1. This Statute and any Ordinance made under this Statute shall be construed in every case to give effect to the following guiding principles, that is to say:
2. No provision of this Statute shall enable any member of the academic staff to be dismissed unless the reason for the dismissal may in the circumstances (including the size and the administrative resources of the University) reasonably be treated as a sufficient reason for dismissing the member concerned.
3. This Statute shall apply:
In this Statute any reference to academic staff is a reference to the persons to whom this Statute applies.
4. In this Statute the terms ‘dismiss’ and ‘dismissal’ refer to the dismissal of a member of the academic staff, and include remove or, as the case may be, removal from office, and, in relation to employment under a contract, shall be construed in accordance with section 55 of the Employment Protection (Consolidation) Act 1978.
5. For the purposes of this Statute the term ‘good cause’ in relation to the dismissal of a member of the academic staff, being in any case a reason which is related to conduct or capability or qualifications for performing work of the kind which the person concerned was appointed or employed to do, shall mean:
In relation to a member of the academic staff, the term ‘capability’ shall mean capability assessed by reference to skill, aptitude, health, or any other physical or mental quality, and the term ‘qualifications’ shall mean any degree, diploma, or other academic, technical, or professional qualification relevant to his or her office or position.
6. For the purposes of this Statute dismissal shall be taken to be dismissal by reason of redundancy if it is attributable wholly or mainly to:
7. (a) In any case of conflict, the provisions of this Statute shall prevail over those of any other Statute and over those of any Ordinance, and the provisions of any Ordinance made under this Statute shall prevail over those of any other Ordinance; provided that Chapter III, Chapter IV, and Chapter VII of this Statute shall not apply in relation to anything done or omitted to be done before the date1 on which the instrument making these modifications was approved under subsection (9) of section 204 of the Education Reform Act 1988.
(b) Nothing in any appointment made, or contract entered into, shall be construed as overriding or excluding any provision made by this Statute concerning the dismissal of a member of the academic staff by reason of redundancy or for good cause; provided that nothing in this subsection shall invalidate any waiver made under section 142 of the Employment Protection (Consolidation) Act 1978.
(c) No one shall sit as a member of any of the bodies established under this Statute, and no one shall be present at a meeting of such a body when the body is considering its decision or discussing a point of procedure, except as provided by this Statute or by Ordinances made under this Statute.
(d) The provisions of Statute B, VI, 23 shall apply to any notice required by this Statute, or by Ordinance made thereunder, and the provisions of Statute B, VI, 7, 21, 22, 24, and 25 shall apply to any proceedings before the University Tribunal or the Septemviri.
(e) In this Statute references to numbered Chapters, sections, and subsections are references to Chapters, sections, and subsections so numbered in this Statute.