Industrial action, 30 November 2011

Frequently asked questions: UCU strike action and UNITE action short of strike

1. Why has the strike been called?

The University and College Union (UCU) has called the strike as a result of changes to the USS Pension Scheme. UCU believe that the changes proposed to the USS pension scheme are detrimental and that their members should not suffer a reduction in their pensions.

Details on the Pension negotiations as described on the Employers Pension Forum (EPF) website.

Further details on the strike action are available through the following links to the University website and UCEA website:

2. Why has action short of strike been called?

UNITE has called action short of strike as a result of a breakdown in the national pay negotiations. UNITE believe that the current offer is not acceptable.

Details on the pay negotiations as described on the Universities and Colleges Employers Association (UCEA) website.

UCU have previously notified the University that their members had also voted to take part in action short of a strike. The UCU’s on-going 'action short of a strike' involves a work to rule and relates to the union’s on-going dissatisfaction with the recent changes to pensions that have been implemented nationally by the Board of the Universities Superannuation Scheme (USS). This means that staff are still expected to abide by the terms of their contract, including the obligation to perform their duties in an efficient manner. This industrial action has been ongoing since October 2011 and it is anticipated that UCU’s action short of a strike will continue until further notice is received from UCU, which may include escalation to strike action.

3. What is action short of a strike?

'Working to contract' (also referred to as 'work to rule') involves staff meeting all the obligations of their contract in that they abide by the terms of their contracts, including their obligation to work in an efficient manner. Such action can still be regarded as the commencement of lawful industrial action. The obligation to work in an efficient manner expressly acknowledges that compliance with this duty is part of full and proper contractual performance. As working in an efficient manner is fully assumed to be an implied contractual duty it is therefore appropriate that line managers may give lawful reasonable management instructions to employees about how to exercise their contractual duties and this would include instructions about prioritisation of work.

An overtime ban as part of action short of a strike is the withdrawal by staff of their availability to carry out overtime. Where this is not a contractual obligation there will be no breach of contract. However, where overtime is a contractual obligation and staff refuse to carry out overtime, they will be in breach of their contracts and consequently will have pay withheld.

4. Which employees may go on strike?

The strike covers all those staff who are members of UCU.

The University does not know which of our staff are union members so we cannot say specifically who will be affected by the strike. However, generally UCU membership is located in academic and some support posts.

5. Which employees may take action short of strike?

The action short of strike covers all those staff who are members of UNITE.

The University does not know which of our staff are union members so we cannot say specifically who will be affected by the strike. However, generally UNITE membership is located in technical posts.

Action short of strike also covers all those who are members of UCU as a result of pre-existing action that commenced in October 2011.

6. Which unions have voted for strike action and action short of strike?

The University and College Union (UCU) and the Educational Institute of Scotland (EIS) have voted for strike action. UCU and UNITE have voted for action short of strike. UNISON and UNITE have not balloted or voted for strike action.

UCU and UNITE are two of the recognised campus trade unions at York.

UCU local branch information is available at:

UNITE local branch information is available at

If a member of a union that is not taking official industrial action joins the strike or actions short of strike, they will have no legal protection and would be in breach of their contract.

7. How does the University manage strike action?

The University manages strike action in accordance with the Managing Industrial Action policy which contains the principles that will be adopted at times of industrial action.

8. Do staff have to notify anyone if they are absent because of the strike, or are taking action short of strike?

As your employer the University has the right to ask if staff intend to or have participated in the strike, or action short of strike, and staff should inform it of their intentions. The University is working on the basis of trust in respect of staff advising us whether they intend to take, or have taken, strike action. If staff do strike or take action short of strike, they should inform HR at: hr-notifications@york.ac.uk .

The University needs to know who is going on strike in order to take action on pay. The University also need to know who is taking action short of strike to ensure contractual obligations are not breached.

The University will ask all staff who may be eligible to take strike action and action short of strike to confirm if they take strike action or action short of strike. This will be done electronically by an e-mail communication. It would also be helpful to let your manager know in advance. If you are absent for any other reason you are required to discuss this with your manager.

9. What will happen if staff go on strike?

By going on strike staff are legally deemed as not working in terms of fulfilling their duties and responsibilities as defined in their contract and are therefore breaching their contract of employment. Staff not working will not be paid for the day, or days, they are on strike.

For further information on the withholding of pay please see Questions 15 and 16.

10. What will happen if staff take action short of a strike?

As UCU and UNITE are not asking members to breach their contracts the University expects this contractual position to be observed. If your actions do NOT constitute a breach of contract your pay will not be affected. The University will expect staff to prioritise essential work and ensure that commitments are met within reasonable timescales.

However, if contractual obligations are not being met or conducted by staff in an efficient manner, the University will implement the managing industrial action policy and pay will be withheld in line with the University policy.

Should the industrial action result in staff not working in terms of fulfilling their duties and responsibilities as defined in their contract, and therefore breaching their contract of employment, they will not be paid for the day, or days, they take industrial action.

11. What if staff are on annual leave on the strike day?

If staff are scheduled or planning to take annual leave on the days notified for strike action, they need to ensure that they have had their leave authorised using the normal procedures. If staff are on leave but intend to take strike action they need to inform the University as detailed in Question 8 to inform us that they are on strike. If they are on annual leave then they will not be considered to be taking part in strike action, unless they inform us that they will be taking strike action.

For more information on the University’s Annual Leave policy please go to the following link:

12. What if staff are unwell/on sick leave?

If staff are off sick on the day notified for strike action, they should report sickness using the normal procedures.

For more information on the University’s sickness absence policy, and payments arrangements and procedure please go to the following link:

13. What if staff are unable to attend work due to caring responsibilities as a result of strike action affecting another organisation?

If staff are unable to attend work on the days notified for industrial action due to caring responsibilities as a result of strike action affecting another organisation (for example: childcare responsibilities as a result of strike action at schools), they should request absence from their line manager as Annual Leave, Flexitime, Time Off in Lieu (TOIL) or Emergency Leave for Care of Dependents, whichever is appropriate.

For more information on the University’s leave policies and procedures:

14. Will the University be open?

Yes, the University will be open as normal and will take all reasonable steps to protect students and staff who are not part of the strike action, and to minimise disruption.

15. How is the amount of pay to be withheld calculated?

Pay will be withheld on the basis of 1/260 th of annual salary for each day a member of staff has been on strike.

Pay that is withheld will be paid into the Student Hardship Fund.

16. When will pay be withheld?

Pay withheld will be deducted in December 2011.

17. Will the withholding of pay affect pension?

The University of York will continue to pay full pension contributions to USS in respect of each day of industrial action.

For further information on the impact on pensions contributions please contact the Pensions and Payroll Office.

18. Will staff be disciplined if they take part in the strike action or action short of strike?

The University will not take disciplinary action against any trade union member taking lawful action. However, if an incident takes place during the strike, or action short of strike, that is considered to be misconduct (for example, violence, intimidation, harassment or damage to property) disciplinary action may be taken.

19. If I am ‘working to contract’ how am I affected by the Working Time Regulations?

Members of staff 'working to contract' will be expected to meet the obligations of their contract, as detailed in Question 10 above, including working in accordance with contractual hours and the Working Time Regulations.

Working Time Regulations do not set a limit on maximum hours of work per week but rather set an average limit of 48 hours per week calculated over a 17 week reference period (816 hours over a rolling period of 17 weeks). This means that there is no maximum number of hours for a specific week; staff can work more than 48 hours in one week, as long as the average over 17 weeks is less than 48 hours a week.

The University operates in accordance with the Working Time Regulations in conjunction with contractual hours. A full time employee is contracted for 37 hours per week and part time employees are contracted on a percentage pro rata of 37 hours per week.

Information concerning Working Time Regulations is available through the DirectGov website.

20. What are the rules on picketing?

In order to retain immunity from legal proceedings, pickets must:

  • Be peacefully obtaining or communicating information, or
  • Be peacefully persuading any person not to work
  • Be picketing at or near the entrance/exit of their place of work
  • Not picket on or inside any part of the premises which are private property
  • Not commit any other unlawful act, such as nuisance, trespass or obstruction.

Members of staff, be they UCU members, Unison members, Unite members or non-union members, who choose not to cross a picket line and, in so doing, would not be at work will be considered as having breached their contract of employment by nature of strike action and will have a day’s pay withheld.

21. How many pickets are allowed?

The Code of Practice on picketing (PL928) advises that there should be no more than six pickets at any entrance to, or exit from, a workplace. It is stated that “mass picketing” may cease to be peaceful persuasion and may become obstruction or harassment, if not intimidation, and therefore is not picketing in the lawful sense. We anticipate that any picketing will adhere to this code and staff should feel able to come into work, if they chose not to strike or take action short of a strike, or, if possible, use another entrance to access their work location.

22. How do I respond to picketing if I want to go to work?

Picketing involves peacefully persuading workers about the reasons individuals are talking industrial action. Pickets cannot stop you from going to work, nor can you be obstructed from attending work. Similarly pickets cannot make threats or implied threats to prevent you from attending work. If you want to attend work you should do so, using an alternative entrance to work if possible.

Only staff in UCU can take official strike action. If staff who are not members of UCU do not wish to cross the picket line their absence will be considered as unauthorised.

23. How do I respond if I wish to join industrial action?

If, as a result of speaking with colleagues on a picket line, you wish to join the industrial action, you need to inform us in accordance with Question 8.

24. Continuation of work - reasonable management actions

It is entirely reasonable for management to organise work in preparation for strike action, or action short of a strike, in order to minimise the impact on work. Therefore the University considers it reasonable for a manager, in being advised about strike action or action short of a strike, noting that only seven days notice is required for such actions, to reprioritise work in order for the work to be completed outside the days of action. For example, if a strike is declared on a day when it was expected to set an exam paper it is entirely reasonable and appropriate for management to organise another day for the exam paper to be set, re-organising workloads to achieve this outcome.

 

Last Updated: November 29, 2011 | Alex McFarlane

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