Category Archives: News

Update on Save university pensions, and save the planet: We’ve settled

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Save university pensions, and save the planet is a crowdfunded legal action separate from the main UCU pension dispute. It may be of interest to members and non-members who are in the USS scheme. Updates published on behalf of the team at savepensionsandplanet.org.

Dear Friends and Colleagues,

First of all, we are so grateful once more for your support. This has been the biggest crowdfund in UK history according to CrowdJustice, and we have pushed UUK to announce their reversal of the 2022 pension cuts. We didn’t win in the Court of Appeal, and so on Monday we decided to settle the USS directors’ legal costs. There were solid legal grounds for appealing the decision to the Supreme Court. However, we have achieved most of our aims – getting your pension back and shifting the USS’s climate policy – we couldn’t have done it without you! Six more things:

(1) Call for supporters

We’d love to invite everyone for a Zoom call to answer all questions and to thank you in person at 2pm Wednesday, 2nd August. Zoom link here.

(2) The USS Directors’ Pyrrhic victory

The USS directors have a victory that would make Phyrrus chortle. The judgment itself dismissed our appeal on procedural grounds, but said that a previously untested “beneficiary derivative claim” may be used to sue directors for breach of duty in a pension trust: see paras [78]-[90]. This was an unprecedented announcement. So, there were good grounds for us to appeal, but overall it was better for everyone to settle and help the directors focus on their future. The bottom line is that the USS directors will now know, and should be advised, that if they breach their duties, they can be sued personally – including for damages. If, in future, the directors do breach their duties, we will be in touch!

(3) A recap

To recap the reasons that your help and support have mattered so much are that since bringing the case:

  1. The USS directors have entirely reversed their position for the 2023 valuation.
    • They are now reporting a £7.4bn surplus.
    • They reduced prudence (as we said they should in our 2021 letter),
    • They allowed for greater mortality (as we said they should in 2021),
    • They have updated asset values and made other changes.
  2. USS could augment members’ benefits to reverse the unnecessary losses they imposed on members between April 2022 and April 2024.
  3. Future accrual of defined benefits could be restored from April 2024.
  4. The architect of these changes and USS CEO has announced his resignation.

Our litigation, which thousands of university staff and USS members have supported, has likely had a very substantial impact on the directors’ decisions, and is likely to affect their decisions in future.

(4) Change worth £8000 per member + a potential pay rise

If members’ 2022-2024 benefits are augmented, this could be worth £1.5bn (on average £8000 for each USS member). In the medium term, reversing the April 2022 cuts for future accrual will be worth many billions more. More than this, thousands of UK university staff could now get a pay rise – university accountants are (anecdotally) saying employee contributions could fall from 9.8% to 8%, and employer contributions down from 21.6% to 18% – the level they were at in 2019.

(5) Climate damage

We have already seen UUK say that it wants USS to commit to examining divestment. We fully expect USS’s position on climate change and fossil fuels to evolve and note that the judgment explicitly points to the possibility of future action against the trust fund being possible – as well as against directors personally for their future conduct.

(6) Governance reform

This legal action clearly demonstrates how badly the governance of the USS has failed and how little confidence USS members have that the USS directors were acting in their interests. We should not have to raise hundreds of thousands of pounds to hold the directors to account. The USS’s rules need to be changed to allow members a say in how their scheme is run. Universities and UCU urgently need to reform the governance of the scheme so it can begin to recover members’ trust. This legal action is the first step in that process, which needs to start ASAP.

Once more, we are incredibly grateful for the over 12,000 donations and the amazing support we’ve had from people across the UK. We are also enormously grateful to our outstanding legal team, David Grant KC, Philip Steer, Gus Baker, Meriel Hodgson-Teall, Richard Meeran, Georgia Rycroft and the team at Leigh Day, and also Dr Thomas Da Vieira Costa and Dr Lindsey Pike for their fantastic work in research and communications. This case has been hugely complex, and everyone has handled it brilliantly.

We would be delighted to meet with UCU branches or other groups to explain the outcome of the hearing and the next steps, which will not, you will be relieved to know, involve asking for more money.

Best wishes,
Neil and Ewan

Joint Statement by Heriot-Watt University and Heriot-Watt University UCU in relation to the Pay and Working Conditions Dispute – 30 June 2023

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National Collective Bargaining

At Heriot-Watt, both parties remain strongly committed to National Collective Bargaining and, whilst recognising that we hold different positions in relation to pay, believe it is essential that national talks resume and seek to go beyond the progress made at the ACAS talks. Working conditions interact with pay and we believe that there is scope to develop the four Terms of Reference further based on common goals of attracting and retaining staff within the sector.

We were disappointed that a resolution to the dispute over pay and working conditions did not emerge from the recent talks at ACAS. We recognise the discussions at ACAS at a national level resulted in some changes to the pay offer and the four draft Terms of Reference relating to: reform of the pay spine, use of contract types and improving job security, workload and gender, ethnicity and disability pay gaps in the sector. However, the outcome was rejected by UCU members and we recognise that the level of pay increases over a number of years, not keeping pace with inflation, remains a key factor at the heart of the dispute.

Positive work on the matters set out in the four Terms of Reference is already being progressed at Heriot-Watt and many institutions across the sector, demonstrating that this is both desirable and that positive national level sector norms should be possible. We believe it is vital for UCEA and UCU, despite our differing positions on the resumption of pay negotiations, to return to the table, without preconditions on either side, to continue these national level discussions with a view to settling the dispute, allowing the marking boycott to be lifted and bringing an end to the annual cycle of disputes.

We further believe that there is merit in the Unions and UCEA discussing wider financial matters and seeking to identify areas of common concern and interest in relation to sector finances and the proportion of money allocated to pay within the current funding models. Through such joint understanding and sense of common purpose at a sector level we believe future national negotiations relating to pay would be more constructive.

Heriot-Watt University Joint Working

We reaffirm our commitment to work together locally to make further improvements, recognising that some elements (such as the grade/pay spine mapping) are now strongly linked to potential work at a national level. In June 2022 we published a joint statement which is available on the University website. Since publishing our joint statement work has continued in each of these areas to address the matters identified. Both parties acknowledge there is still more to be done in these areas to make sustainable and meaningful changes to the working lives of staff at Heriot-Watt.

The statement contained a number of actions which are being tracked via our joint negotiating committee. We will agree an update report on each of these actions by the end of August 2023 identifying what action is ongoing and what further action is required or planned, noting where they interact with national initiatives. We will work together with the other recognised Trade Unions to establish a timeline for progression for each outstanding action, and then issue an agreed update every quarter to all staff.

Download PDF of June 2023 Joint Statement on Pay and Conditions.
Download PDF of June 2022 Joint Statement on Pay and Conditions.

Midsummer strike days announced for 22 and 23 June (suspended)

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Update: The strike is suspended and will not go ahead.

We have reached an agreement with HWU in respect of deductions. It limits them to a maximum of 28 days at 50% for marking and boycotting before 23 June. After this the university will continue to maintain their position of rejecting partial performance, but they will return staff who have declared participation to full pay. Any marking not done is now parked. This will be reviewed at the end of July and again at end of August but the University must give us 3 weeks notice if they intend to resume deducting.

On this basis a quorate branch meeting voted to suspend the action and the HE officers have been informed of our decision.

The local agreement will be circulated to members by email. A public joint statement will be published next week. We remain in the MAB.

Marking and Assessment Boycott (MAB)

The MAB is a legally called national action in the ongoing dispute over pay and working conditions. We have tried to make this point to the senior leadership at Heriot-Watt but they are just not interested in trying to maintain good local relations or using their influence to urge UCEA to settle the dispute, as the management teams at some other universities have already done.

A Day’s Pay in May

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Tomorrow is pay day and we are asking members and colleagues who are not taking part in the boycott to donate the equivalent of a net day of pay to support those who are facing deductions for taking part in the Marking and Assessment Boycott.

The first deductions will be taken out of May’s pay and for a number of members these will be substantial due to the unnecessarily harsh stance taken by Heriot-Watt University.

Participating members will be deducted at the punitive rate of 50%, which is far in excess of the time allocated for marking. The deductions will be applied from one week before the marking was due and will run open-ended for 7 days per week (except for when leave has been booked) until the marking is done or the dispute is settled.

This action is being taken to improve pay and conditions for everyone, so lets give generously to support our colleagues. We cannot let our own members be bullied into undoing their own actions by these excessive and unfair deductions.

Details of how to donate can be found on the branch website at https://heriotwatt.web.ucu.org.uk/donate/ and the more people who donate the lighter the load on each of us.

Please circulate this among non-members and remind them of the value of collective action and sacrifice which has already seen significant movement in the restoration of our USS benefits.

You can also contact to your MP/MSP and urge them to write to the Principal and demand that he withdraw his threats and work with the unions to reach a settlement.

Guidance for donations

  1. No member should put themselves into debt or hardship in order to donate.
  2. Members who are boycotting, student members, those on casualised contracts and/or employed part-time at G6 or full-time G5 (and below) are not expected to donate.
  3. Members on fractional (part-time) contracts should pro rata any donations in line with their contract. So, “a day’s pay” on a 0.5 contract would be half a day’s pay.
  4. Those wishing to support the MAB financially are encouraged to:
    • Donate a day’s net pay on 31st May, equivalent to what they would lose if they had been on strike for a day, to the Branch hardship fund.
    • Pledge at least 3 further day’s pay in June (circa.10% pay) to be donated if required, and then the same each month for the full duration of the boycott. We will set up a form for pledges in June.
  5. Amounts pledged will only be called in if deductions are made and calls are made on the hardship fund, such that they are required. The suggested net daily donation per grade is as follows:
    G6 £56
    G7 £72
    G8 £85
    G9 £96
    G10 £105
  6. This guidance will be updated if threatened deduction amounts are changed.

Draft text for writing to MSPs on MAB deductions

 Dear

You will be aware members of the University and College Union (UCU) are currently campaigning for long overdue improvements to pay and working conditions. Having taken strike action in recent months staff are back at work full time but have begun a marking and assessment boycott which will impact on a range of activities including exam invigilation and the processing of marks.

You may not be aware that vice-chancellors and principals across the UK are, on the recommendation of the employer body Universities and Colleges Employers Association (UCEA), now threatening to deduct up to 100% of staff wages even though  staff are still  at work and carrying out most of their duties, including teaching, lecturing, researching and supporting students.

Making such punitive salary deductions is not only deeply vindictive but also counter-productive. These threats will not bring the dispute closer to a resolution and risk worsening any disruption. Administering these excessively punitive attacks on local staff taking part in a national dispute is a poor use of a university’s time and resources. 

Staff are the backbone of our universities and they dedicate their working lives to supporting students and ensuring they can get the best out of their time studying. They deserve to be treated with respect at work. They do not deserve to be on the receiving end of such disproportionately massive deductions during a cost-of-living crisis.

I am urging you to write to the Principal of Heriot-Watt University, Richard Williams at R.A.Williams@hw.ac.uk and demand that they withdraw the threats against their own staff and instead use their influence with UCEA to resolve the disputes as quickly as possible.

I would also like to draw your attention to the attack on students’ education by the employers who have decided to bypass academic quality processes which could affect students’ future employment. Staff at Heriot-Watt have organised an open letter to raise concerns about the university’s response to the Marking and Assessment Boycott. A link to the open letter and further information can be found at  https://forms.gle/ZBnEtZYziko7jooV9

Yours sincerely

 

Save university pensions, and save the planet – we are going to court

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Save university pensions, and save the planet is a crowdfunded legal action separate from the main UCU pension dispute. It may be of interest to members and non-members who are in the USS scheme. Updates published on behalf of the team at savepensionsandplanet.org.

Dear Friends and Colleagues

We’ve taken a big decision – we’re going to the Court of Appeal no matter what on 13 of June – and that’s why we need your help more than ever!

We’re so close to our fundraising target – and although this is an action that we all share in – over 10,000 donors, over 25 university branches, and thousands more who supported through publicity and pickets – Ewan and Neil are the only two claimants on the hook for costs if we lose. Our fund target is our costs, plus the far bigger estimated cost of rip-off lawyers that the USS directors hired to cover up their abuse of power, and greenwash their toxic addiction to gas, oil and coal. But even though we’re only 90% of the way in fundraising, we are 100% going through with it. We are determined, and you deserve a fair pension and a living planet.

So, please help us by giving another £10 – the price of a sandwich and a coffee these days – and ask your university branch to send out an email to all staff asking for support.

And don’t buy the nonsense PR: we’ve got USS and UUK to announce that the cuts can be reversed, together, by using every tool in the box: that’s our legal action suing the directors personally, and our collective solidarity. The cuts aren’t being reversed because the markets improved, or university employers suddenly became nice, or any of them became financially literate. They announced they could reverse the cuts just after we got leave to go to the Court of Appeal, and now they’re scrambling to repeat the same as their sorry record of failure is being hauled before the Court of Appeal.

And don’t buy the line that our case doesn’t matter at UCU Congress – the officials in charge need to follow the rulebook and the NEC and implement motions L5, and HE18 if it passes, to finance the case (a few thousand more for the Court of Appeal, and £350k if we need to go to the UK Supreme Court) or even to help us with publicity with a few emails or even some tweets. (You’d think that Twitter had suddenly become the union’s least favourite medium!) UCU accounts from last year showed £31 million cash in the bank, the risks are limited to what we quoted, this action is worth billions to us all, and this is action is worth £200k each for a typical member. We know you see this, and that’s another reason we’re so grateful for everything we’ve all done together. We’ve almost got the cuts reversed even without winning, and now we need to close the deal.

So please keep helping and publicising our case: give £10, ask your branch to mail all members, and give us a plug on social media @PensionsPlanet on Twitter. As we get closer to the date we expect the media coverage to ramp up. And we won’t stop until we hold the failed USS directors to account to the law’s fullest extent, and stop pension and climate damage with a credible plan to divest fossil fuels and decarbonise every company.

Your voice matters and together we will win!

Best wishes, Ewan and Neil

Open letter to Heriot-Watt senior leadership team about Assessment and Award Boards

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Dear Senior Leadership Team,

We, as a community of academics, educators and scholars, are writing to you with grave concern over the response of the University to the current Marking and Assessment Boycott. Whilst there are, clearly, issues developing at national level in the UK, we want to address the decisions being made at local level at Heriot-Watt.

In relation to Regulation A10: Authorities in Exceptional Circumstances, we believe that enacting these procedures at scale this summer, as proposed, threatens the integrity of our degrees, runs counter to requirements of accrediting institutions, and has the potential to significantly damage the international reputation of our institution.

We are particularly troubled by:

  • The instruction to award discretionary credits (DC) without any limit to the number of DCs, where assessment information is not available. Furthermore, results are already being “deferred” in boards where marks are missing – but without a plan, other than DCs, for what happens when they cannot be deferred any longer.
  • Reducing significantly the number of experienced staff required to convene an Assessment, Progression or Award board, thereby reducing scrutiny to ineffectual level.
  • Recording grades for assessments that have not been either second-marked or moderated across campuses, or both
  • The exclusion of work submitted during the summer exam period from degree classification calculations

The global nature of our university, and the global teaching teams and content delivery, mean that the Industrial Action taking place in the UK impacts quality across our international campuses. The premise of the Heriot Watt Degree being equal on all campuses is anchored in the symbiotic marking and scrutiny of assessments.

Particularly in the case of final-year students, the use of DCs to enable an Award to be made, which cannot then be withdrawn due to the university policy of “no academic disadvantage”, explicitly threatens the integrity of our degrees. This action would risk losing accredited status from a number of our Professional, Statutory and Regulatory bodies, which would impact huge numbers of our global student population, not only this year but also in future years – and we are not aware of any meaningful dialogue with these accrediting bodies to understand these implications. Loss of reputation and/or accreditation risks severely impacting student and staff recruitment.

Expert scrutiny is vital in maintaining the integrity and consistency of academic standards. By stripping back these processes, we risk creating a situation where degrees are no longer awarded on the basis of merit and hard work, but on arbitrary decisions made by a small group of individuals for the sake of expediting a business process. This is unacceptable, both for our students and for the wider academic community.

Of particular concern is the impact on final year undergraduates, who face the prospect of having a significant proportion of their assignments go unmarked. This includes the dissertation and/or final project, which should be the crowning achievement of their degree. We are also concerned about the impact of these changes on students with disabilities, mental health difficulties, or who face systemic inequalities. In the absence of an Equality Impact Assessment, we fear that these measures may exacerbate existing inequalities and make vulnerable students even more disadvantaged.

Furthermore, the impact on staff does not seem to have been adequately considered, and this is particularly evident by the decision to dock the pay of staff participating in legal industrial action by 50%. To do so during a cost-of-living crisis, on the basis of advice from the national employer organisation UCEA, shows a disconnect with your own staff at a local level. On a more practical level, the implications of this decision are likely to be twofold: i) staff participating in the current action will have no option but to reduce their time to 50% FTE, and ii) the long-term impact on staff relations will be dire, destroying community and collegiality, running directly counter to Heriot Watt Values of ‘Belong’.

We acknowledge that the current dispute is complex, and that there are competing demands and interests at play. However, we firmly believe that there is a better way to resolve this situation, one that does not disadvantage our students or undermine the integrity of our degrees. As educators, we cannot stand by and allow our degrees, the welfare of our students, and the well-being of staff to be treated with such disregard.

We urge you to reconsider your approach to this dispute, to lead a fresh approach to negotiations at a national level, and to engage with staff in a meaningful dialogue at local level. We believe that by working together, we can find a solution that upholds academic standards, treats students fairly, and preserves the global reputation of Heriot Watt University.

Sincerely,

Name Role Department
David Jenkins Professor Energy, Geoscience, Infrastructure and Society
John Spinks Web Developer Professional Services
Marion Winters Associate Professor Social Sciences
Alex MacLaren Assoc Prof in Architecture Energy, Geoscience, Infrastructure and Society
Kate Sang Professor Social Sciences
Hendrik Nahler Assistant Professor Engineering and Physical Sciences
Sandhya Patidar Associate professor Energy, Geoscience, Infrastructure and Society
Anna Clark Sustainability Strategy Coordinator Professional Services
Dr Caroline Brown Assistant Professor/Director of Studies Energy, Geoscience, Infrastructure and Society
Wolf-Gerrit Fruh Associate Professor Engineering and Physical Sciences
Ruth Aylett Professor of Computer Science Mathematical and Computer Sciences
Sarah Joss Scholar
Ruth Humphreys Assistant Professor Social Sciences
Harry Smith Professor Energy, Geoscience, Infrastructure and Society
Joanna Drugan Professor Social Sciences
James Richards Academic Social Sciences
Pamela Docherty Assistant Professor Mathematical and Computer Sciences
Manuel Maarek Associate Professor Mathematical and Computer Sciences
Matthew Aylett Associate Professor Mathematical and Computer Sciences
David Cobham Prof Economics Social Sciences
Xihui Chen Assistant Professor of Accountancy Social Sciences
Shai Davidov Associate Professor Social Sciences
Dr Laura Jackman Assistant Professor Strategy and Enterprise Social Sciences
Stephen Gibson Professor Social Sciences
Theo Georgiou Assistant Professor Mathematical and Computer Sciences
Swapnesh Masrani Social Sciences
Nick Taylor Professor of Computer Science Mathematical and Computer Sciences
Fanny Chouc Academic Social Sciences
Robert Stewart Associate Professor Mathematical and Computer Sciences
Professor Lynne Baillie Professor Computer Science Mathematical and Computer Sciences
Dr Alan Forster Associate Professor Energy, Geoscience, Infrastructure and Society
José M. Conde Assistant professor Social Sciences
Laurent Galbrun Assistant Professor Energy, Geoscience, Infrastructure and Society
Rania Kamla Professor Social Sciences
Lena Wanggren Dissertation Supervisor Social Sciences
Marc Alexander Assistant Professor Social Sciences
Adnan Ilyas Assistant Professor Engineering and Physical Sciences
Leena Kerr Assistant Professor Energy, Geoscience, Infrastructure and Society
John Cleary Associate Professor Social Sciences
Dan Green PGR Lab Tutor Mathematical and Computer Sciences
Christopher Dodd Associate Professor Social Sciences
Marta Romeo Assistant Professor Mathematical and Computer Sciences
Joao Mota Assistant Professor Engineering and Physical Sciences
Hans-Wolfgang Loidl Associate Professor Mathematical and Computer Sciences
Anne Grzybowski Professional Services
Rob Daley Assistant Professor LTA
Mehreen Gul Assistant Professor Energy, Geoscience, Infrastructure and Society
Shadi Mohamed Associate Professor Energy, Geoscience, Infrastructure and Society
Michael Gormley Professor Energy, Geoscience, Infrastructure and Society
Phil Bartie Associate Professor Mathematical and Computer Sciences
Bhaskar Sengupta Academic, Teaching and Research Energy, Geoscience, Infrastructure and Society
Andrew Peacock Associate Professor Energy, Geoscience, Infrastructure and Society
Daniel Pacey Educational Developer Professional Services
Fergus Guppy Associate Professor Energy, Geoscience, Infrastructure and Society
Scott Dalgarno Academic Engineering and Physical Sciences
Marc Desmulliez Professor at ISSS Engineering and Physical Sciences
Matt Costen Professor Engineering and Physical Sciences
Yvan Petillot Professor Engineering and Physical Sciences
Aongus McCarthy Research Fellow Engineering and Physical Sciences
Stephen Euston Professor Engineering and Physical Sciences
Richard Carter Associate Professor Engineering and Physical Sciences
Dr Stephen Mansell Assistant Professor Engineering and Physical Sciences
Graeme Barker Assistant Professor Engineering and Physical Sciences
Juan Casanova Assistant Professor Engineering and Physical Sciences
Omar Laghrouche Professor Energy, Geoscience, Infrastructure and Society
Idris Skloul Ibrahim Mathematical and Computer Sciences
Bart Craenen Research Fellow Mathematical and Computer Sciences
Beatrice Pelloni Professor Mathematical and Computer Sciences
Wei Pang Associate Professor Mathematical and Computer Sciences
Oliver Lemon Professor Mathematical and Computer Sciences
Matthew Aylett Associate Professor Mathematical and Computer Sciences
Mike Just Associate Professor Mathematical and Computer Sciences
Kathryn Waite Head of Department: Marketing and Operations Social Sciences
Luciana Blaha Assistant Professor Social Sciences
Matthew Daggitt Post-doctoral researcher Mathematical and Computer Sciences
Claire Lindsay Associate Professor Social Sciences
Anne Bernassau Assistant professor Engineering and Physical Sciences
Lina Fadel Assistant Professor Social Sciences
Peter McKenna Assistant Professor Social Sciences
Yasaman Sarabi Assistant Professor Social Sciences
Susan Dewar Professor Energy, Geoscience, Infrastructure and Society
Keith Brown Associate Professor Engineering and Physical Sciences
Juergen Munz Professional Services Social Sciences
Jesus Canduela Associate professor Social Sciences
Adrian Carberry PGR Manager Social Sciences
Lauren Guazzelli Professional Services
Joe Wells Senior Research Fellow Mathematical and Computer Sciences
Craig Kennedy Associate Professor Energy, Geoscience, Infrastructure and Society
Georgina Rosair Scientific Officer Engineering and Physical Sciences
James Igoe Professional Services
Martin McCoustra Professor of Chemical Physics Engineering and Physical Sciences
Graham Turner Emeritus Professor of Translation & Interpreting Studies Social Sciences
Arash Eshghi Assistant Professor Mathematical and Computer Sciences
Stuart Greaves Academic Engineering and Physical Sciences
Matteo Capoferri Assistant Professor Mathematical and Computer Sciences
Anonymous Learning & Teaching Administrator Professional Services
Sharon Black External Examiner for LINCS Social Sciences
Dr Cat Morgan Postdoctoral Research Associate Social Sciences
Tessa Berg Director of Academic Quality Mathematical and Computer Sciences
Kathrin Stark
 Assistant Professor Mathematical and Computer Sciences
Jamie Gabbay Associate Professor Mathematical and Computer Sciences
Patricia A Vargas Associate Professor Mathematical and Computer Sciences
Idris Skloul Ibrahim Assistant Professor Mathematical and Computer Sciences
Jurriaan Hage Head of Department Mathematical and Computer Sciences
Idris Ibrahim Assistant Professor Mathematical and Computer Sciences
Muhammad Najib Assistant Professor Mathematical and Computer Sciences
Swaraj Dash Assistant Professor Mathematical and Computer Sciences
Mike Chantler Professor Mathematical and Computer Sciences
Ioannis Konstas Associate Professor Mathematical and Computer Sciences
Benjamin Kenwright
   Mathematical and Computer Sciences
Albert Burger
 Professor of Computer Science Mathematical and Computer Sciences
Amos Haniff
 Associate Professor / Pan-Dean Social Sciences

The letter is about our concerns at a local level. It is not from the Heriot-Watt branch of UCU but rather from a mix of members and non-members who all agree with the points raised.

If you wish to add your name please sign at https://forms.gle/tmxQ57wcWgkknDQV9

Marking and Assessment Boycott update: What to record and how to support

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Update: UCU have confirmed that the national fighting fund will be open to members who are being hit with deductions of 50% or more for backing the boycott. More details to follow.

It is becoming clear from the actions being taken by some employers, including our own, to deter members from taking part in the MAB, and from the adoption of emergency measures which will potentially undermine quality of degrees being awarded, that they are worried about the effect that it is having.

This makes the MAB a very effective lever for getting UCEA back to the negotiating table. Analysis of university finances shows that the employers can afford to make an improved pay offer despite their claims to the contrary.

We need to keep the pressure up so that this worry leads to action aimed at settling the dispute.

Challenging unfair deductions

Heriot-Watt are among the worst of university employers, deducting 100% from any employees taking part in the MAB while simultaneously demonstrating their largesse with a 50% ex-gratia payment for work deemed to be undertaken on a volutary basis. Instead of being limited to the assessement and marking window, like many other institutions, this will run until the mandate for industrial action expires or the dispute ends.

It is, we are told, a deliberately disproportionate and punitive response designed to discourage staff from participating in the MAB. The very same staff who excel in research, pioneer in education, and contribute to communities by driving economic impact and contributing to growth.

In relation to this have received the following advice from the regional office about the sort of information which members should gather and record in relation to unfair and excessive deductions.

Members should keep evidence of the actual work they are doing during the periods of the pay deductions, so a diary, outlook calendars, notes of work they are doing (and any evidence – eg the reports they may be producing, tutoring notes etc) along with payslips outlining deductions. We’ll need members who have a bank of evidence of the work they’ve done, the pay slip with deductions, to assess and have the opportunity for this to be taken in a legal challenge.

Members should also keep a record of any PDR processes they have participated in.

It is important to note that any legal challenges could only be raised after we have exhausted the local grievance process, for which the same evidence would also be required to prove that members have been working and that their work outwith marking duties takes up normal hours.

Financial support

We would like to reassure members that the branch will be able to offer financial support to members who are impacted by deductions. While we hope to minimise deductions and if possible to get deductions back eventually, we are not relying on it. The branch hardship fund is there to support you. We will circulating more information towards the end of the month when we have been told that the first deductions will be made from members who declared participation in the MAB before the 12th May.

How can I help?

Not everyone can pariticipate in the MAB but there are other ways you can support the action and help members who are taking part:

  1. Continue working to contact as part of the ongoing Action Short of Strike (ASOS) and do not take on voluntary tasks.
  2. If you are asked to do marking that is not yours, please refuse. This does not constitute a boycott but it is very important that you do not ‘help out’ boycotting staff by doing their marking for them. Please let the branch know if you have been asked to do someone else’s marking.
  3. Donate a Day’s Pay in May. The UCU National Executive Committee (NEC) has agreed that salary sharing within and between branches should be the main method of supporting members facing deductions. Members who are not losing wages for taking part in the MAB, especially those who were not significantly financially impacted by the recent wave of strikes, are asked to donate a day’s net pay to the branch Hardship Fund on the 31st May (next pay day) if they can afford to. For the initial fundraiser we are asking for donations so we can offer everyone who is taking part something towards their losses. From June onwards we will be looking for pledges of on-going support which can be called on if the unfair deductions continue. More information will follow.
  4. Please sign this open letter to the Heriot-Watt Senior Leadership Team about Assessment and Award Boards.

Branch members’ meeting

The next online meeting is on Wednesday 24 May from 12.00 to 1.00.

Zoom links have been sent by email. Please attend if you can. If you need a reminder please contact your rep or one of the officers on the branch committee.

If you have any questions or concerns about the MAB please contact your local school rep or email hwgtvo2022@gmail.com in confidence.

 

Information about the Marking and Assessment Boycott for Students

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The start of a national Marking and Assessment Boycott (MAB) was notified to employers from 20 April 2023. We hope that the action will bring our employers represented by the Universities and Colleges Employers Association (UCEA) back to the negotiating table with an improved offer on pay and working conditions. So far there has been no movement. UCEA say that working conditions are largely a local issue which have to be negotiated with university management, university management say it is a national issue which is out of their hands.

How does it work?

A marking boycott works by interrupting the processes of the highly commodified degree awarding model that the university management have adopted. It does this by delaying the delivery of grades and graduation. University should be about education, intellectual development and earning a degree rather than simply purchasing a product.

Staff who are participating in the boycott will cease to participate in marking and assessment activity for the duration of the boycott. This is a delay, not a cancellation. Staff will resume when an acceptable offer has been made and the industrial action ends.

It is important to remember that this is a marking boycott, not a learning boycott. Staff will continue to:

  • Support potential students who are interested in taking up offers
  • Support students who have job applications by writing references giving indications of past and projected performance. You should always contact your personal tutor first before giving their name as referee.
  • Support international students on time sensitive visas
  • Provide informal advice and feedback on assignments and submissions.

How have the university management responded?

The university has notified that they will only pay 50% of the salary of anyone taking part in the boycott until they return to normal work. This is an excessive and unfair deduction which is designed to punish and intimidate in order to discourage participation in the boycott. Many of our staff are now working as normal except for marking duties but will only receive half pay until the dispute is resolved or the university management agree stop punitive deductions.

The university management team are also planning to invoke emergency measures which were developed in response to the covid crisis. This will see awards which do not accurately reflect student effort and achievement, undermining the value and integrity of degrees awarded at Heriot-Watt campuses in the UK, and also with certifying and accrediting bodies.

In awarding degrees based on incomplete assessment students will be denied the opportunity to demonstrate their full potential. This impact on parity between degrees earned at our different international campuses.

What can students do?

You can help change the direction of this dispute. The university management team are choosing not to use their influence with UCEA to improve the pay and working conditions of staff and end the dispute.

Please write to Malcolm Chrisp (Deputy Principal Education and Student Life) at T.M.Chrisp@hw.ac.uk and ask that university management:

  • Pressure UCEA to end the dispute by engaging in meaningful negotiations
  • Donate any deducted wages to the student hardship fund

If you feel your course learning outcomes have not been met due to the University’s inaction in appropriately mitigating disruption, you may have cause to submit a formal complaint.

Members’ Meeting 27 April

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There will be an online meeting on Thursday 27 April from 3.30 to 4.30 to discuss the practicalities of staging a successful the marking and assessment boycott and how we should react to the disproportionate salary deductions announced by Heriot-Watt. We will be voting on motions so it is important that as many members attend as possible.

Zoom links have been sent by email. For a reminder please contact your rep or one of the officers on the branch committee.

If you need BSL interpreting please contact marion.fletcher@hw.ac.uk to arrange. If you need to speak to us about anything else, or if you need advice or reassurance about anything related to the MAB please contact us in confidence at HWGTVO2022@gmail.com.

Guide to the Marking and Assessment Boycott

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UCU members at 145 institutions are taking part in the national Marking and Assessment Boycott (MAB) which began on Thursday 20 April. The boycott covers the marking of all assessed work and associated administrative activities, and also assessment-related work such as exam invigilation and the processing of marks.

Comprehensive information about what is involved can be found at UCU – Marking and assessment boycott FAQs along with a downloadable MAB Guide and a video about preparing for the marking and assessment boycott.

Deductions

Heriot-Watt have notified that they will deduct 100% from anyone taking part in the MAB but then pay back 50% of wages as a goodwill gesture in the anticipation that staff will continue to work. While staff are in boycott all work will be considered voluntary and staff will not be subject to discipline if they choose to do less than their normal hours.

The reason for this lies in interpretation of the law but it is clearly excessive relative to the amount of work involved. You can log into https://www.ucu.org.uk/ASOS-deductions to discover more about the legal position and download a template letter for challenging the basis of these punitive deductions.

The advice from UCU national is that staff should continue to work normal hours except for any marking duties. This is based on the premise that staff may eventually be able to claim back for deductions that are unfair and excessive.

In the meantime we will be putting pressure on the employer to reconsider these unfair attacks on staff, and escalating to strike action if necessary.

You should not go onto this until it is clear you are in boycott i.e. you have declared your participation.

Declaring participation

If you are asked whether you are taking part you must answer truthfully but you only have to say whether you are in boycott at that moment or have been in the past. HR have issued a form for this purpose and it is up to members to decide when is the most appropriate time to declare. Heriot-Watt have said that they may backdate any deductions to the day marking was ‘allocated’. If this happens to you and you think the date chosen is arbitrary or unfair please contact the branch for advice. It is important to remember that you do not have to notify of your intention in advance, and you have the right to change your mind at any moment.

Members are not obliged to specify which types or marking they are boycotting, just that they are taking part in the MAB. Members are not obliged to give information about action which they have not taken so the end date can be left blank in most cases 1 and the form can be returned without a signature as we have been advised by UCU that this is not required in law. If you take annual leave while in boycott you are entitled to full pay on those days. You will be similarly entitled to sick pay, maternity pay, contractual rest days and TOIL. You should include details of all leave in your declaration.

1 The exception to is is where you are only boycotting a one day event such as an exam board, and not otherwise involved in marking and assessment. In this case you should indicate that you were boycott for only a single day by letting them know on that day or afterwards that you were in boycott for that single day with a start date and an end date.

Migrant Workers

If you are on a Tier 2 / Skilled Worker visa please contact a branch rep about declaring participation. Your right to participate in industrial action is protected but the guidance for declaring is a little different.

In boycott

If you are pressured to work or do any particular tasks after you have declared that you are in boycott you should ask for confirmation in writing that you are being asked to work and will be paid for this work as normal. If this happens please let the branch know.

Not in boycott

If you are not in boycott and you are asked to do marking that is not yours, you should refuse. This will not count as joining the boycott. This is normal ASOS and you cannot be deducted, so it does not need to be declared. If you feel in any way pressured please let the branch know.

Ending the boycott

Depending on your own individual circumstances the boycott will end when:

  • The current mandate ends or the dispute is stood down. Employers can end this tabling a new offer on pay on working conditions. That is all it will take.
  • The single day event you were boycotting has passed
  • There is no marking allocated to you and no possibility of further marking or assessment (exam setting) being assigned to you at this point e.g. you marking has been done and the boards have passed and there is nothing left to mark i.e. there is nothing that you could refuse to do and you have therefore returned to your normal duties. If in doubt please contact the branch.
  • You are on annual leave, parental, maternity, rest day, agreed TOIL, or off sick.

Financial support

If you are eligible to apply to the national fighting fund for strike days taken between November and March, please apply now with your April payslip if all deductions have been taken so that you have some money to offset MAB deductions.

Support will also be available from the local hardship fund and we will post more information about this in due course.

How can I help?

You can help by donating to the branch hardship fund or by pledging a donation or series of donations to help support colleagues who are in the MAB and facing weeks of punitive deductions. Further information on how to pledge financial support will follow.

If you are asked to do marking that is not yours, please refuse. This does not constitute a boycott but it is very important that you do not ‘help out’ boycotting staff by doing their marking for them. Please let the branch know if you have been asked to do someone else’s marking.

If you are not already a member why not join the UCU today. We all help each other and there are opportunities range from simply being a sympathetic ear, through to campaigning and fundraising, and representing members as a caseworker or health and safety rep. It is a great opportunity to meet lots of new people and and do something really fulfilling. Full training is provided.