Proposed industrial action by UCU
Tuesday, 22 April 2014
You will be aware that the UCU has been in dispute recently with the University with regard to the outcomes of the 2013-14 national pay negotiations. There have been a number of one-day strikes and, more recently, three 2-hour strikes. To date the University's response has been relatively low-key.
The UCU has now informed the University that it will instruct its members to engage in continuous action short of strike in the form of a marking boycott with effect from Tuesday 6 May 2014; this is intended to be a comprehensive boycott of all marking, course work assignments, examinations, and exam boards, and therefore includes all student work submitted for assessment.
Such action represents a breach of contract by the staff concerned, and is a serious escalation of the dispute aimed at causing maximum disruption. In these circumstances, and being mindful of our obligations to our students, the University must take all reasonable steps to minimise impact. We have previously asserted our right not to accept partial performance and reserve the right to make deductions from pay where breaches of contract occur.
This means that the University is not legally obliged to make payment when only partial performance is rendered and is entitled to withhold the full pay due. Therefore from the point at which any individual member of staff fails to meet their full contractual obligations the University will withhold 100% of pay, and will continue to do so until the union calls off the action or the individual confirms they are resuming full duties and does resume full duties. During any such period it will not be possible to maintain pension contributions, where appropriate. Please also note that on resumption of full duties the University reserves the right to require relevant colleagues to prioritise missed work over other work; there will be no additional pay for doing this.
If you were to take part in the assessment boycott action short of a strike you would not be expected or required to attend work. Should you decide to perform some of your duties, this would be at your discretion and not at the behest of the University, and as such the University will be under no obligation to pay you at all for partial performance of your contract during the period in which you participated in this industrial action. Any work carried out during the period (which, as set out above, is not required or expected by the University), whether in the University, at home, or elsewhere, would be voluntary on your part and would not be paid. The withholding of pay is without prejudice to any other right or remedy of the University, including any claim for damages for breach of contract and the University further reserves the right to join you as a party to any claim for breach of contract brought against the University as a result of this action.
The University regrets the escalation of this dispute by the UCU, and the detriment that may be suffered by our students as a direct consequence.
If you have any concerns or require further information or clarification, please contact me or the Human Resources Partner for your area.
John Brady
Director of Human Resources