A lot of the trade union literature and the ballot information talks about legal strike action. Does this mean if I do take strike action and because it is legal I will still be paid?
If you take part in any form of industrial action (strike) you will not be paid for the period you withdraw your labour. Taking lawful industrial action involves going through the ballot processes and should the vote be in favour of strike action and strike action is called then anyone participating in that strike action will not be paid for the period they choose to strike.
If I take strike action and I don’t get paid will this affect my pension?
Should you take part in strike action and you are subsequently not paid for the duration of your participation in that action, then for every day of action you participate in you will lose a days' pensionable service. The overall implications of the loss of service would have to be calculated on an individual basis and would have varying degrees of impact based on an individual’s age and length of service.
There is no provision in the Teachers’ Pension Scheme regulations for members to ‘buy back’ strike days. Local Government Pension Scheme members may elect to pay additional contributions in order to avoid a loss of service. The cost is 16% of the lost pay and the member must apply within 30 days of returning to work after a period of strike action.. Please notify the university’s Pensions and Payroll Team through the Finance Helpdesk if you wish to buy back a period of strike action.
Further Information regarding pension implications can be found at:
What happens if I voted no in the ballot?
Whether you voted yes or no in the ballot, it is entirely your choice whether you want to take strike action. Taking strike action is a breach of your contract of employment, so it is not a decision that should be taken lightly. Taking strike action may also damage the excellent service we provide to our students at a time when they should be able to rely on that service. If you decide not to take strike action, the university will do all that it can to assist you in exercising your right to attend your workplace.
Do I have to go on strike if I am in UCU?
It is entirely your choice whether you want to take strike action and being a member does not mean you have to.
I voted to strike but now I have changed my mind, does that mean I still have to go on strike?
Voting for strike action does not mean you have to take strike action.
I am against strike action and voted no in the ballot. However I am concerned that I will then have to cross a picket line when any strike action starts.
The university will do everything it can for staff who wish to attend work on any day of strike action. Any industrial action can be damaging to an employer and can have an adverse effect on staff who want to attend work. There are legal standards for the conduct of picket lines and the numbers allowed at any one building and these are set out in the code of practice available here: Code of Practice: picketing - GOV.UK.
In order to comply with the code, there should usually be no more than six people at a building that is their own place of work. Mass picketing involving much greater numbers may, depending on the circumstances, breach the code and place participants at risk of civil and criminal sanctions.
The legal code of practice also deals with the way participants on a picket line should behave and conduct themselves. Pickets may lawfully engage with you if you choose to cross the picket line but only for the purposes of explaining the nature of their dispute and encouraging or persuading you not to work. However, such activities must be carried out peacefully. The code contains examples of unlawful behaviour such as:
- to use threatening, abusive or insulting words or behaviour, or disorderly behaviour within the sight or hearing of any person - whether a worker seeking to cross a picket line, an employer, an ordinary member of the public or the police - likely to be caused harassment, alarm or distress by such conduct
- to use threatening, abusive or insulting words or behaviour towards any person with intent to cause fear of violence or to provoke violence
- to use or threaten unlawful violence
The university strives to maintain constructive relationships with its recognised unions and certainly does not anticipate that any such behaviour will occur. The law requires trade unions to ensure that picket lines are appropriately supervised by an individual from the union who is familiar with the code. Trade union representatives and members who participate on picket lines are first and foremost employees of the university, and the expectation is that they should conduct themselves in accordance with the university’s policies and procedures, including on social media.
I am worried that I may be pressurised by colleagues who support the action and that I may be victimised afterwards for crossing the picket line. How will the university respond to this?
Trade unions are not permitted to take action against members who cross a picket line and their members are not allowed to victimise work colleagues who do so. Any member of staff who feels they are being victimised in any way should contact their HR Business Partner. The HR team will be available on the day for advice and guidance and will engage with picket supervisors where appropriate to maintain respect towards staff who attend work. Our experience in the past has been that our local trade unions follow the picketing laws and we do not experience difficult situations.
I have a holiday booked on the day(s) of action, will you think that I am on strike?
All holidays that have been booked and approved for the strike days will be honoured and your pay will not be withheld for that date. Annual leave can be granted on strike days where it is possible to allow it and it would not impact the student experience. It will be assumed that you are taking part in the industrial action if you do not register your availability for work on strike days. If you are absent on those day(s) and have not pre booked a holiday you will have your pay withheld.
What if I am sick on the day of action?
If you are off sick on the day of the strike your pay will be withheld for that day unless you can provide written evidence from your doctor that you have been ill. Those on long term sick will already be providing evidence of their absence and will not have their pay withheld.
I am on maternity/paternity leave on the day of action. Will my pay be withheld?
No, providing you have confirmed to HR and Payroll through the normal channels that this is the case, unless you wish to support the strike action in which case you should declare your support to HR requesting your pay to be deducted.
Will I be able to continue with hybrid working on the days of action?
Staff will be permitted to continue with hybrid working if their line manager confirms this will be possible. Arrangements for hybrid working may be affected during the days of strike action and if this is the case, your line manager will advise you accordingly. Please note that staff who hold safety critical roles for First Aid and Fire Evacuation will be required to come into work.
How will attendance at work be recorded
Your line manager will advise you how your attendance at the workplace will be recorded. It will either be a face-to-face roll call, a roll call on Teams or a communication direct with your line manager. Staff will also be emailed a link to complete a simple on-line form confirming whether they took strike action or not. This will be forwarded to their line manager for approval. This form should be completed and approved within 14 days of each day of strike.
Contingent workers (non contracted workers) will not be required to complete the on-line form
What do I do if I am already attending an external event or other off-site activity?
Staff must agree with their line manager if they will be attending an external event/ off-site activity such as a conference, research visit or placement activity in advance of strike action. Where this has been agreed, you can still attend. The same applies to staff on approved sabbaticals. The form on Staff Infobase will still need to be completed and approved by the appropriate line manager.
When will deductions be made to my pay for the strike days in February?
Salary deductions will be made in the March 2023 payroll.
If I work part-time and I do not work on the day that the strike is planned will I lose any pay?
No, only individuals who participate in the strike action will receive a salary deduction. You should complete the on-line form to confirm this is a non-working day.
