Industrial Action

Industrial Action

Notification of participation in the strike action

TBC

Industrial Action – Frequently Asked Questions

What will happen if I decide to strike on any of the strike days?

The University will withhold a day's pay from your salary for the day that you are involved in strike action. The level withheld will be calculated at the rate of 1/365th of annual salary per day. You are required to notify the University of your participation in strike action in order that appropriate deductions may be made from your salary.

How do I notify the University if I participated or plan to participate in strike action?

If you have participated in strike action, please complete the notification form available on Staffnet. This can also be used to notify of your intention to participate in strike action should you wish to.

Completed forms need to be returned to your Head of School/Section and copied to hr@abdn.ac.uk within the timescales indicated on the form to ensure appropriate and accurate decuctions from your salary.

I already have prior arrangements for the day(s) of the strike that will result in me being away from the University. What will happen?

All agreed absences will be honoured. You will not be regarded as being on strike and there will be no effect on your salary if you have the prior approval of your Head of School / Section to be away from the University on any of the strike days. This also applies to anyone who has organised pre-authorised annual leave, home-working or any other absence due to official University business.

I work a 9-day fortnight pattern and I am participating in strike action, will I still be entitled to my day off?

Under the 9-day fortnight scheme, if you were absent from work and were not able to accrue enough hours, you are not entitled to a day off.  The pay deductions made for participating in strike are based on 1/365th of your annual salary per day, which only covers your basic contractual hours (i.e. 7.5 hours a day) as such, it does not cover sufficient number of hours for you to claim a day off. The cycle will reset the following week / first week of no industrial action.

Will my pension be affected if I take part in the industrial action?

It has been agreed on this occasion that the University will continue to pay employer contributions to participating scheme members.  Similarly, employee pension contributions will be deducted as normal irrespective of any reduction in salary as a consequence of participation in industrial action. This will ensure continuity of pension scheme membership and life assurance benefits.

What happens if I am ill on any of the strike days?

If you are ill on any of the strike days you will be entitled to the sickness benefits available to you. If you are absent due to sickness on the day(s) of industrial action you must follow the normal absence reporting procedure. You will be asked to provide a medical certificate from your doctor confirming the nature of your illness on this day.

Can I take annual leave on any of the strike days?

Annual leave that has the prior approval of your line manager will be accepted. If you do not report for work and prior approval has not been given for your absence you will be regarded as being on strike and appropriate pay will be withheld.

I am not participating in industrial action. What should I do on the day of the strike?

You should report to work as usual. If you are absent from the office due to pre-authorised Annual Leave or sickness, you must ensure that this is reported through to your line manager / Head of School.

Can I be asked to cover the work of those taking industrial action?

If your line manager asks that you undertake such work, as long as it is within the bounds of your contract, normal work and job description, you are obliged to do so.

I am participating in industrial action. Can I be asked to reschedule the classes that were missed due to my absence?

The University has the right to determine what tasks are prioritised during working hours and to request that you reschedule classes where appropriate in the interest of students.  Should you refuse to reschedule this will be regarded as partial performance/not working to contract and your pay will be deducted as per the arrangements for action short of strike action.

Will there be picket lines around the University on the day(s) of the strike?

We anticipate that there will be picket lines at the main entrances to our campuses.

In general, the number of pickets should not exceed six employees (plus a full-time union official).  The only purpose of the picket is to peacefully obtain or communicate information or to peacefully persuade a person not to work. 

What should I do if I am confronted by staff on picket lines?

Picketing is covered by a Code of Practice which recommends that usually there should be no more than 6 people outside an entrance to, or exit from, a workplace.

Pickets are required to conduct themselves in a peaceful and non-threatening manner. Some staff on picket duty may seek to persuade you not to work but they have no right to impede your access to University premises. If you wish to work on the day of the strike you should walk or drive carefully past the picket line and report for work as normal.

What should I expect from the picket lines?

You should expect the picket lines to be professionally organised and the behaviour of the pickets to be courteous. The pickets will conduct themselves in accordance with the Code of Practice.

If I join the picket line at lunchtime am I on strike?

Yes. If you participate in any action you will be regarded as being on strike and a day's pay will be withheld.

My Head of School/Section doesn't always know my whereabouts as I regularly work from home. He/she may report me as being absent on strike when I am not. How can I be sure that you will not withhold pay from me?

It is important that you make sure your Head of School/Head of Section is informed of your working arrangements on any of the strike days. In these circumstances you will not have any payments withheld from your salary. In addition all staff who participate in the strike action will receive a letter advising them that monies will be withheld from their salary payment at the end of the month.

Will I be informed if a reduction is going to be made from my salary?

Yes, you will be sent a letter advising you that the University will withhold a day's pay from your salary for the day that you are involved in strike action. The level withheld will be calculated at the rate of 1/365th of annual salary per day. If you work part-time, a deduction will be made equivalent to contractual hours that should have been worked on each day on which strike action takes place.

I am due to retire this year. However, I am considering taking part in the current industrial action in support of the dispute. Will my pension be affected?

No, it has been agreed on this occasion that the University will continue to pay employer contributions to participating scheme members.  Similarly, employee pension contributions will be deducted as normal irrespective of any reduction in salary as a consequence of participation in industrial action. This will ensure continuity of pension scheme membership and life assurance benefits.

I cannot attend work during strike day(s) due to adverse weather. What will happen?

If you indicated that you were going to participate in strike action on a day of adverse weather, or intended to do so, then your absence will count as a strike day and you should complete the form to notify the University on this basis.

If you indicated that you would have been at work, or intended to be, but were not able to attend due to adverse weather, then your absence will be considered in line with the Severe Weather Policy.

How does the University gather information about staff participating in strike action/action short of strike (ASOS) and why does it do so?

Heads of School/Directors are asked to provide information to Human Resources on the morning of each strike day or where it becomes apparent that staff are participating in ASOS.  This enables the University to understand the level of participation in strike action/ASOS and, therefore, the level of disruption as well as to facilitate appropriate deductions from pay for those participating to be made.  This is necessary in terms of the staff member’s contract of employment.

The information collated from Heads of School/Directors will include detail where staff have disclosed to them that they are participating in strike action/ASOS, confirmation of those not participating in strike action/ASOS (as they are at work or on leave) as well as any cases where staff are not at work and they are unsure whether staff are participating in strike action or not or, in the case of ASOS, it becomes apparent that the member of staff is participating in this.  

Staff are asked to complete the form to confirm that they have participated in strike action/ASOS. 

Human Resources then use the information above to write to staff to confirm participation in strike action/ASOS (for those staff members who have returned the form confirming participation.  In addition, Human Resources will also write to staff who have not completed the form but where it is understood they have participated in strike action/ASOS.   In each case, staff are given the opportunity to highlight any error in the information prior to deductions from pay being made.

Why have weekends been considered in the calculation as this means more money is being withheld from me?

Salaries are calculated on calendar weeks, i.e., on the basis of 1/365ths per day, rather than a calculation used based on a full working week being Monday-Friday which would, therefore be on the basis of 1/260ths. 

A week’s pay is, therefore, calculated as 7/365ths, rather than 5/260ths. 

The example below illustrates the effect each calculation has in respect of withholding pay.

Example: salary of £40,000 per annum

7/365ths = £767.12

5/260ths = £769.23

Are annual leave days, sick days or other forms of leave included in the calculation for withholding pay?

No, if you have been on annual leave (including public holidays) and have confirmed this to your Head of School/Section then they will not be included in the calculation for withholding pay.  Similarly, if you have been sick then they will not have been included.  You should ensure that you report sickness to your line manager in the normal manner. In addition, if you have been absent due to other special leave provisions, e.g., compassionate leave then these will not be included in the calculation.

Has an Equality Impact Assessment on the University’s policy on withholding pay been undertaken?

Yes, the University has completed an Equality Impact Assessment which can be viewed here.

What happens to the pay that is withheld?

Withheld pay will be used to support student welfare.

What happens to pension contributions in cases of strike action or action short of strike action (ASOS)?

Where a whole’s day’s pay is withheld, this may lead to a loss of pensionable service for each day of the strike/participating in ASOS.

This means that the University is not obliged to pay pension contributions where pay is withheld for participating in a strike/ASOS of one or more days' duration.

For each instance, the University will exercise its discretion whether to apply one of the following options (and notify employees in advance of the action):

(a) the employee can choose to pay both the University and employee contributions for each day of action, but they must notify this to the employer before the action takes place. This will mean that the day(s) of industrial action will count towards pensionable service.

(b) alternatively, the employee can elect not to make up the University and employee contributions for each day of action – in which case the day(s) of industrial action will not count towards pensionable service – but they can choose to pay a charge for maintaining their death in service benefits. Again, they must notify the University of this choice before the industrial action commences.

(c) the University can use its discretion to continue to make its employer contribution: in this case the employee will continue to make their contribution. This will mean that the period of the strike/ASOS will continue to count as pensionable service.