Information

South West Industrial Relations Exchange Online – Friday March 27 – Edition 02

Distribution: Officers of the South West and Extended Region

Working from Home and online teaching

We are receiving some messages from members anxious about their ability to deliver online. Please refer them to the national UCU guidance (link below) sent out from the regional office on Wednesday. Remember that your employer has a duty to support you and advise; you should not be left isolated. It might be also be a good idea to set up a WhatsApp group with colleagues delivering similar parts of the curriculum so that you can share ideas and experiences.

https://www.ucu.org.uk/media/10830/UCU-guidance-on-working-from-home-and-teaching-online/pdf/ucu_workfromhome_guide_mar20.pdf

Staff Unable to Work from Home

Where staff are able to work from home, they should obviously be paid as normal. Where staff can’t work from home – due, for example, to the nature of their work – but are currently prevented from carrying out their work, UCU is obviously anxious that they remain in employment – and continue to be paid – during any period for which they are effectively ‘laid-off’ (we refuse to use the term ‘furloughed’). Clearer details of the Government’s Job Retention Scheme are emerging now, and all employers should have been waiting for that rather than rushing to push out communications saying that they will simply stop paying certain groups of staff where they believe that the nature of the contract allows them to.

One college decided to give all its part time AE tutors 2 weeks’ notice of dismissal …unbelievable . The UCU were all over this and the notice has been withdrawn.

If it helps the AOC has sent this to all its member colleges in regard to the staff retention scheme “Staff on the DfE helpline have already advised college finance directors that colleges will be eligible to apply for support on account of their private sector status.” This may be helpful when challenging colleges that are moving quickly to lay people off.

UCEA COVID 19 statement

You may be aware of a joint statement issued by UCEA on Tuesday and signed-up to by the four other HE unions nationally (Unison, Unite, GMB, and EIS) but not UCU.

This is a note to outline why UCU felt unable to sign-up to the joint statement.  The statement as proposed was too weak, and the final version remains so, as it fails to address three areas of concern for UCU, on which UCEA were not prepared to move:

The closure of all non-essential core face to face functions (in terms of teaching this had largely been done but libraries and other non-essential face to face functions were/are still operating;

A pause to negotiate and agree with trade unions arrangements for alternative ways of working including online and home working;

Agreement to ensure all staff working for /delivering services to universities continue to be paid and retained including casualised staff and those employed by contractors, where necessary making use of the government’s Covid-19 wage subsidy offer.

Holidays

Whilst it is understandable that Institutions will try and ensure that staff do not save entitlements until later in the year it is equally unfair for them to force the front loading of holidays. Please refer to your contracts and policies and insist that they are adhered to and not arbitrarily ignored. Contact you officials if you need support re this.

Business as normal

The Swindon Colleges still insist on ploughing ahead with a merger despite our tying to halt it for the time being. Apparently, the Olympics can be postponed but not this!! Comment from member below representative of views

‘I’m sure that I am not the only one but with unprecedented crisis, caring and supporting my family which includes my wife who is a front line NHS worker working in Corvid wards. She has elderly grandparents and children at home as well as attempting to teach and support students. TUPE consultation is at the very bottom of my priorities. I think the college needs to take a reality check.’

City of Bristol College is currently refusing to pause a management restructure/redundancy process. Ploughing ahead with this in the context of the crisis is ridiculous, and the additional stress and anxiety this creates for those potentially facing redundancy is, in the union’s view not only unnecessary but also heartless.

Other employers are taking a much more humane approach though such as Bristol University who , after requests form UCU have paused their restructuring programme for Professional service staff,

Redundancy Consultations Paused

Cornwall College and South Devon have paused all redundancy consultations.

Casual and precarious staff

In the first edition of SWIROL, we shared some examples of good practice, where employers are providing assurances that, for example, hourly-paid teaching staff will continue to be paid for work that has been scheduled even if it doesn’t take place (through no fault of the lecturer). However, we still have a number of gaps in our information about what employers are doing to support casual and precariously-employed staff. Please keep feeding information to us via exeter@ucu.org.uk

Strike Pay Deductions

Exeter University have agreed to suspend all strike pay deductions until May and then deductions would be taken in May, June and July. UCU have requested that deductions are rescinded but have been told that within the Russell Group, very few were doing so. UCU will continue to press for no deductions to be made.

Prison Education Staff

Although the majority of Prison Education staff are no longer required to attend the workplace, we still have a number of issues we are trying to resolve with the employer and the Government. It is unclear whether Weston College will take advantage of the Government’s Coronavirus Job Retention Scheme and lay off their Agency Workers or simply lay them off, with no pay. UCU are pressing for the college to access the scheme and protect their agency staff. UCU has also produced guidance for Prison Education members if they are instructed to attend the workplace and this can be accessed here.

https://www.ucu.org.uk/article/10735/Education-provision-during-Covid-19-lockdown

Video Conferencing

Further to Morin’s piece in SWIRE online’s first edition, distributed on Wednesday, and following updated legal advice we would like to give further clarification on her piece on Video Conferencing:

Individual members should be entitled to seek that a formal internal hearing is conducted in person rather than remotely. If an employer refuses then as a Trade Union we will express concern but given the unprecedented times we all are faced employers are being given leniency in this regard.

Whether an employer’s actions are unreasonable is ultimately up to an Employment Tribunal. We should however argue that refusing a member’s request for an in-person hearing would be unreasonable particularly if the sanction is punitive. This involves a balancing exercise. For example where a case is document heavy and complex the representative could  be significantly disadvantaged in putting forward the member’s case.

Additionally, If a member is disabled then there would be the additional considerations of reasonable adjustments and the member may want to request an in-person hearing, when it is safe to do so, as a reasonable adjustment.

We are now hearing of both good and bad practice but after UCU lobbying at least we are reaching agreements that allow for methodology of meetings to be taken on a case by case basis

Communicating with Members

Please remember at this time it is important for branch officers to keep in touch with their members to update them with the latest advice and to reassure them. I can see no reason why these communications cannot be shared with potential members to remind them the we are the organisation that has staff interests as our highest priority. Please encourage your members, where appropriate to share UCU’s communications with their colleagues and non-members and remind and encourage them to join before they need help.

If anyone needs help with communications please contact dotoole@ucu.org.uk

Your Regional Team

UNIVERSITY AND COLLEGE UNION
TELEPHONE 01392 412525
Twitter  @UCUSOUTH WEST

Updated: Wednesday 21 February, 2018

At the Regional Committee meeting on Friday 2 February at the Exeter Regional Offices it was decided that such was the importance of the USS pensions dispute facing pre-92 Universities, that ALL branches in the region be asked to support it in any way possible. ALL Branches are asked to organise their members to attend pickets, offer messages of support, contribute to any collection for hardship funds and to lobby MPs by writing to them and visiting their surgeries.  You can find out details of your MP here www.theyworkforyou.com.   Please see below for picket and other details. Please circulate this blog link widely to sister trade unions, Trades Councils and interested parties. The short link for printed materials is https://tinyurl.com/USSSW

This page will be updated with the latest strike and picket information. If you can’t find what you need here please contact the branch directly, or Regional Organiser, Dave O’Toole dotoole@ucu.org.uk   or look on the UCU website https://www.ucu.org.uk/strikeforuss

Last updated: February 9, 2017

USS is the collective pensions scheme for pre-92 universities. In this region Exeter, Bristol and Bath three of the 61 affected across the country.

UUK, the representative body to the USS pension scheme, have announced intentions to move from a defined benefits pension scheme to a defined contributions scheme. UCU has been in negotiations with UUK for over a year but has made no progress in overturning this. It means in essence that the current scheme which collectivises pension risk and pays a final pension linked to salary will be replaced by one which throws the risk onto the individual and makes the final salary dependent on the stock market. It has been calculated that the proposed changes will result in a loss of value of the pension of at least 20% with some estimates predicting 60% and more.  Currently, though, the scheme is fantastically successful with around £60bn of assets. It has a positive cash flow and so brings in every year more than it pays out.  This situation is expected will continue for at least the next 30 years (or as far as can be predicted). But closing off new payments into this scheme will very rapidly move it to the situation where it will be in a negative cash flow and this could happen within 5 or 6 years.

More information here: https://www.youtube.com/watch?v=hrKIJMLUIO4

These changes represent the biggest attack on UCU’s members that has ever been mounted and requires the biggest ever response.

In a ballot to take industrial action UCU members smashed though the Trade Union Bill requirement for a 50% turnout. More than 58% (a record) voted and there was record vote in favour of action with 88% voting for strike action and 93% for action short of a strike. We are asking for support from all UCU members and fellow trade unionists.

In response to this ballot UCU will be holding fourteen days of escalating action Thursday 22 February, Friday 23 February, Monday 26 February, Tuesday 27 February,  Wednesday 28 February,  Monday 5 March, Tuesday 6 March, Wednesday 7 March, Thursday 8 March, Monday 12 March, Tuesday 13 March, Wednesday 14 March, Thursday 15 March, Friday 16 March

University of Bath

University of Bath UCU Branch will be picketing the three entrances to the campus (North Road, Bathwick Hill pedestrian entrance, and The Avenue from 07:00am to 13:00pm on 22 & 23 February as well as the Virgil Building (the old police station) in the city centre. Messages of support and requests for information can be sent to ucu-sec@bath.ac.uk . We will be delighted to meet anyone on our picket lines. Bring a banner from your union branch if you have one, but most of all bring yourself.

Bristol and Bath – Paul Bridge, UCU Head of Higher Education, Bargaining and Negotiations, will speak on 26 February at The University of Bath at 10:30am at the pedestrian entrance to campus and later at The University of Bristol 2:00pm at Senate House, Tyndall Ave, Bristol BS8 1TH

Please send messages of support to ucu-sec@bath.ac.uk

For each day we are on strike, we lose a day’s pay. We believe that our lost wages should go into a hardship fund for our students and towards improving mental health support for students and staff.

Staff and students please sign our petition here: http://bath.web.ucu.org.uk/2018/02/18/petition-strike-hardship-mental-health/
All staff and students are invited to sign this petition to university senior management.

The branch is also organising a “Strike on Teach Out” event from 3:00pm – 6:00pm on Thursday 22 and Friday 23 of February. Please see the Facebook page for more details. Venue: Black Bell Inn, Walcott Street, Bath. for details go here:  https://www.facebook.com/StrikeOnTeachOut/

We welcome contributions to our hardship fund. Please contact Michael Carley for details. m.j.carley@bath.ac.uk

University Of Bristol

Main Contacts – Tracey Hooper and James Thompson, email ucu-office@bristol.ac.uk

Prior to the action, Bristol Branch are holding an evening event, co-hosted by Bristol Student Labour Party called ‘Why is my lecturer on strike?’ on Tuesday 20th Feb at 6pm. Lecture Theatre 3, Woodland Road Complex, BS8 1TB.

Thursday, 22nd February
08:00: Picket lines staffed Senate House  (Tyndall Avenue, BS8 1TH).
10:30: Rally, Rally, Senate House  (Tyndall Avenue, BS8 1TH). We suggest anyone who would like to join us and show support should head to this location either for rally/march or picket.
11:00-11:30: March to Wills Memorial Building (Queens Road, BS8 1RJ)
11:30-12:00: Rally, Wills Memorial Building
12:00-: Teach-Outs will be held at Woodlands Church, Belgrave Road, Bristol, BS8 2AA. Topics include the history of the trade union movement, and the anniversary of 1968 protests.

Monday, 26th February:
08:00: Picket lines staffed (Tyndall Avenue, BS8 1TH)
10:30: Rally, Senate House (Tyndall Avenue, BS8 1TH)
13:30: Wills Memorial Building (Queens Road, BS8 1RJ
14:00: Senate begins
14:00-14:30: Rally, Wills Memorial Building (Queens Road, BS8 1RJ)

Bristol and Bath – Paul Bridge, UCU Head of Higher Education, Bargaining and Negotiations, will speak on 26 February at The University of Bath at 10:30am at the pedestrian entrance to campus and later at The University of Bristol 2:00pm at Senate House, Tyndall Ave, Bristol BS8 1TH

We welcome contributions to our hardship fund. Please contact Tracey Hooper for details.

Please send messages of support to President, Tracey Hooper

Students at Bristol have backed a petition calling on the university to refund tuition fees for all those who lose lecturer contact time as a result of the action. See here: https://www.change.org/p/university-of-bristol-university-of-bristol-strike-compensation

University Of Exeter

Main Contact – Barrie Cooper email B.Cooper@exeter.ac.uk

Pickets Thursday 22 February, Friday 23 February

Streatham (both entrances); meet at the corner of Prince of Wales Road and Stocker Road (EX4 4PU)
St Luke’s Campus (EX1 2LU) Barrack Road (EX2 5DW)
The Alexander Building, New North Road, Thornlea, Exeter EX4 4LA
Penryn Campus, Penryn TR10 9FE

Thurs 22nd: All members out and on picket lines at all campuses 7:30-11:30 followed by a march to a rallying point at St Sidwells
Fri 23rd: All members out and on picket lines at all campuses 7:30-11:30 followed by social.
Barrie Lovejoy – National Head of Regional Organisations and Nations will be in Exeter on Friday 23 February and will visit with pickets.

Mon 26th & Tues 27th: Members strike, but no specific pickets/events planned
Weds 28th: Members strike.  Afternoon – teach-out/public lectures.

University of Exeter Branch will begin a programme of events to which all interested members of the public are welcome to attend. While originating in the strike, we intend to continue organizing such events after we restore our pensions: as an element within the university of the future. Please see their Facebook Page for more details. https://www.facebook.com/volunteeruniversity

We welcome contributions to Exeter’s hardship fund. Please contact Barrie Cooper B.Cooper@exeter.ac.uk for details.

Please send messages of support to Barrie Cooper.

Student support

We have been overwhelmed by offers of support and positive action by students. Students at Exeter have managed to change the mind of key bodies within the university to support our action. Students at Falmouth FXU (which shares a site with Exeter at Penryn are leafletting and at the University of Bristol more than 2,100 3,500 students have backed a petition calling on the university to refund tuition fees for all those who lose lecturer contact time as a result of the action. See here: https://www.change.org/p/university-of-bristol-university-of-bristol-strike-compensation

What can you do?

If you work in universities, join a union and take strike action.

If you’re a student, graduate, or parent of a student, lobby your university leader to oppose the pension cuts and resume negotiations with our union, UCU: https://www.ucu.org.uk/studentvoice. If you’re an Oxbridge student/ alum, this is particularly important because Oxbridge is the leading force promoting pension cuts.

If you’re a concerned member of the public, write to your MP asking them to sign Early Day Motion 619, which calls for a prompt and fair resolution of the dispute, and requesting that they pressure your local university to resume talks: https://www.writetothem.com

UCU South West Regional Committee Motion

From Michael Carley (Regional Chairperson) on behalf of the UCU South West Regional Committee.

Dear Member,

The motion below was carried unanimously at our meeting of last Saturday 29th October

In the climate of open racism which has developed since the EU referendum, we as South West UCU members

1. condemn attempts to exclude non-UK students and staff from our institutions of Further and Higher Education, and to discriminate between staff on the basis of nationality.

2. condemn the proposal to oblige employers to list “foreign” staff and to treat the employment of non-UK nationals as a reason for shame.

3. condemn the scapegoating of immigrants for problems caused by a policy of “austerity”.

4. condemn the treatment of immigration as a problem to be solved.

5. condemn any rhetoric which divides workers amongst themselves.

We reaffirm our commitment to the fundamental trade union principles of solidarity and unity and

1. demand that institutions of learning remain open to students and staff of all nationalities.

2. demand that our employers guarantee that they will not discriminate between staff on the basis of nationality or implement lists of “foreign” workers.

We will work with and through organizations in the labour movement and beyond to live up to our principles and to stand with our brothers and sisters from wherever they may come.

We ask UCU members to:

1. sign the UCU petition calling for protection for non-UK staff and students post Brexit.

https://www.ucu.org.uk/article/8463/Will-you-help-UCU-stand-up-for-EU-staff-and-students

2. organize within branches and communities to defend staff, students, and anyone else who might be affected, for example, through trades councils, students’ unions, immigrant defence groups, anti-racist organizations, the Migrants’ Rights and the One Day Without Us campaigns.

Further information and resources:

UCU’s legal service now offers immigration advice: https://www.ucu.org.uk/legal#immigration

UCU and CLASS have produced a report on why immigration is good for us all: http://www.ucu.org.uk/media/6865/Why-immigration-is-good-for-us-all-UCU–CLASS-Oct-14/pdf/whyimmigrationisgoodforallofus_oct14.pdf

South West TUC has produced a booklet on immigration in the region. Copies are available through your branch or regional office, or you can download a PDF: https://www.tuc.org.uk/about-tuc/regions/migration-and-south-west-south-west-tuc-guide-population-and-migration

A number of universities have already taken action in support of non-UK staff. For example:

Exeter University is covering the cost for EU staff applying for a permanent residency card, which proves their right to remain in the UK.

Newcastle University is offering interest free loans to staff who wish to become UK citizens:

https://my.ncl.ac.uk/staff/nuconnections/item/welcome-to-this-brexit-edition-of-nu-connections

At UCL, management, trade unions, and the student union issued a joint statement in defence of the rights of EU and EEA residents in the UK:

https://www.ucl.ac.uk/news/staff/staff-news/August/24082016-Provost-and-union-representatives-press-government-EU-citizens-status

If you want to discuss this motion further or get more involved in the UCU South West Regional Committee then please contact me via the regional office at exeter@ucu.org.uk.  The next meeting will be on January 21st in Bristol (full details will be sent out nearer to the date).

Yours in Solidarity

Michael Carley (SW Region Chairperson)

Action on Pay – UCU and Joint Unions National Pay Claim 2016/17

Background – The FE England Joint Trade Unions submitted their 2016/17 claim to the Association of Colleges (AoC) on 26 April 2016. The heads of claim were:

• An increase of £1 extra per hour for all staff
• All Colleges to ensure fair pay for women by conducting Equal Pay Audits or reviewing any existing Audits; identifying any gender pay gap; and constructing an Action Plan with the Trade Unions locally to eliminate any such gaps.
• Hourly paid, temporary, fixed-term or casual staff working in a college for more than two years to be offered a permanent post on a pro-rata basis that is commensurate with the hours they actually work.
• The starting rates to be no lower than the Living Wage Foundation rates of £8.25 outside of London and £9.40 in London with annual up rating. Colleges to work to become Living Wage Foundation accredited.

The second meeting of the National Joint Forum the 2016/17 pay round, originally scheduled for 5 July but postponed, was held on 21 September. The AoC addressed all four elements of the trade unions’ claim in the following manner:

Living wage – “The pay arrangements in many colleges are already equivalent to or greater than the Living Wage Foundation rates. Where this is not the case, colleges should consider strategies to address this as part of an overall review of reward, employment offering and job design. The decision on whether or not to formalise accreditation is a matter for individual colleges based on their particular circumstances.”

Casual Employment – “It is recommended the colleges continue to regularly review their establishment flexibility ratios to ensure they continue to reflect and plan for the changing business and operating environment and keeping the requirements of the regulations in mind. Similarly, in line with the regulations and any existing agreements, colleges should identify any staff who have been employed on fixed term contracts of four years or more and take any appropriate action needed.It is suggested that a joint working group be formed to develop models of good practice.”

Gender pay Gap – “As responsible employers, it is recommended that colleges review their existing audits or make use of NJF’S agreed toolkit to identify and assure themselves that males and females undertaking exactly the same work are paid equally. Where gaps are identified or there is potential for a pay gap to develop, colleges should seek to identify and address the matter through an action plan and consult with staff and workforce representatives on the plan and its implementation.

It should be noted that for the majority of colleges this is a routine action for HR functions who will undertake such activities in the general course of their work.”

Pay – “In line with the headline pay recommendations in public services for 2016/17, AoC will recommend the following to its members:

1% applied to all points or £250 where this is more beneficial (typically salaries below £25,000). Where an award is made and affordable, colleges should implement with effect from either August 1, their usual ‘award’ date where this is not August 1 or at the nearest available date thereafter subject to local conditions.”

It can be seen that despite protracted negotiation period the AoC final offer falls far short of addressing the substantive losses in pay of the FE sector. Importantly AoC recommendations are not binding on any college. The National FE Committee is currently collating feedback from UCU branches (as of October 13) and will meet to discuss any further actions.

The Trade Union Act 2016

The Trade Union Bill has been said to contribute to the already most draconian anti-trade union legislation of any western country. Thought much diminished in its original scope it is now passed into legislation as the Trade Union Act. (May 2016)

Implementation timetable

Although the Act will not come into force immediately: some of its provisions require further legislation in the form of regulations which need to be made before they can be implemented. The remaining provisions require the Government to set a date for their implementation, which they have yet to do. Therefore, the implementation timetable is currently unclear. However, we expect phased implementation to commence this year with some changes, such as to check-off, to be delayed until 2017.

Key changes under the Act in overview

Balloting

• A strike ballot must currently have the support of a simple majority of those voting. The Act introduces a new minimum voter turnout (i.e. that at least 50% of those entitled to vote do so) and an additional minimum support threshold applying in some Important Public Services (IPS) (i.e. that at least 40% of those entitled to vote must vote ‘yes’).
• Important public services include parts of the fire, health, education, transport, border control and nuclear services and include some private sector workers. Further regulations will be made providing the details. NB whether education and what parts of it are seen to be IPS will be subject to further discussion.
• The 40% support is triggered where the majority of workers are normally engaged in the provision of IPS. It does not cover ancillary workers engaged in IPS activities, as initially proposed. A trade union will have a ‘reasonable belief’ defence if it mistakenly breaches the 40% requirement.
• The ballot voting paper must carry more information, including a summary of the matters in dispute and the periods within which the action is expected to take place.
• Notice of industrial action to the employer is doubling to fourteen days (unless the employer agrees to seven days’ notice).
• Currently, industrial action must take place within four to eight weeks of the ballot and action can be taken indefinitely, provided the dispute remains live. This is repealed and the Act provides that a ballot mandate expires after six months, or up to nine months if both sides agree.
• Against its wishes, the Act requires the Government to conduct an independent review of electronic balloting for strike ballots. However, there is no legal commitment to its introduction.

Picketing, facility time, check-off and the Certification Officer

• Parts of the Code of Practice on Picketing become legally enforceable, including the requirement to appoint a picket supervisor who is identifiable when present at the picketing location.
• Public sector employers and some in the private sector (i.e. those with functions of a public nature and mainly public funded) with at least one trade union official will be required to publish facility time information, such as the amount spent on paid time off for union duties and activities. This change will not be introduced until further regulations, including defining which employers are included, have been made. The Act provides also for the possibility of future regulations limiting the amount and cost of facility time, should a particular employer’s facility time be a cause for concern.
• While the check-off ban has gone, the changes still require affected employers to make arrangements to recover costs from their trade unions. Some charities, housing associations and similar employers, where they carry out public functions and receive public funding, will also be concerned to understand more clearly from the Government whether they fall under the facility time and check-off changes.
• The Act introduces new powers for the Certification Officer (CO) to investigate and take enforcement action, including the imposition of financial penalties, against trade unions for breaches of their statutory duties. There will be changes to the annual returns filed by unions with the CO, including a requirement to set out details of any industrial action taken.

Finally, it should be noted that the Government announced last year a repeal of the ban on employers from hiring agency staff to provide cover during strikes. This change is not part of the Act and there is no further news on timing.

Comment

It is anticipated that the new ballot thresholds will focus trade union minds, for example, resulting in more strategic balloting where unions lack confidence in voter turnout or the level of support (in important public services ballots).