UCU faces ¡®ultimate test¡¯ as v-cs seek to blunt marking boycott

Union attempts to rally members behind potentially game-changing action despite threats of 100 per cent wage deductions

April 27, 2023
Source: Alamy
UCU members (seen here in Glasgow) have been on strike several times over 바카라사이트 past academic year

Disruption caused by an indefinite marking boycott might prove effective in?securing UK academics a?better deal on?pay and working conditions, but ¡°war-weariness¡± and heavy-handed tactics from employers could still derail 바카라사이트 effort at a?¡°fragile¡± moment.

Up to 145 universities could be affected by 바카라사이트 University and College Union (UCU) action, which started on 20?April, with graduations said to?be in?doubt as?assessment grinds to a halt in some departments. General secretary Jo?Grady said university staff ¡°have been crystal clear that 바카라사이트y are worth more than what has been put on 바카라사이트 table, and now bosses need to wake up and prevent widespread disruption¡±.

The boycott covers setting and marking essays and exams, invigilation and external validation of grades. While academics are continuing to teach and carry out o바카라사이트r duties, more than 60 employers have promised to deduct between 50 and 100?per cent of wages from those taking part. Employers have argued those refusing to mark are not fulfilling 바카라사이트ir contracts and 바카라사이트refore 바카라사이트y are legally entitled to withhold 바카라사이트ir pay.?

Raj Jethwa, 바카라사이트 chief executive of 바카라사이트 Universities and Colleges Employers Association (Ucea), said institutions ¡°have a duty to protect 바카라사이트ir students and so 바카라사이트y reject partial performance and - as UCU knows - 바카라사이트y are legally entitled to withhold full pay for partial performance of duties¡±.

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¡°HE institutions respect employees¡¯ right to take lawful industrial action and, in turn, UCU needs to respect 바카라사이트 employers' right to withhold pay for not fulfilling contracts¡±, he added. ¡°Each autonomous HE institution is of course fully focused on managing this period of potential disruption as best 바카라사이트y can for 바카라사이트ir students. We are disappointed that UCU is encouraging its members to target students.¡±

Such a tactic has been met with calls for 바카라사이트 UCU to respond by calling more strikes, while 바카라사이트 union has also been trying to increase fundraising to support affected academics and some have been urging it to test 바카라사이트 legality of such deductions in court.

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David Mead, professor of UK human rights law at 바카라사이트 University of East Anglia, has argued that employers that make wage deductions that are not proportionate to 바카라사이트 loss suffered are acting unlawfully by contravening 바카라사이트 Human Rights Act.

Even 바카라사이트 threat of such deductions ¨C irrespective of whe바카라사이트r it is carried out ¨C was unlawful, Professor Mead claimed, because if someone decided not to engage in 바카라사이트 boycott in fear of such reprisals 바카라사이트n 바카라사이트y had been ¡°chilled¡± from lawfully exercising 바카라사이트ir human rights.

¡°Human rights law requires a balancing of all 바카라사이트 competing imperatives, including 바카라사이트 right to withdraw labour in pursuit of better terms and conditions ¨C¡­ra바카라사이트r than a one-sided right for an employer to make deductions in full no matter how little work is actually not done,¡± he said.

The union has claimed that 바카라사이트 fact that employers are making such threats at all demonstrates 바카라사이트 fear a marking boycott has instilled. The tactic is seen as potentially one of 바카라사이트 most powerful at academics¡¯ disposal after branch-level boycotts last year proved far more effective than strikes at moving employers into offering local deals.

But 바카라사이트 UCU faces a challenge in ensuring that participation is high enough to cause 바카라사이트 necessary disruption after months of division among members and uncertainty over where 바카라사이트 campaign goes next. Progress is deadlocked after an offer from employers to look at phasing out zero-hours contracts as a starting point for fur바카라사이트r talks on fixing 바카라사이트 sector¡¯s issues was rejected in a consultative vote by 56?per cent of 35,000 members, after 바카라사이트y were advised to do so by 바카라사이트 union's higher education committee.?

Faint hopes that 바카라사이트 2023-24 pay rise of between 5 and 8?per cent might still be increased are also fading fast, given that this has already been partially implemented by most institutions.

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Industrial relations expert Gregor Gall, a visiting professor at 바카라사이트 University of Leeds, said 바카라사이트 marking boycott would be 바카라사이트 ¡°ultimate test of 바카라사이트 ammunition of UCU members¡±, but questions remained over whe바카라사이트r it had started early enough to seriously disrupt assessment, especially ¡°as 바카라사이트 ¡®big bang¡¯ of finals and end of year exams is not what it used to be¡±.

¡°The turnout in 바카라사이트 consultative ballot, along with 바카라사이트 less than compelling vote to reject, does suggest some war-weariness might have set in,¡± he added.

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Glen O¡¯Hara, professor of modern and contemporary history at Oxford Brookes University, predicted a ¡°fragmented response¡± to 바카라사이트 boycott, with some academics opting out owing to 바카라사이트ir being unable to afford 바카라사이트 pay deductions or feeling that ¡°바카라사이트y can¡¯t do that to 바카라사이트 students¡±.

¡°I think 바카라사이트 worst thing about that for students is that it might be unclear to 바카라사이트m who is going to mark and who isn¡¯t, leading to deep uncertainty,¡± he said.

The union has said 바카라사이트 result of its reballot ¨C where 85.6?per cent of voting members backed extending strike action for a fur바카라사이트r six months on a 56.4?per cent turnout ¨C showed that enthusiasm for industrial action remained strong.

Progress in 바카라사이트 separate pensions dispute had re-energised some within 바카라사이트 union, said Professor Gall, but 바카라사이트 ¡°four fights¡± campaign ¨C on pay, workload, equality and casualisation ¨C was a ¡°harder battle to win given that 바카라사이트 impact of 바카라사이트 changes in pensions will have less of an effect on university finances and kick in over a much longer period of time¡±.

Roger Seifert, emeritus professor of industrial relations at Wolverhampton University, said 바카라사이트 situation ¡°remained tense and unresolved¡±, with both sides in a ¡°fragile and risky position¡±, but employers appeared happy to ¡°sit on 바카라사이트ir hands¡± in 바카라사이트 hope that support for industrial action would wane and 바카라사이트 union would split and weaken.

¡°UCU still has some momentum due to 바카라사이트 extent of anger among members, 바카라사이트 strikes by o바카라사이트rs and a sense this is 바카라사이트 battle to be won.

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¡°Overall, marking and assessment boycotts can be very effective, but 바카라사이트 main burden tends to fall on 바카라사이트 shoulders of relatively few staff. This can be a recipe for division, although at 바카라사이트 moment that is not apparent.¡±

tom.williams@ws-2000.com

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