Chapter IV
REMOVAL FOR INCAPACITY ON MEDICAL GROUNDS
1. This Chapter makes separate provision for the dismissal or removal from office of
a member of the academic staff by reason of incapacity on medical grounds.
2. In this Chapter
- (a)references to medical grounds are references to capability assessed by reference to
health or any other physical or mental quality;
- (b)references to the appropriate officer are references to the Vice-Chancellor or an
officer acting as the Vice-Chancellor's delegate;
- (c)references to a member of the academic staff include, in cases where the nature of
the alleged disability so requires, a responsible relative or friend or other person
having authority to act on behalf of that member in addition to (or instead of) the
member.
3. If it appears to the competent authority that the removal from office of a member
of the academic staff on medical grounds should be considered, the secretary of the
competent authority
- (a)shall inform the member accordingly, giving notice of the reasons;
- (b)shall notify the member in writing that it is proposed to make an application to the
member's medical practitioner for a medical report and shall seek the member's consent
in writing in accordance with the requirements of the Access to Medical Reports Act
1988;
- (c)may suspend the member from the performance of his or her duties without loss of stipend.
4. If in the light of any medical report obtained under section 3 above the competent
authority is satisfied that a member of the academic staff should be required to retire
on medical grounds, and if the member accepts the opinion of the competent authority,
the appropriate officer shall terminate the member's employment on those grounds.
5. If the member does not agree that his or her removal from office on medical grounds
should be considered, or if after a medical report has been obtained the member declines
to retire on medical grounds, the competent authority may refer the case in confidence,
with all relevant medical and other evidence (including any such evidence submitted
by the member), to a Medical Board comprising:
- (a)a medically qualified chairman appointed by the Council with the agreement of the
member concerned or, in default of such agreement, on the nomination of the President
of the Royal College of Physicians of London;
- (b)one person appointed by the competent authority;
- (c)one person appointed by the member concerned or, in default of such appointment, a
second person appointed by the competent authority.
6. The procedure to be followed in respect of the preparation, hearing, and determination
of a case by a Medical Board shall be prescribed by Ordinances made under this section.
Such Ordinances shall ensure:
- (a)that the member concerned is entitled to be represented by another person, whether
such person is legally qualified or not, in connection with and at any hearing by
the Board;
- (b)that a case shall not be determined without an oral hearing at which the member concerned
is entitled to be represented;
- (c)that witnesses may be called and may be questioned concerning any relevant evidence;
- (d)that the case is heard and determined as expeditiously as is reasonably practicable.
The Board may require the member concerned to undergo medical examination.
7. The University shall meet the reasonable costs of any medical report or medical examination
required under section 3 or section 6 above.
8. If a Medical Board determines that a member's removal from office would be justified
on medical grounds, the appropriate officer may terminate the employment of the member
on those grounds.