Monthly Archives: February 2021

Victimisation of trade union representatives – motion passed at EGM 26 February 2021

Posted on by
Reply

The following motion was discussed at an emergency general meeting held on 26 February.  The meeting voted overwhelmingly to support the motion and to withdraw from the Partnership Charter with immediate effect.

Victimisation of TU representatives

UK employment law provides a robust framework of protection for trade union membership, duties and activities.  This includes:

  • Legal protection for taking part in strike action or action short of strike action if all statutory requirements are fulfilled (for example a ballot, notice to the employer)
  • Victimisation from an employer on the basis of trade union duties and activities
  • Dismissal on the grounds of trade union membership

The University notified UCU of a disciplinary investigation against one of our reps in May 2020 and in November 2020 wrote to state that they would be brought to a disciplinary hearing for what amounts to participating in lawful ASOS as part of industrial action.  These allegations have been reviewed by UCU National and Regional Officials, including the national UCU legal team, and all are in full agreement that the University action against our member is unlawful on the basis that it constitutes victimisation.

The first disciplinary case against our representative has concluded with no further action being taken, not because the University accepted that they acted unlawfully, but because of their failure to follow proper procedure. It should be of concern to members that the University was prepared to seek to dismiss a long-serving employee without following the procedures, regardless of the subject matter of the allegations.  To be subjected to an investigation for so long, with such grave potential consequences, has understandably cast a long and stressful shadow over the working life of the victimized rep.

Following the failure to discipline our member due to procedural irregularities, University of Southampton management have chosen to continue with a second disciplinary against the same rep for activities which relate clearly and directly to their union Health and Safety brief. Again, UCU Officials are of a view that this is unlawful.  This second investigation is being carried out by an external investigator—presumably at some cost—which is outside of the procedures negotiated by UCU, and raises serious concerns about fairness and transparency.

SUCU condemns the victimisation of our rep in the strongest terms and has sought to resolve the issue through negotiations with the University over the past 9 months, but to no avail.

This branch calls on The University of Southampton to:

  1. Immediately cease the disciplinary action and investigation against our representative.
  2. Give assurance that University of Southampton will comply with the procedures agreed for disciplinary matters, which does not include the engagement of external parties to conduct investigations.
  3. Make a meaningful statement to all three campus trade unions that the university understands the seriousness of trade union representative victimization and provide assurances that it will not victimise trade union members or representatives.
  4. Apologise to our representative who has been subject to this victimisation.

Following the EGM on 26/2/21, this branch resolves to immediately:

  • Issue a public condemnation of the University of Southampton’s victimisation of our representative
  • Withdraw from the Partnership Agreement, originally ratified in September 2019: https://www.southampton.ac.uk/hr/services/tus/index.page
  • Call for an Emergency JJNC to discuss the case and its negative effects with regards to the lawful exercise of workplace rights by union members
  • Write to the General Secretary and President of UCU, notifying them of this victimisation case, and formally seeking national UCU support

If the University of Southampton does not carry out the actions set out in 1-4 above by  3rd April or they move to dismiss our rep, the branch executive will call a further EGM to discuss next steps, which could include the following proposals:

  • Make a public media statement about victimisation at the University
  • Write to elected representatives, such as local MP and City Councillors, to ask for their public support.
  • Enter a trade dispute with University of Southampton
  • Consider escalating collective action

Proposer Lucy Watson                  Seconder Claire Le Foll

Motion passed overwhelmingly.

Motion result:

Yes: 81%

No: 5%

Abstain: 13%

UCU’s concerns about equality during the current (3rd) lockdown – response from management

Posted on by
Reply

Further to UCU’s meeting with Richard Middleton and Mark Spearing on 26 January to discuss our equality concerns about the impact of home working during this third lockdown, we have received the following response from the University.  We are pleased to note the commitment of management to address the valid concerns of our members.

“We recognise that some staff are in situations of real difficulty, in respect of their caring responsibilities in particular, which makes “attending” work problematic at some times of the day, on some days it can be difficult to attend work at all.  We also recognise that staff will want to  “be there” fully attentive for their children home-schooling, or for others for whom they are the carer.

We are working hard to find ways to communicate to all managers the University’s expectation that they will find ways to be flexible in their response to members of their team(s), whilst overall managing workload and delivery expectations and standards.

In 2020 during the first lock down we kept track of the use of the additional leave available for carers, and only 10% of the approximately 300 employees that used this form of leave used the full 10 days (or pro-rata) available to them. Generally the additional carers’ leave taken was well below that total.  We will on this occasion also monitor closely the use of this leave and respond accordingly, which could include reviewing and revising the total amount of additional carers’ leave available while schools are closed and parents are home-schooling, in particular.

We confirmed that if a person takes additional UNPAID leave then the saving from their salary not being paid is retained within the budget of their unit [i.e the most immediate organisational unit with devolved budgetary responsibility).  The key concern which can be clearly addressed is that the salary saving is NOT returned to a central University account.

We are committed to working with UCU, and have begun discussions, on our plans for ensuring that the impacts of Covid-19 are actively considered in all aspects of the promotion process, when it resumes, and in the years ahead”.

Richard Middleton

Chief Operating Officer