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It is poorly formatted and might contain typographical aberrations as a result of being copied and pasted directly from a .pdf. Presumably, credit goes to UCEA. This disclosure is made for the purposes of: "criticism, review, or news reporting" and without any commercial intent. Thus, these disclosures ought to be understood to be conducted under the provisions of Chapter III of the CDPA.
26 April 2023
To: Heads of Institution and HR Directors. Please share with communications
colleagues as appropriate.
Dear colleagues,
With the UCU's Marking and Assessments (MAB) boycott well underway we are
providing further communications and reminding colleagues of the available materials.
UCU's new Marking and assessment boycott 2023 page now includes campaign
resources and new FAQs. UCU's 'we have your back' campaign focuses on students
and social/local media and is reacting to HE institutions' pay deductions as employers
prioritise mitigations to support students. UCU’s campaign includes ‘Ask your MP to put
pressure on university vice-chancellors’ letter templates and there are also templates for
MPs - https://twitter.com/ucu/status/1650921210472022022?
s=12&t=5aoywn6ey0gkPMRngGHkzw - both in reaction to MAB pay deductions.
UCU's HEC will meet on Friday 28 April to consider their recent special conference
outcomes.
UCEA communications materials
Members are encouraged to communicate regularly with staff and students and are
reminded that UCEA's 2023-24 pay round communications materials page hosts
adaptable messages, and these now include the new and updated:
UCEA '3 in 3' key messages for UCU MAB
UCEA student communication for HEIs
Draft letter in response to MPs.
Members are also reminded that UCEA's most recent statement, HE institutions have a
duty to protect their students during the MAB is for HE institutions to use in reaction to
UCU's unfair claim that HE employers withholding pay for not fulfilling contracts are
simply "threats" that are "aimed at intimidating". HE institutions have a duty to protect
their students and so they reject partial performance and - as UCU knows - they are
legally entitled to withhold full pay for partial performance of duties such as MAB.
UCEA IA/MAB HR guidance and QAs
UCEA's industrial action/MAB guidance, includes specific guidance for withholding pay
for staff participating in the MAB, and includes the legal position and FAQs. Members
are reminded that the guidance is updated regularly and is confidential and should only
be made available to senior HR and other managers. The guidance includes
suggestions on how to identify whether staff are participating in the boycott.
For media enquiries and communications support please contact
or . If you have any
HR specific questions, please contact the Employment Policy and Advice team –
ia@ucea.ac.uk
Kind regards,
UCEA ‘3 in 3’ communications for HEIs facing MAB – April 2023
This briefing aims to assist the member HE institutions facing UCU’s Marking and Assessment
Boycott (MAB) over the 2023-24 New JNCHES pay uplift. This material is designed to keep
communications focused, factual and consistent for staff, student and media queries to help ensure
consistency of messaging across the 143 HEIs and UCEA.
UCEA provides responses and proactive news releases to national media queries, most of which are
publicly accessible in the news release section of our website and members are encouraged to
respond to media if targeted, usually by regional news outlets. The UCEA infographics – updated
regularly and driven by members’ requirements and feedback - are developed for members’ use and
are openly accessible to all on the UCEA website.
Members may wish to use and tailor the latest key messages as appropriate for their HEI and as
necessary to deal with issues most relevant to individual institutions. This ‘3 in 3’ material (3 minutes
to relay 3 messages) may be of particular use to HEIs’ spokespeople. Please adapt these selected
messages accordingly or develop your own messages consistent with the collective employers’
position.
• The uplift of up to 8 percent, with a minimum of 5 percent for anyone earning between
£31,000 - £65,000, is the highest HE pay offer made in nearly 20 years. We have supported
our colleagues on the lower pay points as they are struggling most under inflationary
pressures. To support them through the current cost of living pressures, all staff received part
of this uplift six months early. We remain committed to this next implementation, from August,
despite UCU’s ongoing MAB. But UCU must be honest with its members - that there is no
possibility of a new or revised pay uplift for the 2023-24 pay round or any re-opening of the
22-23 round. Despite ongoing financial pressures, this pay award is comparable to
settlements in the wider economy.
• We are withholding pay for not fulfilling contracts. This is a fact, not a ‘threat’, as labelled by
UCU. Our policies on withholding pay are the opposite: clear and factual, communicated to
staff, and aimed at protecting students. We have a duty to protect students and we are legally
entitled to withhold full pay for partial performance of duties such as MAB. We respect
employees’ right to take lawful industrial action and, in turn, UCU needs to respect the
employers' right to withhold pay for not fulfilling contracts.
• We understand that only a small minority of UCU members will take strike action or
participate in the MAB across this academic year. UCU should be fair and transparent and
explain to those of its members taking IA and MAB that their IA pay deductions will be well in
excess of the 2023-24 uplift. UCU’s MAB is most unfair, particularly when students have
already had their studies disrupted by the pandemic, and in some cases, UCU’s IA. It is
disappointing for the sector that UCU is once again encouraging its members to take IA which
targets those students who are looking to completing their studies. It would be far more
constructive for UCU to call off isolated MAB and engage in the agreed non-pay related ToR.
UCEA student communication for HEIs
How are pay rises set for staff at this institution?
This higher education institution (HEI) takes part in collective bargaining to agree pay
increase for our staff. We participate in a process alongside approximately 150 other
universities and institutions. On our behalf, the Universities and Colleges Employers’
Association (UCEA) negotiates with five trade unions: UCU, UNISON, Unite, EIS and GMB.
Although the unions represent less than one in three staff in the sector, the collective pay
negotiations set the pay rise for the majority of staff in HEIs.
UCEA and the trade unions attended negotiations between December 2022 and February
2023 in an attempt to reach agreement on an ‘early’ pay uplift for the 2023 – 24 academic
year. This was followed by extensive talks during March 2023 which were facilitated by
Acas. HE employers were clear that the pay uplift was at the limits of affordability across all
145 HE institutions. Despite agreement being reached through Acas for Terms of Reference
for more talks to take place on non-pay matters, in an online ballot UCU’s members rejected
them. Just over 32,000 of UCU’s 70,000 members voted and 56% of the votes were to reject
the terms of reference.
UCU’s Higher Education Committee, then pressed ahead with the Marking and assessment
boycott (MAB) from 20 April.
HE institutions have a duty to protect their students during the MAB. UCU, through its HEC,
continues to try and push its members to disrupt students at this important time during the
academic year. HE institutions have a duty to protect their students and so they reject partial
performance and - as UCU knows - they are legally entitled to withhold full pay for partial
performance of duties such as MAB.
Why is there a dispute?
Pay
• The trade unions want a 15.8% pay rise*
• [English HEIs] With UK undergraduate tuition fees frozen at £9,250 since 2017, inflation
has significantly eroded the funding per student and many HEIs are operating with very
tight margins or are already in deficit.
• [Other nations] With government tuition funding for home students not increasing to
match inflation in recent years, many HEIs are operating with very tight margins or are
already in deficit.
• Despite the financial challenges for HEIs, to support staff struggling with cost of living
pressures, UCEA brought forward the 2023-24 pay negotiations.
• The pay award implemented by employers ranges from 5% up to 8%, with the higher
percentages going to those staff on the lowest salaries. A majority of staff also receive
an increment pay rise of 2-3% as they move up the pay spine.
• UCEA has also offered to work with the unions to review the pay spine with a view to
doing more to support staff on lower salaries. In recent years percentage increases at
the bottom of the pay spine have been higher for this reason.
• In addition, this HEI implemented almost half of the 2023-24 pay rise six months early in
February 2023 to help staff with cost of living pressures.
• These levels of uplift are comparable to those in the wider economy, in which the median
pay settlement has been 5% since the autumn**
Non-pay matters
• UCEA has also offered to work with the unions to address their concerns regarding
workloads to agree principles to relieve the pressure on staff.
• We know that the unions are also concerned about the use of some of the employment
contracts in the sector which are not indefinite. Where such contracts are used, this is
largely linked to the external funding to support those posts, which is generally fixed term
in nature. Most HEIs have taken steps to give staff greater job security and UCEA and
this HEI is committed to working with the unions to see if more can be done.
• We recognise that gender, ethnicity and disability pay gaps exist in many HEIs, despite
concerted attempts to reduce them. We support UCEA’s commitment to work with the
unions to understand the causes of these gaps, the contexts facing different HEIs, and
developing ways to reduce these gaps.
• The employers and unions, supported by the conciliation service Acas, agreed terms of
reference for talks to address all of these issues.
* Retail Price Index (RPI) + 2% [RPI at March 2023 was 13.5%]
** Pay Climate, Incomes Data Research, February 2023
This HEI’s response to the MAB:
UCU’s plans to target students with a marking and assessment boycott is most unfair,
particularly when students have already had their studies disrupted by the pandemic, and in
some cases, UCU’s industrial action. At this HEI only a small number of UCU members are
expected to take action in isolated subject areas.
It is disappointing for this University/Institution that UCU is once again trying to take
industrial action which targets those students who are looking to completing their studies
after the pandemic’s disruptions. It would be far more constructive for UCU to call off its
plans for further industrial action and engage in the joint work proposed on behalf of the
employers to address items presented in their joint pay claim.
The approach being taken by this University/Institution regarding withholding pay for action
short of strike constituting breach of contract and partial performance is entirely consistent
with legal rights under established case law. Our position for those UCU members who are
taking part in the marking and assessment boycott is that this University/Institution withholds
50/100%/other of salary for this partial performance.
xxx
Member of Parliament for xxx
House of Commons
Westminster
London SW1A 0AA
By email
Dear xxx,
UCU’s ongoing industrial action in the Higher Education sector
Thank you for contacting me in relation to the current dispute and linked industrial action by the five
sector trade unions EIS, GMB, UNISON, Unite and specifically the University and College Union
(UCU) over pay and working conditions in the higher education sector.
Our partnership with the sector’s trade unions is something which this University/Institution values
highly and it is a matter of genuine regret that the sector is in dispute with them. The Universities
and Colleges Employers Association (UCEA) negotiates the pay uplift annually with the sector
unions through the New Joint Negotiating Committee for Higher Education Staff (New JNCHES) on
behalf of this University/Institution. Each year we are asked by UCEA to choose whether we wish to
participate in collective pay negotiations through New JNCHES. This University/Institution has taken
part in recent New JNCHES pay rounds including for 2022-23 and 2023-24. UCEA represents 145
higher education institutions (HEIs) across the UK in collective pay rounds, covering approximately
325,000 members of staff.
UCU’s Marking and Assessment Boycott
It is disheartening that UCU, through its HEC and its local branches, continues to try and push its
members to disrupt students at this University/Institution. UCU’s prolonged industrial action has
been isolated and low impact at this University/Institution, so it is disappointing that UCU is now
attempting a Marking and Assessment Boycott (MAB) at this important time for students during the
academic year.
It is not accurate to describe HE employers, including this University/Institution, withholding pay for
not fulfilling contracts as "threats" that are "aimed at intimidating". Our policies on withholding pay
are the opposite: clear and factual, communicated to our staff, and aimed at protecting our
students. This and all other HE institutions have a duty to protect students and so we reject partial
performance and - as UCU knows - we are legally entitled to withhold full pay for partial
performance of duties such as MAB.
This University/Institution respects our highly regarded employees’ right to take lawful industrial
action and, in turn, UCU needs to respect this University’s/Institution's right to withhold pay for not
fulfilling contracts. As an autonomous University/Institution we are fully focused on managing this
period of potential disruption as best as we can for our students. We are disappointed that UCU is
encouraging its members to target our students.
We believe that UCU should be honest with its members about the fact that there is no possibility of
new or revised pay offers from the employers represented by UCEA in either the 2022-23 or 2023-
24 pay rounds. As a national collective, employers have looked after staff as best we can with an
early pay uplift for 2023-24 that will be the highest in nearly 20 years of collective HE pay
negotiations. Both HE employers and the sector trade unions wanted to reach an agreement and
end the ongoing dispute. During March UCEA met with the trade unions in Acas facilitated talks
which led to mutually agreed Terms of Reference to enable talks to continue upon ‘non-pay items’.
Despite UCU’s negotiators agreeing to these terms of reference, it was very disappointing that
2
UCU’s Higher Education Committee (HEC) recommended their rejection to the UCU membership.
While UCU’s national membership in HE followed the HEC recommendation, it should be noted that
only 32,000 members out of some 70,000 actually voted. Of these votes cast, only 56% followed the
HEC recommendation to reject. UCU’s HEC made the decision to proceed with a marking and
assessment boycott at a national level which, even if only supported by a small proportion of
academic staff at this and other institutions, could be very damaging to students.
Despite the financial pressures facing this University/Institution and the wider sector, this year’s pay
award is comparable to settlements in the wider economy. Most HE institutions continue to face
considerable financial uncertainty, with many posting deficits. In England ‘Home’ student tuition fees
have been frozen until at least 2025, whilst funding settlements from the Welsh and Scottish
Governments for 2023-24 are an effective cut. Many HE institutions, including this
University/Institution are also looking at substantial increases in employer contributions in the
Teachers’ Pension Scheme next financial year.
I trust you will recognise that this and other HE employers have tried to be constructive in navigating
a challenging environment of unusually high inflation and extremely stretched institutional finances.
We hope that UCU and the other sector trade unions will continue to consider their positions, not
least given that the pay uplift is comparable to those in other sectors of the economy and strike
action harms students and all stakeholders in HE.
Yours sincerely,
Vice-Chancellor/Principal
University of xxx
Our members have explained that they suffer from information overload and request more ‘3 in 3’
material (3 minutes to relay 3 messages) during this demanding time. Please adapt these selected
messages below to your individual situation, or develop messages consistent with the collective
employers’ position.
‘3 in 3’ positive and proactive key messages: pay offer
• We understand the inflationary pressures facing staff. Many employers are struggling to
make pay rises which can help staff with their cost of living challenges. We are committed
to sustaining a competitive total reward package which is why we supported last year’s
fair and affordable outcome in summer 2022.
• Despite unprecedented financial pressures faced by this institution, we are committed to
implementing a proportion of this award as soon as possible. This is six months early as a
direct response to current cost of living concerns facing our staff coping with financial
pressures, no HEI could offer a pay award that would get close to current levels of
inflation.
• The offer means that all staff earning £50k or below will receive a minimum uplift of 5%.
The lowest paid staff will receive up to 7%. This would be in addition to any incremental
progression due to individual members of staff. This is typically worth 3% in addition to the
base pay uplift.
‘3 in 3’ positive and proactive key messages: pay uncertainties
• We fully support the targeting of higher increases to our colleagues on lower pay as we
are committed to the Voluntary Living Wage. We followed UCEA’s advice and
implemented the pay uplift that was due from 1 August 2022 – it was unfair for our
dedicated colleagues to wait to receive their much-deserved increases.
• In line with most HEIs we face unprecedented financial uncertainty, driven by the
unprecedented cost rises impacting employers, HE funding uncertainties and sizeable
increases in employers’ pension contributions. OR
• In line with some HEIs we have managed to make a separate one-off non consolidated
pay uplift to staff facing such cost of living challenges this winter. This has been despite
the unprecedented financial uncertainty, driven by the unprecedented cost rises impacting
employers, HE funding uncertainties and sizeable increases in employers’ pension
contributions.
4
• In 2021, 43 HEIs posted deficits and the accounts expect this to increase in 2022. Much of
this is down to the freeze on home tuition fees until at least 2025 with costs increasing and
the potential disruption of international students.
‘3 in 3’ positive and proactive key messages: job security, ‘non pay’ issues, students -
following the conclusion of the negotiations relating to the pay award for 2023-24, UCEA will then
begin negotiations over the additional pending non-pay items submitted by the Unions’ joint claim for
2023-24 in line with the jointly agreed process.
• This HEI has shown careful financial management to minimise the impact on jobs. The
sector achieved a substantially lower rate of redundancies than was the concern during
the pandemic, especially when compared to redundancy rates in the wider economy. We
are proud of our rate of job security during such testing times but a carefully considered
JNCHES pay outcome was key to this.
• This HEI fully supported the final pay outcome’s inclusion of important joint work
proposals with the trade unions. While UCEA cannot enter into binding agreements
relating to our specific workforce policy and practice, we support proposals to analyse
data and develop action plans to address gender, ethnicity and disability pay gaps and
related issues. This also includes proposals, for exploration of important issues relating to
Graduate Teaching Assistants, redeployment workload management and career
development.
• We are disappointed that UCU is encouraging its members to take action which aims to
impact students and their learning. In the UCU reballot for IA targeting students beyond
April this year their members deserve to be informed that voting ‘no’ could actually have
the reciprocal effect. Social media signals that many members are choosing not to support
18 days of IA and choosing not to vote in a reballot.
‘3 in 3’ positive and proactive key messages: pay rounds, inflation and UCU IA
• This HEI understands the unprecedented inflationary pressures facing staff. The 2022-23
pay round included an uplift of up to 9% for those on the lowest points of the pay spine.
Inflation levels have risen since, but these huge cost rises have impacted running this HEI
too.
• This HEI is carefully considering its financial challenges and fully supports UCEA’s
consistent message that it is not re-opening the concluded 2022-23 pay round and has
brought forward the New JNCHES 2023-24 pay negotiations for an uplift to be available
six-months earlier than usual. This follows sector discussions across autumn 2022 in
response to cost-of-living concerns.
• This HEI urges UCU to provide its members with a realistic and fair assessment of what is
achievable, before giving them the chance to accept or refuse the highest HE pay offer
made since the 2006-2008 pay round. UCU should be fair and transparent and explain to
their members that may take part in IA for pay, that any pay deductions for striking will be
over a closed pay outcome.