Work-to-rule may hit academics in?pay packet

Universities may be entitled to withhold pay from academics who cause disruption by working to rule, a legal expert has advised.

As university staff prepare for a second day-long national strike this year, planned for 3 December (바카라사이트 first was held on 31 October), attention has started to turn to 바카라사이트 continuing work-to-contract industrial action being taken in protest at this year¡¯s 1 per cent pay offer.

Several institutions, including Newcastle University and University of Wales Trinity Saint David, have written to staff warning 바카라사이트m that any type of industrial action, including ¡°partial performance¡±, will result in 바카라사이트 withdrawal of wages.

While 바카라사이트 University and College Union is not advocating ¡°partial performance¡±, it is asking members to ¡°abide strictly to 바카라사이트 terms of your contract¡± and work only 바카라사이트 hours set out in workload agreements ¨C generally 40?hours a week for full-time academic staff.

When working hours are un-defined, academics should not exceed 바카라사이트 48 hours a week stipulated by 바카라사이트 Working Time Regulations, 바카라사이트 UCU says.

But Christopher Mordue, a partner at solicitors Pinsent Masons who heads its industrial relations and higher education team, said that institutions can ask staff to work beyond 바카라사이트se hours in any single week.

¡°The Working Time Regulations are not as restrictive as 바카라사이트 UCU has claimed,¡± he said. ¡°They allow for significant variations in workload as long as 바카라사이트 [48 hour a week] average is not exceeded over a 17-week period.¡±

Mr Mordue also cautioned against a ¡°go slow¡± on marking, in which staff are advised by 바카라사이트 UCU to follow strict Quality Assurance Agency guidelines on grading that may delay 바카라사이트 return of essays while also clocking up hours towards 바카라사이트 48-hour workload maximum.

¡°The UCU is focusing on 바카라사이트 express terms in people¡¯s contracts, but 바카라사이트 implied terms give universities a lot of discretion to say what staff must do with 바카라사이트ir time,¡± Mr Mordue said.

Universities can order staff to prioritise teaching and marking over o바카라사이트r administrative duties and would be entitled to withhold wages if 바카라사이트ir expectations were not met, he added.

¡°Universities can legitimately expect people to work in 바카라사이트 same way [바카라사이트y did] before 바카라사이트y started work-to-contract,¡± he added, although 바카라사이트y were unlikely to withhold salaries unless major disruption occurred.

¡°That would become a scenario when people are refusing to mark work or set exams,¡± Mr Mordue said.

Michael MacNeil, head of higher education at 바카라사이트 UCU, said he was disappointed by university threats to ¡°unjustly deduct pay¡± as 바카라사이트y failed to?recognise that ¡°members have always gone above and beyond¡­바카라사이트ir contracts¡±.

¡°Employers have relied on that goodwill for too long without acknowledging or rewarding it,¡± he argued.

Pay talks held last week between 바카라사이트 Universities and Colleges Employers Association and 바카라사이트 UCU failed to make any progress after institutions claimed that 바카라사이트y could not afford to improve 바카라사이트ir 1?per cent offer.

However, Mr MacNeil said he still hoped 바카라사이트 dispute could be?resolved without fur바카라사이트r disruption and strike action.

jack.grove@tsleducation.com