For members’ reference, we reproduce below the information included in the virtual ‘enclosure’ that accompanies the Branch’s Online Consultation on entering local disputes about (1) the University’s imposition of ‘Modernising the Governance’ changes and (2) the University’s refusal to hear MAB Grievances. Members are presented with this information after clicking the voting link and before reaching the voting page. We also include the questions that have been put to members.
Members will already have received emails advising them how to vote using UCU’s secure online consultation platform, including our email to members of 20/12/2023, which includes information on what to do if you have not received your individual voting link. If there are any problems, please get in touch with the branch office.
Voting closes at 4pm on Wednesday 17th January 2024.
Enclosure: Consultation on Southampton UCU Local Disputes
Overview
Southampton UCU Branch Executive Committee is consulting with UCU members about two issues of importance:
- The imposition by the University of Southampton of changes to the Charter, Ordinances, and many of its Employment Procedures, in a project known as ‘Modernising the Governance’.
- The failure of the University of Southampton to consider grievances submitted by staff on issues arising from the Marking and Assessment Boycott (MAB).
We are asking Southampton UCU members whether the Branch should enter a formal local dispute with the University of Southampton in relation to either of the above issues, and what action they would support if the Branch were to enter such a dispute(s).
This online consultation comprises four questions. In Question 1, the Southampton UCU Branch Executive Committee seeks members’ permission to enter a formal dispute with the University of Southampton, over the changes that it imposed on members following its ‘Modernising the Governance’ project, and in Question 2 we ask members to indicate what action they would like the Branch and its members to take if a dispute is entered over this matter. Similarly, in Question 3, the Southampton UCU Branch Executive Committee seeks members’ permission to enter a formal dispute with the University of Southampton over its refusal to hear grievances filed by our members about issues arising from the Marking and Assessment Boycott (MAB), and in Question 4 we ask members to indicate what action they would like the Branch and its members to take if a dispute is entered over this matter. Further context for these proposed disputes is provided below.
The outcome of Questions 1 and 3 will be announced as soon as is practicable following the close of the online consultation at 4pm on Wednesday 17th January 2024. For strategic reasons, we do not plan to publicly announce the results of Questions 2 and 4. Any dispute(s) entered as a result of this consultation will be managed by the Southampton UCU branch. If members vote to enter a dispute on either matter, the Branch Executive Committee will immediately call a meeting to discuss the result, and throughout any dispute(s) we will regularly consult and be instructed by our members.
Note that this vote is not a ballot for industrial action (strike, action short of strike, etc.), but an online consultation about entering formal dispute(s). We are not yet at the point where we believe it is necessary to hold a ballot for industrial action and hope that any dispute(s) authorised by our members can be resolved without this being necessary.
Modernising the Governance
During the academic years 2021-22 and 2022-23, the University of Southampton undertook a major project, which it called ‘Modernising the Governance’. This project involved removing the University’s Statutes and re-writing its Charter, Ordinances, and many of its Employment Procedures (for example, its Grievance, Disciplinary, Capability and Redundancy Procedures). As provided for by our recognition agreement with the University, Southampton UCU were consulted on these changes, and during intensive and detailed discussions our negotiators secured some improvements to the proposals on behalf of members. Ultimately, however, in an eBallot held during May 2023, and on the advice of our negotiators, 87% of Southampton UCU members who voted decided to reject the University’s ‘Modernising the Governance’ changes.
On 14 June 2023, a Branch AGM passed a motion reiterating members’ rejection of the changes and calling on the Branch Executive Committee to ballot members on entering a formal dispute. In a meeting with the Vice-Chancellor on 4 July 2023, the Branch President set out a proposal for further negotiations, but this was rejected by the University. The University then imposed the ‘Modernising the Governance’ changes on staff on 1 August 2023. Branch representatives again raised members’ rejection of these changes at a Joint Negotiating Committee meeting with senior managers on 12 October 2023, but were advised that the University’s position remains unchanged.
Detailed guidance setting out why our negotiators advised members to reject the proposals in the May 2023 ballot can be found at https://southampton.web.ucu.org.uk/2023/05/09/2723/. We continue to have the following principal concerns about the ‘Modernising the Governance’ changes:
- Academic Freedom. With the loss of the Statutes, all reference to international standards of academic freedom has been removed from the University’s governance documents. This coincides with a rise in members’ concerns about the suppression of academic freedom for political, financial and recruitment reasons.
- Loss of Independent Oversight in Employment Procedures. Oversight by independent Council members has been almost entirely removed from the Employment Procedures, and they now allow for decisions to be made by less senior staff than in the previous set of procedures. The imposition of these changes appears to have coincided with an increase in casework, unrelated to the MAB, relating to overbearing management.
- Procedure Timescales. The University has refused to commit itself to time limits in its Employment Procedures. We are deeply concerned by the length of time that it often takes to get outcomes for members with their employment-related issues, particularly given the impact that the delays and resulting uncertainty can have on their wellbeing. Conversely, we are also now seeing rushed disciplinary investigations or meetings called at short notice, for which members subject to these procedures have insufficient time to get UCU support.
Having exhausted all other options and given the University every opportunity to re-enter negotiations, we now have no choice but to ask all members to vote to enter a dispute over the imposition of the ‘Modernising the Governance’ changes. It is a matter of grave concern to the Branch Executive Committee that staff at the University of Southampton do not enjoy the protection of union-agreed procedures (including Disciplinary, Grievance, Capability and Redundancy Procedures), and, further, that the University has diluted Academic Freedom protections at a time when academics are increasingly under attack from the UK Government and sections of the UK media.
Recommendation: The Executive Committee advises members to vote ‘Yes’ to Question 1 to authorise the Branch to enter a formal dispute with the University in relation to the ‘Modernising the Governance’ changes. Question 2 is consultative.
Marking and Assessment Boycott (MAB) Grievances
As part of the ‘UCU Rising’ pay and conditions dispute and following a properly constituted national ballot of UCU members for industrial action, UCU members were asked to participate in a Marking and Assessment Boycott (MAB) from 20 April to 6 September 2023. The University of Southampton decided to impose 50% pay deductions from UCU members participating in the MAB, even though the time allocated to staff for marking is considerably less than 50% of their workload. In some cases, the period for which deductions were applied was not a fair representation of the period for which staff were participating in the MAB, and we are aware of considerable disparity across the University. Members were subsequently advised by UCU to submit grievances in relation to their deductions, but the University of Southampton took the extraordinary and unprecedented decision not to hear these grievances.
The Branch Executive is extremely concerned by this development: we consider that the University has acted contrary to its own procedures, contrary to the ACAS Code of Practice on Disciplinary and Grievance Procedures, and contrary to principles of natural justice.
On 19 September 2023, at a well-attended Emergency General Meeting, the membership of the Branch overwhelmingly passed a motion declaring that it had ‘no confidence in the University’s ability to apply its grievance procedure in a fair, reasonable and unbiased manner.’ Branch representatives raised our concerns with senior managers at our Joint Negotiating Committee on 12 October 2023, and wrote in detail to the University about the matter on 18 October 2023 (this letter can be found towards the end of the following blog post: https://southampton.web.ucu.org.uk/2023/10/18/correspondence-with-university-regarding-mab-related-grievances/). We received a reply from the University on 30 November 2023, which largely failed to address directly the questions we raised, and we replied on 14 December 2023 (this correspondence can be found in the following blog post: https://southampton.web.ucu.org.uk/2023/12/14/further-correspondence-with-university-regarding-mab-related-grievances/). As you will see from these exchanges, our principal objection is that we believe the University, by choosing not to hear members grievances, is failing to meet its legal obligations to employees, as set out in the ACAS Code of Practice. It is thereby setting a very dangerous precedent that damages the rights and protections of all employees.
Having exhausted all other options and given the University every opportunity to reconsider its position, we now have no choice but to ask all members to vote to enter a dispute over this matter, to send a clear message to the University that members expect all grievances, including those relating to decisions taken by the senior managers, to be handled in a fair, reasonable and unbiased manner, and in accordance with ACAS guidelines. It is vital that the University takes urgent steps to restore members’ confidence in its employment procedures and their application.
Recommendation: The Executive Committee advises members to vote ‘Yes’ to Question 3 to authorise the Branch to enter a formal dispute with the University in relation to its refusal to hear Marking and Assessment Boycott (MAB) grievances. Question 4 is consultative.
Consultation Questions
(1) Do you support the Branch entering a formal dispute with the University of Southampton over changes imposed following the ‘Modernising the Governance’ project? [Choose one option]
(2) What action would you like the branch and its members to take if a dispute is entered over the ‘Modernising the Governance’ changes? [Choose all that apply.]
- Internal communication and information campaign, including writing to student societies, senior managers, members of the University Council and Senate, petitions, etc.
- External communication and information campaign, including, for example, writing to local MPs and candidate MPs, local media, public bodies, petitions, etc.
- Hold a formal ballot for ‘action short of strike’ (ASOS). (NB: this current consultation does not provide authorisation for such action; the branch would need to hold a further formal ballot if members wish to take industrial action, including ASOS or strike.)
- Hold a formal ballot for strike action. (NB: this current consultation does not provide authorisation for such action; the branch would need to hold a further formal ballot if members wish to take industrial action, including ASOS or strike.)
- Other: [add suggestions in free text box]
(3) Do you support the Branch entering a formal dispute with the University of Southampton over its refusal to hear Marking and Assessment Boycott (MAB) Grievances? [Choose one option]
(4) What action would you like the branch and its members to take if a dispute is entered over the University’s refusal to hear Marking and Assessment Boycott (MAB) Grievances? [Choose all that apply.]
- Internal communication and information campaign, including writing to student societies, senior managers, members of the University Council and Senate, petitions, etc.
- External communication and information campaign, including, for example, writing to local MPs and candidate MPs, local media, public bodies, petitions, etc.
- Hold a formal ballot for ‘action short of strike’ (ASOS). (NB: this current consultation does not provide authorisation for such action; the branch would need to hold a further formal ballot if members wish to take industrial action, including ASOS or strike.)
- Hold a formal ballot for strike action. (NB: this current consultation does not provide authorisation for such action; the branch would need to hold a further formal ballot if members wish to take industrial action, including ASOS or strike.)
- Other: [add suggestions in free text box]