Dear Colleague,

Industrial Action
30 June 2011

You will be aware that the University and College Union (UCU) have balloted in favour of taking industrial action over the proposals to change the teachers pension scheme. Industrial action will take place on 30 June 2011.

I need to assess the potential impact on service delivery and would ask that you confirm to me if you will be taking industrial action in order that I can put in place contingency plans. Clearly if classes are not going to run our customers need to be notified in advance.

I respect the right of individuals to voice their opinion through industrial action, and I assure you that you will not be victimised for doing so. I should also make it clear to non union members that any industrial action taken by you would be illegal. I set out below some points which you need to be aware of as they may impact on you personally:

• Staff taking part in industrial action will be deducted pay for breach of contract. By law, wages and salaries are worked out by the day so for a one day strike, you will have a day’s salary withheld.

• Salary deductions have an effect on pension benefits. If an employee is absent for a day because he or she is taking strike action, then that day’s pensionable service will be lost.

• In order to be paid on a day of strike action you must make yourself available for work. You must cross any picket line and undertake your duties. Failure to do so will result in the loss of a day’s pay.

• In the event of you being physically prevented from crossing a picket line (which should not happen) you should notify me/or your line manager and make them aware of the situation.

• All employees, including those who are not members of UCU, should note the requirement to clarify reasons for absence on the day action takes place. It will be assumed that any employee who is absent from work on the day of strike action is on strike, unless you have advised your manager.
• Staff not proposing to take industrial action will not normally be granted annual leave, unless this has been authorised previously.

• All sickness on the day of the industrial action will be followed up with a return to work interview. A fit note may be requested if there is reason to believe the individual has taken industrial action,

• If you fulfil the requirements of your contract you will not be in breach of contract. However, where you refuse to undertake duties that are set out in your contract you would be in breach of contract and would be subject to an appropriate deduction from your pay.

• In the unfortunate event that the centre has to close to the public due to staff shortages and you are not taking industrial action, you should make yourself available for work and turn up at the centre unless other arrangements are agreed. You would not suffer a salary deduction should the centre close and you are not taking part in the industrial action.

I hope that the above clarifies the position for you. Please discuss any issues with me directly.