Christmas has not come early for workers in Higher Education

Unite union has branded University Vice Chancellors as Scrooges as low paid workers in higher education are offered almost no pay increase for this year.

Mike Robinson, national officer for Unite's education sector said:

"The final offer of 0.5% from the UCEA (Universities and Colleges Employers Association) on pay will be a bitter disappointment to many low paid workers in Higher Education. Higher education institutions are failing to protect lower paid staff in this recession. Both on pay and job security, poorer families will suffer. Christmas has not come early and Scrooge is a University Vice Chancellor. Unite will begin to ramp up the case for the low paid staff in higher education in 2010".

2009 Pay Recommendation

Pay, related items negotiations and Unite Education Sector emergency motion.

Several important matters have been going on over the last few days that now make it imperative for our members to reconsider where we are going on the 2009 pay claim and the redundancy avoidance and job security process for the sector.

Over the last few weeks there have been several meetings with UCEA and New JNCHES trade unions on the two issues mentioned above.

Job Security

Through the work of ACAS a joint document on job security and redundancy avoidance have been considered. In fact there have been at least 5 drafts, each attempting to breach the gap between UCEA's position and that of the NEW JNCHES unions.

The latest attempt has resulted in a document entitled "Digest on job security: a reference document for Higher Education institutions with input from UCEA and the HE trade unions".
The important factor for Unite is that the Digest is an ACAS badged document and carries the weight and support of ACAS in its content and eventual application. For UCEA their important factor is that the document is not a full agreement.

Unite believe that it is a useful starting point but that it does not prevent local groups from expanding on the Digest or from reaching local agreement around the original draft agreement on job security and redundancy avoidance sent to representatives in recent weeks.

I also attach for your information a copy of the Digest and the agreed Communication with UCEA following the ACAS talks as well as a copy of the Press Notice that Unite issued at the time that the ACAS negotiations concluded.

2009 Pay

On pay despite your negotiators hardest and best attempts we have been unable to move the figure on offer beyond 0.5%. This is despite many ways we have approached the low offer including seeking a lump sum for low paid members of staff or reopeners should inflation increase over coming months.

It is the view of your New JNCHES negotiators that the latest position is the best we are likely to achieve by across the negotiating table without a strong and severe dispute.

Emergency motion

These points were discussed at the Unite Education Sector conference which took place this week in Brighton on the 26th November.
An emergency motion on the issues was considered and voted on by Unite delegates from over 30 higher education institutions present in Brighton.
The emergency motion is attached with this Circular. The most important part in my view is that the conference reluctantly recommended acceptance of the offer of 0.5% "as the best that can be achieved by negotiation". Those attending the conference were all seasoned union representatives who know we either have to be prepared to take strike action to move the matter forward or to regroup for 2010.

Local vote

Local groups are now asked to consider the matter. I would be grateful if you can call a meeting of Unite members preferably as joint meetings of all Unite members ask them to consider the content of this Circular and the attached emergency motion from the sector conference and decide the following question.

Do you wish to accept or reject the offer from UCEA of a 0.5% increase in pay for 2009 (now backdated to August 2009) and the proposed document from ACAS on job security.

Accept…… Reject…..

Please note any vote for rejection of the offer should be made on the basis that such a rejection nationally could be followed by a formal ballot for strike action.

Emergency Conference Motion

Education Sector Emergency Motion

This conference recognises

• That extensive negotiations facilitated by ACAS between UCEA and the HE trade unions concluded on Tuesday 24th November;
• and that many issues put forward by the trade unions remain unresolved; including an agreement on redundancy avoidance in the sector.

This conference

• Reluctantly recommends acceptance of the offer of 0.5% (the lowest pay deal in the public sector) as the best that can be achieved by negotiation.
• Calls on our negotiators to work towards pay deal in 2010 which ensures that low pay is replaced by realistic pay.
• Instructs our national committee to build a campaign to achieve these aims.

2009 Pay Negotiations

WITHOUT PREJUDICE

ACAS

Digest on job security: a reference document for Higher Education institutions with input from UCEA and the HE trade unions

INTRODUCTION

Acas has facilitated a series of meetings between UCEA and the trade unions. At these meetings the trade unions have expressed their concerns and their desire for a national approach on the handling of job security. UCEA has explained the constraints upon its mandate, which is to seek to negotiate a national pay agreement to apply to staff covered by the single pay spine; it has no mandate on behalf of the HE employers to enter into a national agreement in the area of job security and the handling of potential redundancies in HEIs. The management of staffing matters, be it in recruitment, promotion or in the handling of any staff reductions is a matter for each HEI as an independent employer.

HEIs are operating in a difficult and uncertain economic environment. There is guidance available to employers in relation to handling workforce change in such circumstances through bodies such as Acas. This paper presents some of the statutory requirements and also outlines additional points for employers and employee representatives to consider as appropriate. These points have been raised in discussions; they are not all shared.

Key publications are the Acas booklet on Handling Redundancy and How to manage your workforce in a recession (the latter published with CIPD). Some relevant material from these two publications is presented here, along with comment from UCEA, the trade unions, and Acas.

The growth of British industry requires constant review of products and methods of work, and the successful application of new technology. Our ability to maintain competitiveness in world markets depends on this. It is inevitable, however, that redeployment of labour and redundancies will sometimes be necessary. A poorly thought out approach to change can result in a level of uncertainty which damages company performance and, should redundancies be unavoidable, may lead to financial and emotional costs to the individuals affected.

Acas aims to provide guidance for employers, trade unions and employee representatives on how best to handle redundancies. Acas emphasises the importance of planning labour requirements to avoid or to minimise the need for redundancies; the benefits of establishing an agreed procedure for handling redundancies; and the need for fairness and objectivity when selecting members of the workforce for redundancy. Acas material considers the practicability of offering redundant employees alternative work, counselling or other assistance. Acas hopes that its material will act as an aid to improved employment relations practice by ensuring that the need for redundancies is minimised, and that where they are unavoidable, decisions are made in a fair and consistent manner.[1]

A joint Acas and CIPD guidance note[2] is drawn on here to highlight three key points, following which particular perspectives are added from either UCEA or the trade unions which are the specific view points of those parties.

KEY POINT 1 – CONSULT WITH YOUR WORKFORCE AND THEIR REPRESENTATIVES

UCEA notes the following from the Acas / CIPD guidance note as relevant for HEIs’ consideration when dealing with collective redundancies:

· Consult with your trade union where one is recognised. (NB – this will be the case for the majority of UCEA subscribers)

· If there is no trade union, set up a special employee forum or consultative body long enough before the redundancies occur to provide information and to consult.

· Ensure that representatives have paid time off and appropriate facilities in order to meet and communicate with their constituents.

· Provide training for representatives (the trade unions will provide this for their representatives) – legally this has to be done, but it will also help the smooth running of the whole process.

· Consult representatives about ways to avoid redundancies, reducing the number to be dismissed and mitigating the consequences of any redundancies. The consultation must take place with a view to reaching an agreement.

· Recognise the difficult but key role that representatives have to play.

In addition, UCEA suggests consideration is given to:

· Informing wider stakeholders, including student representatives

· Engaging in dialogue with local TU representatives to discuss long-term financial sustainability, organisational change and workforce planning

· Ensuring that there is a good understanding of a particular institution’s context and challenges.

The legal requirements of a collective redundancy consultation are that the employer provides certain information, including:

· Reasons for the proposals

· Numbers and descriptions of employees whom it is proposed to dismiss as redundant

· Total number of employees of that description employed by the employer at the establishment in question

· Proposed method of selecting the employees who are at risk of dismissal

· Proposed method of carrying out the dismissals, with due regard to any procedure, including the period over which the dismissals are to take effect.[3]

In addition, the TUs suggest HEIs consider the following points:

· Conduct equality impact assessments and consult unions to ensure prior consideration on whether the proposals have a disproportionate effect on either gender, black and ethnic minority staff, disabled staff, and staff of different ages

· Carry out individual consultations with those staff affected (ensuring staff are aware they are entitled to be accompanied by a trade union representative)

· Advise on the proposed method of calculating the amount of any redundancy payments to be made to employees who may be dismissed.

The TUs also suggest that information beyond the statutory requirements may be helpful, such as:

· Statistics on staff turnover for previous years

· Lists of vacancies on a regular basis

· Details of the institution’s current financial position

· Details of the redundancy appeals procedure

KEY POINT 2 – THINK LONG TERM

UCEA notes the following from the Acas / CIPD guidance note as relevant for HEIs’ consideration when dealing with collective redundancies:

· Think creatively about how to reduce employment costs, such as new ways of working and work reorganisation.

· Remember that making people redundant and recruiting again later when the market picks up is expensive.

· Protect and make the most of the training budget – focus resources on key areas such as improving line management capability and customer service.

· Bear in mind your long-term reputation.

In addition, the TUs suggest HEIs consider the following points:

· Inform and consult with the trade unions at the earliest opportunity

· Seek all possible opportunities for redeployment (including, where necessary, retraining) to other parts of the organisation

· Provide careers advice and training in transferrable skills, where practicable

· Seek alternative funding, e.g. where funding for a particular project has expired.

KEY POINT 3 – THINK ABOUT WAYS TO MINIMISE REDUNDANCIES

UCEA notes the following drawn from the Acas / CIPD guidance note as relevant for HEIs’ consideration when dealing with collective redundancies:

· Take advantage of natural wastage and/or offer voluntary redundancy terms – redundancies can have a serious negative impact on morale and performance.

· Cut back recruitment and review your use of temporary staff.

· Retrain employees whose skills are no longer in demand and redeploy employees to other parts of the organisation where possible.

· Reduce or eliminate overtime working.

· Consider short-time working, temporary lay-offs or sabbaticals.

· Plan reward strategies carefully – especially if the scope for pay awards is restricted.

· Encourage staff to suggest how jobs can be done more efficiently and costs saved.

In addition, the TUs suggest HEIs consider the following points:

· Try to make savings in non-staff budgets and to achieve any unavoidable reduction of staff levels by natural wastage

· Review the use of external contractors, where practicable

· Consider volunteers for part-time working or job-sharing

· Consider volunteers for redundancy including, where practicable, from areas of work where other potentially redundant staff possess transferable experience and skills to enable possible redeployment

· Consider ring-fencing vacancies, where this is practicable, to internal applicants otherwise likely to be made redundant

· Establish a redeployment procedure that ensures staff at risk of redundancy are aware of and can be considered for suitable posts

· Minimise potential redundancies by such means as utilising transferable skills and maximising redeployment options, including the potential for retraining

OTHER SOURCES OF INFORMATION

· It is noted that UCEA has produced a Briefing on handling job losses which is available to UCEA members on its website. The briefing sets out the legal framework in which employers operate.

· It is noted that the trade unions have produced model procedures which they would wish to see considered by HEIs. These can be seen at (insert web link).

· Other sources of information:

Redundancy Handling booklet, Advisory Conciliation and Arbitration Service, April 2009

Employee communications and consultation, Advisory Conciliation and Arbitration Service, July 2008

How to manage your workforce in a recession, www.cipd.co.uk/subjects/emplaw/redundancy/_hwmngwrfrcs.htm, 2009

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[1] Redundancy Handling booklet, Advisory Conciliation and Arbitration Service, April 2009

[2] How to manage your workforce in a recession: a joint Acas and CIPD guidance note, www.cipd.co.uk/subjects/emplaw/redundancy/_hwmngwrfrcs.htm, 2009

[3] Trade Union and Labour Relations (Consolidation) Act 1992, s188

John Bevan

I'm sorry to report that John Bevan passed away last Saturday 7th November


John’s association with UEL began in April 1979. He provided technical support for the Department of Estate Management at the Waltham Forest precinct of the North East London Polytechnic - one of the precursor institutions of the University.

NELP withdrew from Waltham-Forest and the department was relocated to Duncan House. John became Chief Technician within Audio Visual Technical Services. At this time the Polytechnic changed its name to the Polytechnic of East London.

After the formation of the University in 1992 a further relocation saw John work at the main Stratford Campus within Audio Visual Services. As if this wasn’t enough John also found time to work at Maryland House within Library Services where he finished in July 2003. John’s positive attitude was a source of motivation to those around him and his work would have had a big impact on students and staff.

It was here when John made an impact within the University branch of what was then MSF as a long standing member he was interested in Health & Safety issues sufficiently to become a Union Safety Representative. He then developed into a position on the Branch Committee before progressing as a delegate to the London Area Universities Advisory Committee and a delegate to the National Conference. His final position was as Branch Chair, a position he initially took after some arm twisting but grew into and colleagues will have fond memories of him before he retired.

As an active member of the union, John always made time for others. John will be remembered for his genuine, thoughtful and caring nature. His positive attitude, and willingness to help others, John will be remembered warmly by his friends and colleagues at UEL.