Appeals Procedure

Appeals Procedure

A member of staff who wishes to appeal against the decision to end their fixed term contract must submit notice of their appeal in writing. This notice of appeal should set out the grounds of the appeal and state whether the appeal is in respect of the whole or in respect of any specified part of any finding of fact, decision, or sentence. In the proceedings of the appeal the member will not be entitled, except with leave of the Appeal Committee, to rely on any grounds of appeal not previously specified in the notice of appeal.

Appeal Committee

The Registrary, Academic Secretary or Director of Human Resources, whichever is appropriate, will appoint an Appeal Committee to hear the appeal in line with either the appeals process outlined in the Assistant Staff Handbook (H16–17) or the University's policy and procedures relating to disciplinary action, grievances and appeals in respect of unestablished academic and academic-related staff, whichever is appropriate.

The members of the committee will not necessarily hold positions in the member's institution. They must have no conflict of interest in the appeal, be unbiased, and have the appropriate qualifications and experience to be able to evaluate the issues under investigation. Where technical issues are involved at least one of the members will normally have the appropriate qualifications and/or experience. If it has not been possible to find an employee with appropriate qualifications and experience to be a member of the Appeal Committee, the Appeal Committee may call an expert witness to assist it in the evaluation of the issues under investigation. The Chairman may request that another member of staff attends to take notes. A member of the Human Resources Division will also be in attendance to advise on policy and procedure. The Appeal Committee will meet within fourteen days of its establishment to hear the appeal, or as soon as is reasonably practicable.

Rules of Procedure

The rules of the procedure of the Appeal Committee will be as follows:

1. The appellant may bring a recognised union representative or colleague with him or her to the appeal hearing
2. The appellant and the responsible person are encouraged to make representations in writing, which wherever possible will be exchanged prior to the appeal hearing
3. The appeal will be determined following an oral hearing from the appellant and the responsible person. The appellant and the responsible person will be entitled to make a statement and to address the Appeal Committee
4. The Chairman may set time-limits for each stage of the proceedings, including the Hearing itself, to the intent that any appeal will be heard and determined as expeditiously as is reasonably practicable
5. Following the hearing of the appeal, the Appeal Committee will consider the facts of the case and may allow or dismiss an appeal, in whole or in part
6. The decision of the Appeal Committee will be notified to the appellant and recorded in a document signed by the Chairman, giving the reasons for this decision. A confirmatory letter will be sent to the appellant within seven days
7. A copy of the document and letter will be sent to the Registrary, Academic Secretary or Director of Human Resources, whichever is appropriate, and to the responsible person
8. The Appeal Committee may decide to vary the above procedure as it deems appropriate