Industrial action

The OU branch of UCU is not currently taking any of the below forms of industrial action

UCU always tries to resolve disputes through negotiation. But when that doesn’t work, industrial action may be needed as a last resort.

The industrial action you probably hear most about is going on strike. But there are other actions workers can take. Types of industrial action include:

striking
picketing
action short of a strike, for example refusing to cover for absent colleagues
marking and assessment boycotts

To take official action, UCU must get agreement from our members by holding a ballot. The ballot asks members to vote on taking specific industrial action – for example, to strike, take action short of a strike, or both.

From a member’s perspective, this means that industrial action can only take place after a formal postal ballot has been held and a notice period has been issued to employers. We would not usually ballot at a scale smaller than the whole branch, and often the whole union. This means we will only take action that our members across the OU support and have voted on, with plenty of advance notice.

The main forms of industrial action are:

Action short of a strike (ASOS)

Action short of a strike (ASOS) is normally action which affects only certain aspects of your work. ASOS might include actions like:

working to contract
not covering for absent colleagues
removing uploaded materials related to, and/or not sharing materials related to, lectures or classes that will be or have been cancelled as a result of strike action
not rescheduling lectures or classes cancelled due to strike action
not undertaking any voluntary activities; and
undertaking a marking and assessment boycott.

An employer cannot lawfully dismiss an employee for participating in ASOS where that action and the consequent breach of contract is covered by a legal industrial action ballot.

Marking and assessment boycotts (MAB)

A marking and assessment boycott (MAB) is when UCU members are asked to cease undertaking marking and associated assessment activities/duties for students/learners, whether final (i.e. graduation/completion) or interim (i.e. progression decisions).

The boycott also covers assessment-related work such as exam invigilation and the processing of marks.

At the OU, a MAB is historically defined as not undertaking TMA or EMA marking. Whether the employer has the right to reallocate alternative work depends on the specific MAB in question, and your contract. If the branch balloted on whether or not to hold a MAB we would provide more information at that time.

Strike action

Going on strike is a type of industrial action where employees refuse to work. In an official strike, employees are protected by industrial action law.

UCU only takes strike action once every other avenue of influence has been exhausted and when the democratic decision-making bodies of the union believe there is no other way to make employers change their position.

It is a very serious sanction and that is why we ask that every member observes the strike.

Employees who take part in an official strike and other industrial action have legal rights:

employers should not cause 'detriment' (less favourable treatment) to anyone who takes part in official industrial action, and
anyone who is legally classed as an employee is protected by law from unfair dismissal if they take part in official action.

If a union’s members are convinced that a strike is a necessary response then it is a powerful tool, able to force employers back to the negotiating table. UCU’s membership usually grows during strikes, because we do not (and cannot) take industrial action unless it is popularly supported by those who are directly affected.

Financial implications of industrial action

Employers do not need to pay anyone who is on strike. Employees who go on strike will not usually get their pay. If UCU calls ASOS (including a MAB) that goes beyond 'working to contract' and involves refusal to undertake particular contractual duties, such action involves members breaching their contracts of employment. An employer can deduct some or all pay in response to that breach of contract, but the amount depends upon the specific action.

Employers may offer opportunities to ‘catch up’ work after a period of industrial action in return for the reinstatement of lost pay, or equivalent. For example, an AL might mark TMA/EMAs that remain unmarked. Alternatively, employers might continue to make pension contributions and only deduct pay. This is specific to the employer, employee and the individual action, so any agreement or commitment would be published at the time.

Hardship funds

Our priority when taking industrial action is always to bring employers back to the negotiating table, and ultimately to win and to end the action as soon as possible. Industrial action is shorter and more successful when it makes a big impact on employers, which means as many members as possible need to be able to take part.

It is not legal for a union to pay someone to go on strike. This is a common misconception, however, because many unions do offer some financial support to members undertaking industrial action. This support cannot be more than the pay that they would have otherwise received. However, where loss of pay would cause hardship that meant members couldn’t afford to withdraw their labour, the union will provide financial support. We support each other, so that we can take action together.

There are two hardship funds to help support UCU members during periods of ASOS strike action; the OU Branch Hardship Fund, and the national Fighting Fund.

If you would like to donate to our Branch Hardship fund, we would be very grateful. This doesn’t make a strike more likely - if the University knows that UCU can afford to support members experiencing financial hardship, then management are less likely to walk away from the negotiating table.

Here is how you can donate:

Send an email to ucu@open.ac.uk pledging the amount you wish to donate then,
Make a payment direct to the Hardship Fund bank account:
- Sort code: 60-83-01
- Account number: 20392138
- Bank: Unity Trust Bank
- Account name: UCU the Open University LA064 Hardship fund

Alternatively, you can donate to UCU's national Fighting Fund.