What鈥檚 the action about?
The University of Southampton, alongside 67 other HEIs, offers USS to its Academic and 鈥淎cademic Related鈥� (Professional Services) and allied staff.听 USS is a funded pension scheme, and now the biggest private pension scheme in the UK.听 According to the USS Trustees, the scheme has been running a large deficit for a number of years, which is now estimated to be in excess of 拢12bn. The deficit arises from Trustee projections on the need to reduce the risks in investment strategy and the need to account for additional life expectancy of members. The changes made in 2011 have not fully addressed the needs for stability and deficit reduction and further changes to the benefit structure are required to ensure the scheme remains affordable and sustainable.
The employers鈥� representatives, UUK, have proposed changes to address the deficit. 听Details can be .
UCU have called for 鈥淎ction Short of a Strike (ASOS)鈥� with effect from Thursday 6 November 2014.
What is the University鈥檚 position on the proposed changes to USS?
The legal position under the rules of USS is that, strictly speaking, the Trustees need only 鈥渃onsult鈥� with the employers in putting forward a recovery plan to address the deficit.听 This means that the Trustees are responsible ultimately for the decisions made (subject to review from the Pensions Regulator).听 In practice, the Trustees refer the matter to the USS Joint Negotiating Committee, made up of equal members of employers鈥� representatives and employee representatives, who are all nominated by UCU.听 The Trustees expect the JNC to identify and agree approaches to meet the need to address the deficit.听 The Trustees need to be satisfied that any plan meets the needs, and the approach also has to satisfy the Pensions Regulator.
The University of Southampton is one of the employers represented in discussions by Universities UK.听 We have put forward our views to UUK alongside others.听听 The University recognises the need to make changes to the scheme to ensure it remains attractive, competitive, affordable and sustainable.听 We look to the negotiators from both UUK and UCU, who have a joint responsibility to the scheme, to use the mechanism set up to resolve differences and negotiate a solution that secures the future for USS. This mechanism is the Joint Negotiating Committee (JNC).
We recognise the genuine concerns of all parties and the substantial implications for employers and staff of changes to proposed retirement income calculations and the added costs that will need to be funded.听 The University has recommended that a starting point for negotiations must be an agreement on the actual magnitude of the deficit facing the scheme and this is being communicated to UUK.听 It should be remembered that the University is only one of many institutions involved in the scheme and its influence is accordingly limited.
What action have UCU called for?
UCU balloted members in advance of the first JNC meeting and have called on members to take industrial action from Thursday 6 November, in advance of the second meeting of the JNC.
The notice to the University is as follows:
“The industrial action is intended to be continuous action short of a strike in the form of an assessment and marking boycott. This boycott will intend to halt all actions necessary for, or associated with, student learning outcomes and includes a comprehensive boycott of all setting and marking, course work, assignments and therefore includes all student work submitted for assessment. This is not an exhaustive list. The intended date for the affected employees to commence the action is Thursday 6 November 2014.
This industrial action will continue until the dispute is resolved to UCU’s satisfaction. UCU may escalate the industrial action at any time by calling upon its members to take additional forms of industrial action pursuant to the ballot which I notified to you. Escalation will be intended to resolve the dispute but UCU will also respond to punitive deductions (i.e. docking of pay excessively in response to the action short of a trike specified) with strike action or other forms of action short of strike.”
Who can participate in the Action Short of a Strike?
The proposed action counts as 鈥渙fficial action鈥� only for UCU members. Staff who are not members of UCU, including members of UNISON and Unite, would sacrifice a number of significant legal rights by taking unofficial industrial action.
What would be the implications of industrial action?
While of course recognising the right of UCU members to participate in industrial action and being sure that staff would not take such a step lightly, the University has decided that it cannot ignore the action that is proposed, nor the impact that it will have on students and on staff still undertaking the full range of their duties.
We are obliged to inform those proposing to take action that they would be in breach of their contracts.听 This particular action would directly affect students, and the University takes this very seriously. Consistent with existing practice, the University will not accept partial performance of duties.听 The University will deduct 25% of pay from staff taking part in industrial action. This figure will be reviewed periodically and may be adjusted depending on circumstances such as progress in national discussions, the impacts on students and any other parameters the University feels it is reasonable to take into account.
The University will, in addition, maintain USS employer contributions for all staff taking action, during its continuation.
Where staff notify the University that they are participating in the industrial action, they should not be instructed to undertake any other work or given alternative duties in place of the assessment or marking activities that they are withdrawing from.听 Any alternative duties that staff may choose to perform during the time they are taking action would be undertaken on an entirely voluntary basis.
Industrial action does not break continuity of service.
The University does recognise that most staff involved in taking action would do their very best to minimise the impact on their students whilst feeling they have to support the call of their Union.
What would happen to pension contribution AND/OR Added Voluntary Contributions to USS whilst taking action?
The University will continue to pay 100% of the employer contributions.
Staff taking action will need to ensure that, if they wish to maintain benefits and employee contributions to the scheme, they make arrangements to pay the necessary contributions.
What happens to the salary/pay withheld from staff taking action?听
The considerable cost of the additional work in collecting data and deducting pay, will be met entirely by the University, with any 鈥渟urplus鈥� being used to support ongoing operational activities.
What is the basis for the position adopted by the University?
We do not accept partial performance of duties. The identified measures for those intending to take action reflect the impact on students and those staff still undertaking the full range of their duties.
Someone I supervise is taking action. What do I do?
You cannot ask staff who plan to take action to undertake any other work while they are taking action. 听You are also not required to instruct them to leave. 听听You can however insist that they prioritise work not undertaken when the industrial action is withdrawn or the individual decides to withdraw from taking action.
Please contact your Dean or Director for further information, or your Human Resources Manager.
What if the Dean or Director is taking action?
If a Dean or Director intends to take action that leads to their absence, it is their responsibility to ensure that they have notified and delegated responsibility within their area to another competent person.
What if there鈥檚 a picket line or demonstration?
Staff or supporters taking or supporting action are not allowed to harass staff, students and visitors who wish to come into the University or unreasonably obstruct entrance to or exit from University premises. They may only communicate information about the dispute or try to persuade people not to join action. They must do so in a peaceful manner.
What do I do if I feel intimidated when I cross any picket line?
Please inform your supervisor, a member of HR or Security.
If I plan to take action, what are my obligations?
We ask staff who intend to take action inform their line manager, Dean or Head of Faculty Operations beforehand, although they are not obliged to do so. The University is entitled to ask. 听听If you do not wish to inform the University beforehand you must tell us as soon as you begin action.
Once you do take action, you are obliged to inform your manager/Dean/Director/Head Faculty Operations so that appropriate salary deductions can be made and those affected can be informed of the effect on their normal working or study.
How long will action continue?听 What鈥檚 the discussion timetable?
The continuation of Industrial Action depends on UCU instructions to its members.
There was a meeting of the JNC on 7th November 2014 and further meetings will be arranged thereafter.听 The independent chairman of the JNC has asked that final proposals be settled at the meeting of the JNC on 15th January 2015, to go to the Trustees.听 If the Trustees are satisfied that the proposals in their opinion address the needs of the scheme, they will ask all employers to undertake a statutory 60 day consultation with members and potential members of the scheme.听 If, after consultation, changes are agreed, it is the current view that April 2016 is the earliest likely date of implementation.
When will deductions take effect?
Deductions will take effect from the date that participation in assessment or marking activities commences (or participation becomes evident as work is not completed/submitted as expected), and will continue until staff resume their normal contractual duties.
The email from the Deputy Vice-Chancellor on 5 November included reference to a 鈥�35 hour working week鈥�. What does this mean?
Staff at Levels 4 and above are contracted to work 鈥渟uch hours as are reasonably necessary to perform your duties鈥�. There is a long standing agreement with UCU that any calculations referring to a 鈥渨orking week鈥� are based on a notional 35 hours being worked each week.
My salary is made up of 90% from the University, with 10% being paid by a third party contract.听 On what basis will the deductions be made if I participate in the industrial action?
In these circumstances, the deductions will be made based on the contract held directly with the University as it is this contract that is affected by the industrial action.
Further links
For further information on USS, the dispute and the current employers鈥� offer, please follow the .
This briefing will be updated on a weekly basis and anyone who has a query should submit this by email to Sam Quin, Employee Relations Adviser by close of business on Friday each week, and we will try to include responses in regular updates to this Q and A brief.