Tactics:

The Director of HR’s email contains phrases such “the withholding of pay is without prejudice to any other right or remedy of the University, including any claim for damages for breach of contract”. This sounds scary, but is actually a pretty standard HR line which has appeared in previous emails of the same kind. It is designed to intimidate members. However, be assured that it is perfectly normal to refer to taking industrial action as a potential “breach of contract” – it’s basically the point! When industrial action is properly called (as ours has been) we are protected in taking that industrial action. UCU has conducted very close legal scrutiny at every stage of this dispute: the action is properly called, based on a legal ballot. See [here] for more detail on your rights, and the USS Action FAQ:

22. Am I in breach of my contract if I go on strike?

Yes, all industrial action is a potential breach of contract. However, UCU has carried out a legal ballot and the action has been formally called, the law protects workers from dismissal whilst taking part in lawful industrial action or 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. This kind of dismissal has never happened in higher education.

If the university was to sue for breach of contract it would have to prove its financial loss. As the only loss in these cases is usually the value of the work (for which the employers will be deducting wages), the loss equals nothing. In the incredibly rare case where loss was the result of something not done, if our employers sued they could look forward to no one ever wanting to apply for a job at Leeds ever again. Reputational damage is a significant risk to any employer considering this, and it is what means employers just don’t do it.

Practical thinking:

The action our union has called clearly includes working to contract, and not rescheduling classes of teaching activity (as above). For a moment, let’s put to one side the insulting suggestion that trade union members participating in properly called industrial action on the basis of a legal ballot are somehow at odds with concepts of professionalism for defending their professional sector and thereby the education it facilitates. There are some questions to explore around the actual practicalities of management’s assertion that teaching activity missed due to strike action ought to be rearranged.

Those of us who have even a passing familiarity with the timetabling and room bookings systems know that rescheduling would not be simple, even if we were to agree to do it (noting, again, that our mandate is that we do not reschedule). We have already heard of at least one department where the decision has been taken that rescheduling classes cancelled during the strike would be impractical, so it’s not happening. So there is a marked difference emerging between the official line in the Deputy Vice Chancellor’s email and the reality of what other managers have decided to do on the ground.

With some of the workloads members are reporting, rescheduling could indeed take almost the full working week with only passing capacity to walk between teaching venues / check emails. Of course, our action entails not rescheduling.

  Our task now is to focus on defending our pensions. 

We must prevent the USS scheme from becoming decimated further still for new and future entrants to USS. We need to stick together: all members are asked to observe the action to the fullest extent, particularly with respect to striking and refusing to reschedule. As the FAQ makes clear, this is part of the ASOS that applies at every level, including Heads of Department.