Updated 24 January 2014.
Except where indicated (in italics) the following questions and answers are taken verbatim from “Activist Bulletin 5 – 2013 HE Pay campaign”.
Should I take strike action?
All eligible UNISON members are expected to participate in lawful industrial action called following a ballot of members. If you were balloted over the Higher Education Pay campaign and the vote is to proceed with industrial action then you are expected to take action.
The Branch wishes to add the following:
We understand that members may have very mixed feelings about this. It is very important that we make clear that we will not ostracise or make life uncomfortable for members who do not wish to join in industrial action.
We ask our members who do not agree with the industrial action and who do not want to participate in it to respect the views of members who feel differently and, most importantly, please stay with UNISON.
Some members have wrestled with their consciences and decided they would rather leave UNISON than cross a picket line, for example. But there is no need to do so, all our members are valued equally and we wish to keep sight of the longer-term picture which is that UNISON enjoys constructive relations with the University and both parties recognise that a strong union with diverse membership serves all of our interests. This will remain the case long after this current dispute is resolved.
The HE pay dispute is a national issue, it was supported (and narrowly at that) by a national ballot.
What should I do during a strike?
UNISON only takes strike action once every other avenue of influence and negotiation has been exhausted.
UNISON’s elected national Higher Education Service Group Executive took the decision to progress to an industrial action ballot based on the result of a consultation of branches in June 2013. That showed an overwhelming majority of members rejected the employers’ final pay offer of 1% and were prepared to take action.
We recognise that taking strike action is very serious, which is why UNISON asks that you and every other member observes the strike. Every member who does not undermines our bargaining power and makes it harder for us to protect all of our members. When UNISON calls a strike we ask that you do not go to work, but instead contact your local rep and volunteer to help out on the picket lines. This is not illegal, it isn’t dangerous and it can be fun, as everyone shows that they are serious and united in taking action.
Do I have to tell my employer that I am taking strike action?
Your employer might send you a formal-sounding letter asking you to declare in advance whether you will be taking industrial action. (We are not aware of this having happened at the University.) You are under no obligation to inform your employer in advance as to whether you will be taking part in strike action.
UNISON is legally required to give employers some statistical information about UNISON members taking industrial action, but we do not give individual names.
I have external work commitments on the day(s) of the strikes, should I cancel?
If your commitments are part of your normal work for the university or college you should not attend them.
How late can someone join the union and still take part in strike action?
People can join the union at any point up to and including on the day of action and lawfully join the strike.
How will it affect my pension?
In some strikes (particularly short ones) employers may not withhold superannuation contributions and therefore participation in strike action has not generally affected pensions. Nonetheless it is a possibility. However institutions that do choose to withhold contributions usually make provision for members to make up pension and Additional Voluntary Contribution deficits from their pay.
What about the students?
UNISON knows that many members don’t like taking action that affects students. I. However, when UNISON members have lawfully voted to take industrial action, we are generally making a case for greater investment in, or defence of, the quality of the service we provide to students. Formally, it is the employer’s responsibility to explain to students if services to students and classes are to be cancelled on strike days. However, your branch and members may wish to talk to students on campus before the strikes. You should explain why the union is taking this action and the impact of the squeeze in your pay and living standards. UNISON is engaging with the NUS to ensure that local student unions are aware of the issues around the HE pay campaign.
Am I breaking my contract by taking strike action?
All effective industrial action is a breach of your contract of employment. However, UNISON has carried out a lawful statutory ballot. The law protects workers from dismissal whilst taking part in lawful industrial action at any time within 12 weeks of the start of the action and, depending on the circumstances, dismissal may also be unfair if it takes place later.
How much money will I lose?
You should expect to have an equivalent day’s salary deducted for every day that you take part in the strike. HR asks members to fill in an online form declaring that they participated in the day(s) of action and bases deductions from pay on these.
What if I am part time?
UNISON believes that any deduction must be pro-rata for part time staff. The deduction must only be for your contracted hours. Please contact your local UNISON rep if your employer attempts to deduct more than they should.
What is the law on picketing?
Peaceful picketing is entirely legal. Picketing should be carried out at or near an entrance or exit from a site at which the pickets work. When others who are not in dispute come into work or use these entrances or exits, pickets must not interfere with them.
I am not a UNISON member. Can I take part in the strike?
We would like everyone to respect the picket lines and not go into work, but if you are not a UNISON member you will not be legally covered and we will not be able to support you if the college decides to take disciplinary action against you. However, you are able to join UNISON and take part in action up to the day of the strike taking place.
What are the guidelines on picketing?
Picketing is a legal activity to peacefully persuade members not to go in to work. Pickets should wear an armband indicating they are on duty. Placards and posters should be displayed stating ‘OFFICIAL PICKET’.
Will participating in strike action affect my entitlement to statutory maternity pay (SMP)?
UNISON normally exempts women who are pregnant from taking strike action so that it does not affect their rights to appropriate state benefits.
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