Further Action: Industrial Action Short of a Strike

Created on: 06 Dec 2012 | Last modified: 14 Nov 2014

Industrial Action Short of a Strike: Further Action

Dear Colleague

I write as a follow up to my letter (dated 22 October 2012) regarding the start of EIS-ULA industrial action short of a strike which will be intensified from Monday 10 December 2012 until further notice.

The EIS has written to some Scottish HEIs to ask if they would consider, in principle, entering into talks to resolve the current dispute, all refused.

Members will be aware that most lecturers had to pay an additional 1.6% to their STSS pension contributions in April 2012, and that the Government is proposing to make another employee contribution increase in April 2013 with another in 2014.  This means our campaign for fair pay in Higher Education has even more validity.

The EIS-ULA Executive Committee met last Wednesday (28 November 2012) and decided to issue a further two actions short of a strike to members from 10 December 2012 onwards:

1. The EIS advises members on HE2000 contracts (or local variations thereof) that any additional working over and above that already covered by the agreed Activity Plan must be agreed and conditional on reasonable notice being given, having regard to the circumstances and appropriate compensatory arrangements.

This action comes directly from the current HE2000 contract which forms the basis of most academic contracts in Scottish HEIs. The EIS believes that many Universities are not following this contractual term. Members should also understand that according to HE2000 contracts, their Activity Plans should be "agreed” with their line managers and cannot be imposed.

This action should help members facing additional workload demands that they cannot meet within their normal working hours. Contractually such work must be agreed to by the employee. The University may wish to consider relieving other parts of the Activity Plan or paying extra for any additional working time.

2. The EIS advises members on HE2000 contracts not to go overseas on University business unless there is an agreement between the University and employee on all aspects of the trip.

This action comes directly from the current HE2000 contract which forms the basis of most academic contracts in Scottish HEIs. The EIS believes that many Universities are not following this contractual term.

In effect there is no contractual requirement for members to travel overseas on University business if they do not agree to do so. Issues that members may wish to consider agreeing with the University before going abroad are:

- length of stay, choice of accommodation, being given expenses in advance or having a university credit card so that expenses do not have to be paid by the member then reclaimed, payment of medical insurance for business travel, time to recover from travel, taxi/transport to airport etc

These two sanctions are in addition to those which started on 24 October 2012.

The EIS does not believe that a reasonable employer would deem members to be in breach of contract as a consequence of following the two actions short of a strike identified above.

Please do not hesitate to contact me should you have any queries.
 
Yours sincerely
 
David Belsey
National Officer
Further and Higher Education
 

p.s. We have just been informed that one of the larger Post ’92 Institutions has decided to give staff an additional non-consolidated payment of 0.5% plus £100 payable in the December salary.  It looks as though the EIS campaign has secured its first Christmas bonus.