Dismissal

Resuming work after statutory adoption leave

It is unlawful for the University to dismiss a member of staff during or after the end of his/her adoption leave period or to select him/her for redundancy in preference to other comparable members of staff, solely or mainly because the member of staff has taken adoption leave or taken advantage of the benefits of the terms and conditions of employment to which they were entitled during that leave.

It is unlawful for the University to dismiss a member of staff on grounds related to adoption or to select him/her for redundancy on those grounds in preference to other comparable members of staff.

In these circumstances a member of staff who is dismissed or selected for redundancy is entitled to make a complaint of unfair dismissal through the Grievance policy. Dismissal, selection for redundancy or other treatment that is detrimental in these circumstances may also amount to unlawful discrimination on grounds of sex or marriage.

Resuming work after additional adoption absence

Staff who have more than 26 weeks continuous service at the date they are notified of being matched with a child for adoption

If a qualifying member of staff is not permitted to return to work after his/her additional adoption absence, in most cases they will be regarded as having been dismissed and they may obtain redress through the appeals procedure within the Disciplinary procedure.

A member of staff will not have been unfairly dismissed if:

  • their job was no longer available due to redundancy and there was no suitable alternative work available that could be offered.

A member of staff will not be regarded as being dismissed if:

  • it was not reasonably practical on grounds other than redundancy to continue to employ him/her in his/her original role and if the University have offered him/her suitable alternative employment which they have either accepted or have unreasonably refused.

Dismissal on grounds unrelated to adoption leave

It is not unlawful for the University to dismiss a member of staff on grounds that are unrelated to the fact that the member of staff has taken adoption leave and other related benefits, unless the dismissal is unfair for another reason or discriminatory.