Unite to Defend Statute 18 • Say NO to UCL ripping up academic ‘tenure’ Statute • Increased risk of restructuring + redundancy from fees and cuts: Imperial, King’s, Queen Mary cut departments after axing statutes REDUNDANCY – what is at stake: CURRENT PROCESS MANAGEMENT PROPOSAL UCL Council oversees redundancy process from start to finish. UCL Council decides to make redundancies. Managers make all subsequent decisions. The process is difficult, costly and timeconsuming to carry out. The burden of proof is on Council to show redundancies are necessary. Deans and Heads of Department make recommendations to Redundancy Committee – not decisions to fire individuals. Redundancy process is streamlined. Deans and Heads of Department issue redundancy notices. Redundancy in danger of being the weapon of “first resort” – to balance department finances or boost REF ratings. Staff have additional rights not listed below. Minimum legal procedure followed. UCL Council decides to reduce academic staff in a Department/Faculty. UCL Council decides to reduce academic staff in a Department/Faculty. UCL Council sets up a Redundancy Committee of 2 Council members, 2 members of Academic Board and Chair. Department/Faculty Management carries out redundancy consultation and selection process with staff (Organisational Change Procedure). Department/Faculty Management carries out redundancy consultation and selection process with staff (Organisational Change Procedure). Redundancy Committee carries out Termination meeting of selected staff. Department/Faculty Management carries out Termination meeting. UCL Council organises separate Appeal (new Redundancy Committee or Council meeting). Senior Management hears Redundancy Appeal. You’re fired! You’re fired! NOTE: Similar changes proposed to other dismissal procedures (discipline, capability, ill-health, etc). UCU (ucu@ucl.ac.uk) represents academics, researchers and senior library, IT and administrative staff. For more information see www.ucl.ac.uk/unions/UCU/campaigns/statute Unite to Defend Statute 18 What is at stake? UCL proposes to replace the ‘arduous’ Statute 18 procedure for dismissal of academic staff with the Termination Procedure and other standard procedures for capability and disciplinary. Last year, UCL made over 400 teaching fellows and research staff ‘redundant’ by using this procedure. Crucially, redundancy is perceived by UCL management to be a simple process to carry out for many staff, but not (currently) for academic staff. If this change goes through, academic staff will be much more easily dismissed than at present. This will inevitably damage UCL and its ethos of collegiality. As a union we are acutely aware of the need to defend staff against redundancies, whether actual or threatened. Indeed we continually campaign against redundancies, defend staff in redundancy situations and negotiate improved procedures with UCL. We have to say from hard-won practical experience, that current standard procedures do not prevent managers making staff redundant provided that they comply with legal requirements to consult. Employment tribunals typically permit employers to make bad decisions, provided that they don’t break a specific civil or criminal law and their solicitors can argue that they believed that they acted reasonably. Tribunals rarely insist on reinstatement – so once a staff member has been dismissed the only argument concerns compensation. Consequently, “stringent and restrictive” internal procedures, such as those currently enshrined in Statute 18, remain the best defence against the arbitrary use of management power. If academic staff are subject to the UCL Termination Procedure rather than the Statute 18 redundancy procedure, then there will be no impediment to the redundancy of academic staff becoming routine. This is exactly what is happening at Queen Mary’s University of London, where some departments are at present seeking to dismiss as many as twenty academic staff in one department to boost their REF rating. Academic freedom - a dead letter? If the current proposal is implemented, once Council decides to reduce staff in a certain area, or a Head of Department wishes to call for the dismissal of a staff member on grounds of gross misconduct, there is no mechanism for Council to carry out its responsibility to protect academic freedom. The procedures are compared side by side overleaf. There is thus • no procedure for Council to formally hear an objection to any process on the grounds of academic freedom, • no requirement for Council or a delegated Committee to review a proposal naming specific individuals. The most likely scenario where academic freedom would be tested is when an academic is selected for dismissal by a Dean or Head of Department who has an academic dispute with that staff member. Departments pride themselves in including practitioners of plural and competing academic paradigms. UCL encourages competition for grants, prizes and funding. The clear danger is that academic differences become a factor in selecting staff for redundancy. For this reason alone we believe that UCL’s proposal is not fit for purpose. Are academic redundancies a realistic threat? To-date UCL has never set up a Redundancy Committee for a permanent member of academic staff and made them compulsorily redundant. Academic staff are protected by the perception of political disrepute that a redundancy process would entail. However, UCL’s White Paper 2012 says that UCL faces a very uncertain future due to changes in University funding, increased problems with recruitment of overseas students, and the global economic crisis. The principal conclusion must be that UCL wishes to make the process of making academic redundancies easier. If academic staff are dismissed, it will become easier to shrink and close departments. Research staff and research-related staff (such as administrators and technical staff) will be undermined by research-active academics (Principal Investigators) losing posts. What should AB do? At minimum, Academic Board must: • Demand a separate AB meeting to review the proposals in detail. • Insist on an adequate consultation period extending into the Autumn term. UCU (ucu@ucl.ac.uk) represents academics, researchers and senior library, IT and administrative staff. For more information see www.ucl.ac.uk/unions/UCU/campaigns/statute