Higher Education Act 2004 (c. 8)

Part 5 U.K. Miscellaneous and general

Staff disputes: jurisdiction of visitor E+W

46 Exclusion of visitor’s jurisdiction in relation to staff disputes E+W

(1) The visitor of a qualifying institution has no jurisdiction in respect of—

(a) any dispute relating to a member of staff which concerns his appointment or employment or the termination of his appointment or employment,

(b) any other dispute between a member of staff and the qualifying institution in respect of which proceedings could be brought before any court or tribunal, or

(c) any dispute as to the application of the statutes or other internal laws of the institution in relation to a matter falling within paragraph (a) or (b).

(2) In subsection (1) “qualifying institution” has the meaning given by section 11.

(3) In determining whether a dispute falls within subsection (1)(b) it is to be assumed that the visitor does not have jurisdiction to determine the dispute.

(4) Section 206 of the Education Reform Act 1988 (c. 40) (which is superseded by subsection (1)) shall cease to have effect.

Commencement Information

I1 S. 46 in force for W. at 1.1.2005 by S.I. 2004/3144, Sch. Pt. 2 (with art. 6)

I2 S. 46 in force for E. at 1.1.2005 by S.I. 2004/2781, art. 4 (with art. 5)