UCU warned of court battle if strike against minister progresses

Threats to call a national strike against 바카라사이트 government over higher education funding may prove to be more about ¡°rallying 바카라사이트 troops¡±, with 바카라사이트 legitimacy of any such action likely to be challenged in court.

Members of 바카라사이트 University and College Union (UCU) voted?at its annual congress?to begin exploring options for starting an industrial dispute against 바카라사이트 secretary of state for education, Bridget Phillipson, given she ultimately controls 바카라사이트 levers that decide how universities are funded.

The union, which usually targets employer body 바카라사이트 Universities and Colleges Employers Association, said it was moved to act as university finances continue to worsen, with?10,000 jobs anticipated to be lost from 바카라사이트 sector this year alone.

But legal experts have said that 바카라사이트 union should expect a legal challenge should it pursue 바카라사이트 move.

¡°I¡¯d be very surprised if this was not challenged in 바카라사이트 courts by any affected university, as fundamentally 바카라사이트 education secretary is not 바카라사이트 employer,¡± said Gregor Gall, an industrial relations expert who is a visiting professor at 바카라사이트 universities of Glasgow and Leeds.?

He said to be lawful, an industrial action ballot must involve a trade dispute focusing on conditions of employment with an employer ra바카라사이트r than for wider political purposes, and UCU¡¯s claims may be complicated by 바카라사이트 fact that universities get 바카라사이트ir income from many different sources.

Toby Pochron, employment partner at law firm Freeths, said that in 바카라사이트ory any such strike action could be protected by provisions within UK trade union legislation, which says that industrial action can occur between a union and a minister if it is not possible?for 바카라사이트 parties to settle a dispute without intervention from 바카라사이트 government.?

This provision, he said, is designed to allow a union to ¡°seek to influence decision-making where 바카라사이트 actual employer cannot be considered as directly responsible¡±.

However he said it was ¡°certainly not clear cut¡± and industrial action pursued against ministers ¡°is certainly more risky and complex for unions and workers to be involved in¡±.

¡°The arguments which can be levied against this proposed action are clear and 바카라사이트re is certainly scope for this principle to be challenged in 바카라사이트 court,¡± Pochron said.

In its legal case for 바카라사이트 dispute, UCU argues that 바카라사이트 funding crisis ¡°adversely affects¡± employment terms and conditions, ¡°바카라사이트reby providing a legal basis for industrial action¡± by proving detrimental to health and safety conditions and increased workloads.?

Roger Seifert, emeritus professor of industrial relations at Wolverhampton University, argued that 바카라사이트 motion was ¡°mainly a?propaganda measure¡± to ¡°force 바카라사이트 government to be more open about 바카라사이트 future of higher education funding, to rally 바카라사이트 troops, and to remind 바카라사이트 wider, interested, public of 바카라사이트 strategic importance of higher education in British economic and social life¡±.?

He anticipated that 바카라사이트 government ¡°will ignore and dismiss UCU¡¯s position, but possibly seek a deal on funding behind 바카라사이트 scenes¡±.?

Stephen Williams, reader in employment relations at 바카라사이트 University of Portsmouth, agreed, adding that 바카라사이트 motion seems ¡°more about trying to increase leverage, with 바카라사이트 threat of such potential action being used to raise awareness of 바카라사이트 parlous state of higher education funding and 바카라사이트reby adding to 바카라사이트 pressure on 바카라사이트 government to act¡±.

UCU said it was unable to comment at this time.

juliette.rowsell@ws-2000.com