Managers/Administrators

The University has received formal notification that Unite the Union and The University and College Union (UCU) both intend to call upon their members at the University to take part in discontinuous strike action as follows:

Unite the Union:

• Wednesday 13^th September to Friday 15^th September
• Monday 18^th September to Tuesday 19^th
• Shifts which cross over into (but don’t start on) Saturday 16^th and Wednesday 20^th September will also be included in the action.

UNISON

• Tuesday 19^th September to Wednesday 20^th September
• Tuesday 26^th September to Thursday 28^th September

UCU:

• Monday 18^th September to Tuesday 19^th September
• Tuesday 26th September to Thursday 28^th September*

 *UPDATE – UCU members have voted to stand down two of the final three days and will now only strike on Wednesday 27^th September 2023.

UCU still have a mandate to participate in action short of strike (ASOS) until the end of September 2023.

The UCU mandate for action short of a strike covers:  

• working to contract
• not undertaking voluntary activities
• not covering for absent colleagues
• removing uploaded materials related to, and/or not sharing materials related to, lectures or classes that will be or have been cancelled as a result of strike action
• not rescheduling lectures or classes cancelled due to strike action.

UCU members have voted to cease the previous marking and assessment boycott.

This action is in relation to pay, which has been the subject of extensive negotiation and discussion at a national level, between UCEA and the sector trade unions since 30 November 2022. Regrettably, despite these discussions and successive periods of industrial action there still appears to be no prospect of an agreement. Nationally, the UCEA position is affected by the fact that some universities represented have seen no or minimal impact from industrial action thus far, and many of those same universities find themselves in a challenging financial position and are therefore opposed to any increase in the pay settlement.

Action has been called by Unite the Union, UNISON and The University and College Union (UCU). This action is separate, but overlaps at certain points. GMB are not involved in this action.

The planned strike action will take place on the following dates:

Unite the Union:

• Wednesday 13^th September to Friday 15^th September
• Monday 18^th September to Tuesday 19^th
• Shifts which cross over into (but don’t start on) Saturday 16^th and Wednesday 20^th September will also be included in the action.

UNISON

• Tuesday 19^th September to Wednesday 20^th September
• Tuesday 26^th September to Thursday 28^th September

UCU:

• Monday 18^th September to Tuesday 19^th September
• Tuesday 26th September to Thursday 28^th September*

*UPDATE – UCU members have voted to stand down two of the final three days and will now only strike on Wednesday 27^th September 2023.

Participation in strike action will be regarded as a breach of  contract and for those involved, salary deductions will apply as outlined below (and as per our Industrial Action Policy): 

• a deduction equivalent to a daily rate of 1/365th of annual salary will be made for each day of strike action for those employed on a full-time basis.
• a proportional deduction will be made equivalent to contractual hours for part-time colleagues who are scheduled to work on each day of strike action.

Pay deductions for strike action in September 2023 will be taken from the October 2023 salary payment.

Colleagues should be aware that the University is not obliged to make pension contributions for those in membership of the pension scheme during periods of partial performance. However, the University will continue to pay employer contributions, as a gesture of goodwill, for participating scheme members. Similarly, employee pension contributions will be deducted as normal irrespective of any reduction in salary due to participation in industrial action. This will ensure continuity of pension scheme membership and life assurance benefits

Leave already approved prior to the date of industrial action will be honoured, otherwise early dialogue should take place between colleagues and their managers to explore potential options to support in these circumstances. Industrial action impacts vary across the organisation thus local discussions are key.

UCU still have a mandate to participate in action short of strike (ASOS) until the end of September 2023.

Any action short of a strike may consist of:  

• working to contract
• not undertaking any voluntary activities
• not covering for absent colleagues
• removing uploaded materials related to, and/or not sharing materials related to, lectures or classes that will be or have been cancelled as a result of strike action
• not rescheduling classes and lectures cancelled due to strike action

UCU members have voted to cease the previous marking and assessment boycott.

Action Short of Strike is intended to be continuous and will run until the end of September 2023. 

The University will not withhold salary from colleagues participating in action short of a strike where this takes the form of working to contract or not undertaking any voluntary activities. It reserves the right however to determine the tasks to be prioritised during working hours and to reschedule classes where appropriate in the interests of the student experience during this period.   

For the avoidance of doubt, participation in any or all of the following actions will be deemed as partial performance of duties: ‘not rescheduling classes and lectures cancelled due to strike action’, ‘not covering for absent colleagues’, ‘removing uploaded materials related to, and/or not sharing materials related to, lectures or classes that will be or have been cancelled as a result of strike action’ and ‘undertaking a marking and assessment boycott’. As outlined in the Industrial Action Policy, the University does not accept partial performance of contract and reserves the right to withhold up to 100% of pay in response.  

Colleagues who fail to complete these duties, but continue to perform others, will be deemed to be working on a voluntary basis. In recognition that colleagues may continue to volunteer their time to perform other duties, the University has decided, as a gesture of goodwill, to withhold 30% of pay where colleagues participate in the marking and assessment boycott.   

For each colleague participating in the marking and assessment boycott, pay will be withheld from the first day following the date when that colleague was due to have completed and returned their first set of marks to the relevant colleague(s) within the School. 

Where colleagues refuse to take part in other assessment-related activities reasonably required of them or participate in other forms of ASOS deemed as partial performance, the University will deduct 30% of pay in these cases also.  

Deductions will continue until full performance of contract is resumed or until the end of the legal industrial action.

There will be no reimbursement of withheld pay after industrial action ceases, including where outstanding work is duly completed and/or after returning to normal working. 

There will be no reimbursement of withheld pay to a colleague after they cease participating in industrial action, including where duties not carried out during the industrial action are completed after returning to normal working. 

No. If you are not participating in the action then you do not need to return a declaration form.

The position around external examiners is less straightforward. UCU members were balloted in relation to their main or principal employer therefore a mandate in their primary institution is unlikely to apply at a secondary or ‘external’ institution (where the examiner has a separate contract in place) and it is likely that they would be expected to fulfil their full contractual obligations.

Yes. Whilst colleagues have been asked to declare their participation in advance, they may not do so.

Once the action has started however, colleagues are obliged to answer truthfully if they are asked if they are participating. Whilst colleagues must answer truthfully in relation to current or past participation, they may not willingly share future intentions therefore it may be appropriate to ask more regularly over a period of time in order to effectively monitor the situation. 

All staff in scope will receive an e-mail before a notified strike day/period requiring them to confirm if they intend to take strike action. In addition each area will be asked to provide details of individuals who took part in strike action. If you are working away from your normal base for any reason (e.g. attending a conference) on a strike day you should notify your Manager of your absence. If you are on annual or other leave Payroll will be aware of this through the HR System. If you are not at work and your Manager is not aware of the reason for your absence, it will be assumed that you are taking part in the strike and salary deductions will be made.

Strike action is a breach of contract and in line with University policy for those involved in strike action there will be a deduction from salary as follows:

Full-time members of staff:

• a deduction equivalent to 1/365th of annual salary for each day on which strike action takes place.
• a deduction equivalent to contractual hours that should have been worked on each day on which strike action takes place.

Part-time members of staff:

• a deduction equivalent to contractual hours that should have been worked on each day on which strike action takes place.

Any member of staff taking part in any form of industrial action, including participation in  strike action of less than a day, will typically be committing a breach of their contract of employment. University policy requires all staff to perform and undertake all aspects of the work for which they are paid. The University fundamentally rejects the partial performance of any member of staff, including partial performance due to a part-day strike and is entitled to withhold a full day’s pay in respect of each day on which partial performance occurs. In this event, where a member of staff participates in a part-day strike and chooses to attend work and carry out their normal duties during the remainder of that day it will be considered that they are doing so on a voluntary basis. The University is not obliged to make payment in respect of any such work undertaken.

On occasion, the University may choose to vary the amount of pay withheld. If this is the case, it will confirm its intention regarding salary deductions in advance of each instance of legal strike action. Failing any such communication, employees should assume that (as outlined above) no payment will be made in respect of any work during the remainder of the strike day.

Time lost due to strike action will not count as time worked. If you work extra hours, these will be paid at plain time until you reach the number of hours required for overtime rates.

The University is not obliged to make pension contributions for scheme members when they are on strike, but will inform you of its position on pensions when it writes to you about each instance of strike action.

Picketing of workplaces is protected by law and, any such past activity at the University has generally been undertaken peacefully and courteously. Pickets may try to persuade you peacefully to support the industrial action; however, staff who wish to work have the right to do so and will be allowed to cross the picket line. If you decide not to cross the picket line, you will be considered to have joined the industrial action and pay will be deducted accordingly.

Leave approved through the HR Self Service Portal prior to the date that strike action was notified to the University will be honoured. It is unlikely that any new request for annual leave on the day of action will be authorised. If, due to unforeseen circumstances, you need to request to take leave, you should discuss the reasons for this with your line manager. A new leave request will only be approved if there are exceptional circumstances.

Colleagues who are members of a different trade union to that which has a mandate (and has given notice) to strike, may not lawfully participate in strike action. This would constitute taking part in unofficial strike action for which consequences could include disciplinary action up to and including dismissal.

Non-union members can participate in strike action and have the same rights as union members, providing the strike action itself is lawful.

If you are off sick on a strike day, you must notify your manager of your sickness absence before your normal starting time or, where this is not reasonably practicable, within one hour of it, as required by the University’s Managing Attendance Policy.

Day(s) on which legal strike action is taken do not break continuity of employment. However, strike days are excluded for the purposes of accruing statutory entitlements e.g. qualification for maternity pay etc.

Your union will normally give you details of what action it expects you to take. Your contractual obligations cover not only what is written in your contract of employment and related documents but also the customary ways in which people have worked in your area and the implied duties of fidelity and good faith. Any action which would entail non-compliance with any of these aspects of your contract will be deemed to be a breach of contract. The University will not accept partial performance of your contract and reserves the right to make appropriate deductions from your salary.

Yes, work can be temporarily reallocated to other staff not on strike. 

Migrants sponsored under Tier 2 or Tier 5 (Temporary Worker) are permitted to take unpaid leave to take part in legally organised strike action without impact to their visa.

Casual workers are not obliged to accept work, therefore a casual worker can opt to turn down work on planned strike days and in turn the University will not process payment for any hours not worked.