The legal rules around industrial action ballots mean that the management of the ballot is taken away from the trade union and handed to what is known as an independent scrutineer. This is a nationally recognised independent body whose role it is to manage ballot processes. The independent scrutineer appointed for the UCU ballot is the Electoral Reform Services. Once you have cast your vote and returned it in the pre paid envelope it is received by the independent scrutineer and counted. The only information returned to the trade union is the total number of votes cast, the number of yes votes, the number of no votes and the number of spoilt papers. No other information is returned. No information relating to individual votes is disclosed to the trade union.
If you take part in any form of industrial action you will not be paid for the period you withdraw your labour. Taking lawful industrial action involves going through the ballot process described above. Should the vote be in favour of strike action and strike action is called then anyone participating in that strike action will not be paid for the period they choose to participate.
Should you take part in strike action and/or action short of strike and you are subsequently not paid for the duration of your participation in that action, then for every day of action you participate in you will lose a day’s pensionable service. The overall implications of the loss of service would have to be calculated on an individual basis and would have varying degrees of impact based on an individual’s age and length of service. Additionally the normal life cover provisions currently afforded to pension scheme members will not apply for the duration of any industrial action where pay has been withheld.
Whether you have voted yes or no in the ballot it is entirely your choice as to whether you want to take strike action. Taking strike action is a breach of your contract of employment so it is not a decision that should be taken lightly. Taking strike action may also damage the excellent service we provide to our students at a time when they should be able to rely on that service. It may also damage the reputation of the University, adversely affecting how potential students and their parents view us as a University to which they would like to send their children. If you decide not to take strike action the University will do all that it can to assist you in exercising your right to attend your workplace.
The industrial action has been notified as a single day of action on 10 May 2012. As an individual who was called upon to vote in the ballot, you have the legal right to choose to take part in the strike action or not take part in the action. You also have the right to stop taking part in the action (should you decide to participate in the action) and return to work at anytime. For the duration of the strike/action short of strike action, be it indefinite or selected days or blocks of days, any employees taking part will not be paid. The impact of strike action and not being paid will have varying impact on individuals depending upon individual circumstances. Indefinite strike action will have a more detrimental affect on individuals. The longer the indefinite action the longer the no pay situation will continue. As a guide, using the mid point of each grade the gross value of a day’s pay is as follows:
| Grade 1 | £53.92 |
| Grade 2 | £59.46 |
| Grade 3 | £66.47 |
| Grade 4 | £74.45 |
| Grade 5 | £83.62 |
| Grade 6 | £96.85 |
| Grade 7 | £112.19 |
| Grade 8 | £133.85 |
| Grade 9 | £159.71 |
| Grade 10 | £185.06 |
| Grade 11 | £208.20 |
It won’t be a surprise to hear that the trade unions and the management of the University having differing views on this particular issue.
Whilst it is common ground that any industrial action may damage the University both in terms of the excellent service it provides to its students and its reputation as a University of first choice for students and parents, whether strike action will actually make a difference based on the trade union’s reasons for action is debatable. As trade union members I am sure you have been in receipt of lots of information from your trade union branch around why and how industrial action will make a difference.
However as has been articulated in numerous briefs and all staff emails The University is working hard to secure the future of the Institution in the context of long-term budget cuts across the sector. It is doing this in a responsible way by anticipating the severe financial constraints which will be imposed, not just reacting to the current situation. Only by acting in this way will the University be able to provide stable future employment for the majority of its staff.
Colleagues have been and are continuing to work extremely hard to mitigate the impact of the severe financial cuts and the uncertainty around fees. It is important that we do all we can together to protect livelihoods for the future. By acting now we believe this can be achieved.
You still have the right to decide whether to participate in the strike action or not. Giving consideration as to whether you should or should not, might be informed by looking again at the answer to question 6.
Voting for strike action does not mean you have to take strike action.
All holidays that have been booked before a pre determined date prior to the action will be honoured and your pay will not be withheld for that date. No applications for leave for the day of action will be accepted after this pre determined date. The actual date will be communicated to managers prior to day of action. It will be assumed that you are taking part in the industrial action if you are absent on that day and have not pre booked a holiday before that date. You will have your pay withheld.
Unless you are already known to be on sick leave, regrettably we will withhold your pay for that day until you can provide written evidence from your doctor that you have been ill.
No, providing you have confirmed to HR and payroll through the normal channels that this is the case.
It is appreciated, at this time of the academic cycle, that some staff will be engaged in the marking of exam scripts and that this activity often takes place whilst working from home. Subject to staff seeking the approval of their line manager then this will be allowed on the day of action.
As an individual who has a scheduled meeting, for example an interview or placement visit , on a planned day of strike action you would have to think carefully about how taking part in strike action would affect your ability to attend these meetings. Not all staff are in a trade union and therefore would not have been called upon to take part in any industrial action. Postponing meetings/interviews because some of the attendees cannot attend due to strike action would not be fair on the people who choose not to strike or are not members of a trade union and haven’t been called upon to participate in the strike.
The University will do everything in its power to ensure that staff who wish to attend work on any day of strike action can do so. Any industrial action can be damaging to an employer and can have an adverse affect on staff who want to attend work. They face the dilemma having to consider the possibility of crossing a picket line.
There are legal standards for the conduct of picket lines and the numbers allowed at any one building. This is usually no greater than six. The legal code of practice on picket lines also deals with the way participants on a picket line should behave and conduct themselves. The University will be reminding the trade unions of the code of conduct and will expect them to adhere to the code in full. Trade union representatives and members who participate on picket lines are first and foremost employees of the University, and the expectation is that they should conduct themselves with regard to the University’s policies and procedures.
Additionally, trade union members are not allowed to intimidate work colleagues into taking action nor victimise them for crossing a picket line. Any member of staff who feels they are being intimidated and/or victimised in any way should contact their line manager and/or the Employee Relations office.
It is anticipated that picket lines will be deployed across the University. The trade unions have been informed that Picket lines will not be allowed to congregate on University owned or controlled premises. The trade unions have been notified of the following boundaries.
All Saints Campus
Aytoun
Other sites
As a guide, using the mid point of each grade the gross value of a day’s pay is as follows:
| Grade 1 | £53.92 |
| Grade 2 | £59.46 |
| Grade 3 | £66.47 |
| Grade 4 | £74.45 |
| Grade 5 | £83.62 |
| Grade 6 | £96.85 |
| Grade 7 | £112.19 |
| Grade 8 | £133.85 |
| Grade 9 | £159.71 |
| Grade 10 | £185.06 |
| Grade 11 | £208.20 |