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

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%

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