision to dismiss him pursuant to paragraph (9) is taken.

(11) Where a holder of a senior post has been dismissed pursuant to paragraph (9) that member of staff may within 14 days of the date of the dismissal appeal to the Corporation against the dismissal.

(12) The Corporation shall meet to consider the appeal within 14 days of the date on which the appeal was made or as soon as reasonably practicable thereafter.

(13) After consultation with holders of senior posts and staff the Corporation shall make rules specifying procedures for the conduct of the Special Committee, for the dismissal of the holders of senior posts under paragraph (9) and for the consideration of appeals in accordance with paragraph (11) including appropriate time limits (other than those provided for in this article).

(14) A failure by the Corporation or the Special Committee to take any action within a time limit specified in this article shall not relieve the Corporation or Committee of the duty to take such action.