York St John University
Managing Industrial Action and Withholding Pay1
1.
Introduction
1.1
The University seeks to maintain good and constructive relations with its staff and recognised
Trades Unions (UCU and UNISON). The University hopes it is a shared objective of this
relationship to avoid industrial disputes.
1.2
Industrial action of any kind seeks to purposely disrupt the University’s ability to maintain the
student experience and deliver a positive service to its customers and partners and so cannot
be tolerated.
1.3
This policy sets out the University’s response to industrial action to ensure a clear and
consistently applied approach is taken, in particular in relation to partial performance and the
withholding of pay.
2.
Protected Industrial action
2.1
Employees are only legally permitted to participate in industrial action if they are a member of
a recognised Trade Union and that Union is in dispute with the University. Action can only
follow a legally compliant ballot and staff can only take the action mandated by that ballot and
at the notified time. Unofficial or illegal industrial action taken by non-Union members, by
members of a Union not party to a particular dispute or without a legally compliant ballot will
face disciplinary action, which may include suspension without pay, dismissal or summary
dismissal for the unprotected repudiation of their employment contract.
2.2
There are two forms of industrial action:
a. Strike action: this involves a complete withdrawal of labour for a defined period of time,
usually single and/or intermittent days, or for a continuous and specified period.
b. Action short of strike: this involves a partial withdrawal of labour (‘partial performance’)
and refusal to carry out specified duties and responsibilities.
3.
Strike Action
3.1
Employees taking any form of industrial action after a legal ballot will be breaking their
contract of employment with the University as they will not be doing the work they are paid to
do.
3.2
In the event of strike action there is no obligation on the University as an employer to pay
employees for work that has not been done and pay will be withheld for each day not worked
at 1/260th of annual salary.
1
The Policy approach has been developed with reference to the Universities and Colleges Employers Association (UCEA) Guidance on
Managing Industrial Action and Withholding Pay (May 2008)
S/HR/Policies/General/Managing Industrial Action and Withholding Pay
1
4.
Partial Performance
4.1
The University rejects partial performance. An employee is not entitled to select which of their
contractual duties they will undertake. The refusal to undertake full and normal contractual
duties is a breach of contract.
4.2
If an employee decides to take part in action short of a strike i.e. where they are willing to
undertake some of their contractual duties but are refusing to undertake others, the University
will withhold pay for each day of partial performance at 1/260th of annual salary, unless
employees make it clear by a declaration in advance (see below) that they intend to perform
all of their duties normally.
5.
Commencement Date for Withholding Pay
5.1
In the case of strike action, pay will be withheld from the date of complete withdrawal of
labour.
5.2
In the case of partial performance, the University will determine the date on which to begin
withholding pay by referencing the first date when an employee fails to do any particular item
of work he or she is required to perform (e.g. failure to attend an exam board) or when it
becomes clear that they are not performing a particular item of work over a continuous period
(e.g. systems maintenance or the failure to mark examination scripts). Where a date is set for
staff to give a positive assurance about their intention to work normally (see below), the
commencement of the withholding of pay will normally be from that date, in the absence of a
positive or any response.
3.5
In circumstances where the failure of an employee to perform a task on one day (e.g. submit
exam marks / input data to a system) leads to a period of continuing disruption for the
institution, it is legitimate for the institution to continue to withhold pay for as long as the
disruption is maintained – the institution is not constrained to only being able to withhold pay
in relation to the day of the event in question.
3.6
The University will continue to withhold pay on each day of industrial action until the union
calls the action off or an employee confirms they are resuming full duties.
6.
Identifying staff taking part in industrial action
6.1
The University is entitled to know which employees are taking part in industrial action, where
this action takes the form of either strike action or action short of a strike. To do this, the
University will write to all employees in the categories covered by the industrial action in
question requesting details of their intentions by a set deadline. In the event of action being
taken short of a strike, employees will be asked whether they will work normally as soon as the
action commences. Employees who fail to give the sought assurance or failure to reply by the
given date will be considered to be participants in the action because of that refusal. It is
regrettable that we need to write to all employees when many may intend to work normally,
however this is the only way for the University to establish which staff have, or are,
participating.
6.2
The University will ensure employees are given every opportunity to respond as if no response
is received from a member of staff then the University will have no option but to assume that
they are taking, or have taken, part in the industrial action and pay will be withheld.
S/HR/Policies/General/Managing Industrial Action and Withholding Pay
2
6.3
Withheld pay will only be restored where it is clear that some genuine administrative or other
difficulty has occurred.
6.4
All employees are required to work on campus on any day of strike action. This also applies to
casual employees and hourly-paid or visiting lecturers who are contracted to work for the
University on the day or days of strike action. Exceptions for attendance at external workrelated events appropriately approved before strike action commences may be made.
Working at home is not an available option.
6.5
Where an employee is seconded to work elsewhere but remains contracted to York St John
University their line manager must verify attendance at that individual’s normal place of work.
7.
Annual Leave
7.1
Annual leave requests for days of strike action or for a period which includes a day of strike
action will not be approved after notification) to the University (via Trade Union publicity or
otherwise) of the date(s) of intended action. Annual leave requests authorised before this will
be honoured.
8.
Pension Contributions
8.1
Pension contributions will not be paid by the University on the day or days of any strike action.
This may have implications for benefits provided by the Pension Scheme. Employees should
refer to their pension provider for further information on impact.
9.
National Insurance Contributions
9.1
National Insurance contributions will not be levied for any days where an employee earns no
pay due to industrial action.
10.
Maternity/Paternity Leave
10.1 Anyone on maternity or paternity leave is in the position of being on authorised absence and is
therefore unaffected by any industrial action.
11.
Return to Normal Working
11.1 The University will not restore pay to employees who have taken part in industrial action after
the dispute is concluded.
Responding to the Press
Employees, including SLT members, should not speak to the press on behalf of the University and are
reminded that even a view expressed privately may form the basis of an adverse quote used to
damage the University. All media enquiries should be referred to the Director of Marketing &
Admissions or the PR & Communications Officer.
Further Clarification
If a member of staff is unclear about any aspect of the institution’s policy on industrial action and the
withholding of pay they should contact a member of the HR team.
S/HR/Policies/General/Managing Industrial Action and Withholding Pay
3