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Interim on-line Congress, 28-30 October 2020

NEC report to Congress

This report is set out in sections corresponding to the NEC’s sub-committees. These

reports were issued earlier in the year as branch circulars UCU/1008 and UCU/1008A.

1 Strategy and finance committee (page 2)

2 Higher education committee (page 10)

3 Further education committee (page 22)

4 Education committee (page 33)

5 Equality committee (page 36)

6 Recruitment, organising and campaigning committee (page 42)

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Section 1: Report of the strategy and finance committee (SFC)

1 Priorities for 2019-2020

1.1 The following table of priorities was agreed by SFC in its strategic role and

approved by the NEC for work over the year to Congress 2020.

1.2 The priority setting process has been in operation since 2015 and is intended to:

improve accountability to Congress and members by making the setting of

priorities more transparent,

review and align priorities in the light of Congress policy and work plans

within the office; and

ensure that the union’s resources and activities are focussed on key

strategic objectives.

Priority Action

FIGHT FOR MEMBERS

Fight all forms of

casualisation; bargain

better to improve pay

and conditions; protect

our ability to take

industrial action in

defence of members

incorporate anti-casualisation and equality more

effectively into national and workplace bargaining

improve branch coordination in support of national

bargaining

win industrial action ballots using Get the Vote Out

defend members’ pensions and improve access and

benefits for all staff

defend all members subjected to victimisation for trade

union activities

confront harassment, discrimination, managerialism,

excessive workloads and bullying and their effects on

members’ mental health

resist the negative effects of Brexit on staff, students and

funding

oppose racist attacks on migrants and asylum seekers

CAMPAIGN AND

INFLUENCE

Transform the union

into a force for positive

change by ensuring

that our policy

development, publicity,

lobbying and

campaigning convey

our commitment to a

properly funded and

inclusive tertiary

education sector

campaign for an effective response to the climate

emergency and for ‘just transition’ to green jobs for

workers

make the case with allies for free access to post-16

education and against privatisation

build on the ‘FE Transforms’ campaign; promote the

value of ACE and prison education

campaign for and defend academic freedom

campaign for the ending of the gender pay gap

oppose all forms of racism, violence and discrimination,

including gender-based violence, sexual harassment and

transphobia

use our international work to defend education workers

worldwide

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Priority Action

ACTIVATE AND

INVOLVE

Stimulate and create

new avenues for active

member engagement in

the union’s democratic

structures and policy

development

implement the recommendations of the Democracy

Commission as agreed by Congress

find new ways to involve members, including members on

casualised contracts, by providing opportunities for them

to contribute their expertise and experience to the work

of the union and by improving facilities time for union

representatives

make it easier for members to access union services and

to understand their entitlements

ensure the responsiveness of UCU legal services for

members affected by Brexit, racism or other forms of

discrimination and for migrant members

encourage participation in elections at all levels, including

for all equality strands

ensure that all UCU representative structures are

productive, representative and accountable to members

GROW IN STRENGTH

Use progress in these

areas to increase

recruitment and

retention of members

and to transform the

union

make better use of technologies such as mobile apps and

social media to improve two-way communication with

members

increase recruitment, retention and activism of all

equality strands at all levels in the union

improve the coordination of equality casework, gathering

data to inform this work

ensure a sufficient number of trained and active UCU

reps, including equality reps

continue the move to a fairer subscription system to

increase membership among lower-paid and casualised

staff in all sectors

expand services to members to include new resources,

e.g., to enable members to report workload problems

and harassment

recruit and support members working in academic-

related, professional services

DEPLOY RESOURCES TO

DELIVER

Focus our resources

more effectively to

support these priorities,

including as they apply

in the devolved nations

and English regions

maintain close control of union finances and building of

assets and contingency funds

further focus resources on frontline support for members

and branches involved in industrial action

ensure that union structures take full account of national

and regional devolution policies

strive to ensure that our union reflects the diversity of

our membership in all areas of our work, including in our

union structures at all levels

support UCU staff development to improve member

services

invest in the new technologies needed to improve

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Priority Action

communications with members and the union’s

effectiveness overall

resource national committees to mobilise their

constituencies

2 Strategic overview

2.1 The committee keeps a strategic overview of the work of the union. It receives

reports from the general secretary on the overall industrial picture, demands on

the union’s resources, work with other unions and the TUC, in the political

arena, including in the devolved nations, and on the general secretary’s

activities undertaken on behalf of the union.

2.2 Implementing the union’s Get the Vote Out strategy has continued to be a key

strategic focus, to which substantial national, regional and local resources

continue to be devoted. As a result the union has delivered the best ever

national pay ballot results in higher education, along with significant local ballot

results in both FE and HE. At the time of writing a ballot across FE in Wales is

taking place over workload. There has been and continues to be an additional

focus on social media and communications, including via a text service, which is

helping to further drive up turn-out.

2.3 A general election took place on 12 December 2019. UCU convened a meeting to

coordinate work with other education unions and the NUS. In a significant piece

of work with NUS, UCU worked hard to encourage student voter registration. On

its key FE and HE priorities, UCU lobbied effectively, seeing these feature in

Labour’s manifesto (such as ending casualisation in HE, and increasing funding

for skills education in FE).

2.4 Building on this positive relationship, UCU currently has good support from

Labour in parliament for the current national HE disputes, and from the NUS.

2.5 The UK is no longer a member of the EU and UCU will continue to do whatever it

can to protect its members through the uncertainties and developments of the

coming months and years. UCU has also engaged with the Department of

Education on funding, in particular post-Brexit FE funding. A successful inaugural

migrant members’ conference was held on 27 February 2020 and the migrant

members standing committee has now been established to ensure these

members’ interests are taken forward.

2.6 The committee receives regular reports on the union’s membership figures, and

an annual report on participation in Congress. The committee oversees the

implementation of Congress resolutions allocated to it by the NEC, a report on

which appears in section 7.

3 Finance and property

3.1 The committee receives regular accounts and updates from the Honorary

Treasurer in order to keep a good overview of the union’s finances. The

committee monitors the expenditure agreed by Congress in the budget against

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its agreed priorities. SFC continues to emphasise the need to build and protect

UCU reserves against future demand and turbulence.

3.2 SFC also carefully monitors the effects of other decisions of Congress that

require additional resources. All such decisions, are then reflected in the budget

2020-21 that SFC is recommending, via the NEC, to Congress 2020.

3.3 The demands on the fighting fund as a result of the large HE disputes have been

significant. Management and replenishment of the fund has been considered by

a special meeting of the NEC, and further updates to SFC. UCU remains

committed to this aspect of its industrial strength.

3.4 Congress 2018 agreed that a review of subscriptions should be carried out with

the aim of creating a fair and then progressive subscription structure. The

subscription rate changes recommended by the committee to the NEC (to be put

to Congress 2020) reflect a further stage in the implementation of our five year

plan, prioritising the affordability of union membership for those in the lowest

income brackets.

3.5 Related to this, the committee has received a paper looking at the effect of the

standard free membership offer, and will keep this under review in the coming

year.

4 TUC

4.1 TUC Congress was held in Brighton from 9-12 September 2019. UCU submitted

two motions, on the climate crisis and real jobs and apprenticeships. Both

motions were passed. Jo Grady was elected to the General Council.

4.2 UCU’s amendments to motions on sexual harassment and collectivism in

education, were accepted and passed. Members of the delegation spoke to a

number of other motions and attended and spoke at different fringe events

throughout the week.

4.3 The full text of motions passed is available at https://www.tuc.org.uk/key-

documents-congress-2019

5 European and international work

5.1 UCU’s European and international work covers both solidarity and education

policy issues. This work is overseen by the International Working Group, which

held two meetings in 2019-20.

5.2 On Palestine, UCU continued to co-host the Friends of Bir Zeit University (Fobzu)

education, occupation and liberation programme, while in October UCU

participated in the Palestine Solidarity Campaign trade union conference.

5.3 In February, the UCU President participated in the fourth Justice for Colombia

(JfC) peace monitor delegation to Colombia, which seeks to monitor the

advances and challenges for the implementation of the Final Peace Agreement

with a particular trade union and human rights focus.

5.4 Throughout the year UCU has promoted solidarity actions in support of educators

at risk in places such as Turkey, Brazil, Egypt, India, Iraq, Hong Kong and the

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Philippines and challenged the UK government’s foreign policy in a number of

areas, including DfID’s role in privatising education around the world.

5.5 UCU remains an active participant in our global union federation, Education

International (EI) and its European region, the ETUCE.

5.6 In July, UCU participated in the 8th EI World Congress in Bangkok, with over

1400 participants from across the globe discussing the theme of ‘Educators and

their unions taking the lead’. UCU’s resolution on Technical and Vocational

Education and Training was supported by the EI Congress and UCU

representatives spoke in a number of debates and sessions, including on

academic freedom and union renewal.

5.7 UCU remains an active participant in the ETUCE project entitled ‘YOUR TURN!

Teachers for Trade Union Renewal’ which focuses on strategies to renew union

organisation in response to developments such as work intensification and

privatisation. The Transforming UCU workplace leaders programme has featured

as a regular case study in the project.

6 Rules and standing orders

6.1 Implementation of rule changes passed at Congress 2019 has seen the election

of the first two NEC representatives of migrant members, and the first migrant

members’ conference was held on 27 February 2020. The migrant members’

standing committee will report to the NEC’s equality sub-committee.

6.2 The democracy commission presented its final report to a special Congress

meeting on 7 December 2019. The committee has overseen progress to

implement the motions that were passed, and action on these motions is

included in section 7 below.

6.3 The committee has recommended minor rule changes be put to Congress 2020

by the NEC.

7 Action on Congress and special Congress motions 2019

7.1 Motion 11, The Stansted 15, called for a message of solidarity and a donation

to the trial fund of the ‘Stansted 15’ who prevented a flight to remove asylum

seekers and other migrants from taking off. This was done.

7.2 Motion 45, Financial training and support for organising, was considered by

SFC’s sister committee ROCC. It called for a training course to focus on

recruitment, GTVO and industrial action, and funds to regional offices for

training and GTVO support including telephone banking. At time of writing a

one-day course encompassing the brief within the motion is being trialled.

Regional offices continue to coordinate training needs, and support branches

through GTVO including through training. During recent industrial action

balloting, additional staffing resources were agreed at regional and head office

level to support the largest phone banking operation in UCU’s history.

7.3 Motions 53-56 relate to the appointment of auditors, receiving annual accounts

and approving the budget and subscription rates for the current year. These

motions were implemented; see section 3 above.

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7.4 Motion 57, Repayment of incurred expenses, called for head office help to

purchase travel documents and accommodation, and the reimbursement of

claimed expenses within 28 days. NEC and other national committee members

have travel and accommodation booked for them whenever they request this.

Accommodation for conferences and Congress is booked and paid for centrally

for delegates. Further expansion of travel bookings requires more staff resource

to be identified but all members are assisted as far as possible if they contact

head office.

7.5 Motion 58, Efficient data management, called for specific reports and

information to be available in and from the membership database. A major

project to replace the current database platform is ongoing and this motion has

fed into that process. A focus group of branch membership contacts will be held

in March 2020 to gain further feedback.

7.6 Motion 59, Protecting employment rights and Brexit, called for UCU to defend

employment and equality rights and support members who are EU citizens, and

to continue its work opposing racism and xenophobia, and called for a national

day of action to defend EU nationals. The general secretary wrote to the prime

minister on the issue of the rights of EU nationals. UCU has continued to provide

support to members who are EU nationals via a specialist legal firm. The TUC’s

Brexit campaign focuses on workers’ rights and the rights of EU citizens in the

UK. UCU’s continued work opposing racism and xenophobia is included in the

equality committee report.

7.7 Motion L1, Membership of Alternative for Germany, called for continued

campaigning against far-right organisations and for UCU’s rules to be

strengthened in respect of refusal of membership or expulsion from UCU of

members of far-right organisations. UCU has been advised that its current rule

6.1.1 is sufficient to cover Alternative for Germany; minor tidying up of the rule

has been considered by the committee.

7.8 Motion 60, International campaigns and solidarity work, called on UCU to build

and continue its international solidarity work include through Education

International (EI), the TUC and Amnesty international, and to include in this the

fight for the rights of disabled people internationally. See paragraphs 5.1-5.7

above. UCU responded to UNESCO’s inquiry on disability inclusion.

7.9 Motion 61, Solidarity with Brazil: fighting the far right, called for work with

broad-based groups to support the Brazilian people in defending democracy,

human rights and social progress, support networks in UK universities for

Brazilian academics, and invite Brazilian academics to speak at events. UCU

supported the Brazil Solidarity Initiative meeting and an urgent resolution at the

EI World Congress. In December, UCU donated to and publicised the Scholars

for Academic Freedom in Brazil campaign.

7.10 Motion 62, UCU support for Sudanese protests, called on the NEC to meet

Sudanese trade unionists, write to the UK government, and demand an

immediate end to military sales to groups in Sudan responsible for human rights

abuses. UCU wrote to the UK foreign office in respect of military sales, and to

the Sudanese Embassy about the disappearance of the president of the

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Sudanese Teachers’ Committee. UCU met with the Sudanese Professionals

Association (SPA) in July and has publicised their work.

7.11 Motion 63, Fairtrade, called on UCU to serve Fairtrade tea and coffee where

possible and to ask the Fairtrade Foundation to deliver a presentation to

Congress 2020. UCU provides Fairtrade tea and coffee at its head office and at

external events wherever possible – coffee served at Congress 2019 was

Fairtrade (tea was Rainforest Alliance certified). The Fairtrade Foundation have

been invited to have a stall at Congress 2020.

7.12 Motion 64, Stop Trump, called for UCU to oppose any state visit by Donald

Trump and support broad-based protests. UCU supported the July 2019 protests

against Trump’s visit.

7.13 Motion 65, Venezuela, called on UCU to campaign against US intervention in

Venezuela and to affiliate to the Venezuela Solidarity Campaign. UCU continues

to be affiliated to the Venezuela Solidarity Campaign and supports its campaign

against US-led ‘regime change’.

7.14 Motion 67, Breach of human rights, called for the initiation of a ‘Civil Crimes

Tribunal’ to investigate how austerity policies have breached conventions on

human rights, and to gather materials and attribute blame. As explained

verbally to Congress 2019, UCU does not have the means to set up a civil crimes

tribunal, but the motion has been brought to the attention of the TUC and the

Trade Union Co-ordinating Group (TUCG).

7.15 Motion L2, Support Feyzi Ismail’s claim for permanency, demanded that the

members’ grievance against SOAS be heard and a full-time contract sought.

Substantial support and legal advice has been given to the member.

7.16 Motion 68, Monitoring of electronic communication, called for greater

transparency in respect of third party electronic monitoring systems such as

ESafe and for an investigation of their legality. Branches have been given advice

and support in resisting the misuse of ESafe and UCU will continue to challenge

all reported cases of misuse.

7.17 Motion 69, Use of non-disclosure agreements in HE/FE, and motion 70,

Discrimination against workers and the use of non-disclosure agreements, called

for UCU to make an annual FoI request in respect of non-disclosure agreements

(NDAs), including the cumulative amount paid out; to oppose their use and

gather information about their use in race discrimination cases. UCU is lobbying

the government against the use of NDAs in harassment and discrimination

cases. UCU’s amendment calling for the outlawing of the misuse of NDAs was

passed at the TUC Congress. There will be further guidance for branches and

caseworkers was identified by the committee as a priority. A session on NDAs is

expected to take place at the equality reps conference in April.

7.18 Motion 76, Interim report of the democracy commission, included two

recommendations for action. Firstly, in respect of making Congress and sector

conference policy searchable, including progress on implementation, a database

solution has now been identified and it is intended that this will be launched

shortly after Congress 2020, for members to access via the website.

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Secondly, the NEC’s standing orders were updated in November 2019 in line

with the commission’s recommendation that NEC members be able to present

discussion papers.

7.19 Motions 77 and 83-85, all rule changes, have all been incorporated into the

current rule book and acted on as appropriate.

7.20 Motions 71-75 were remitted due to lack of time. Where a remitted motion is

already existing policy, it can be implemented where possible within existing

work plans; it is not implemented where this would create substantial new

policy.

7.21 Motion 71 (remitted), Electronic voting, called for the introduction of electronic

voting at Congress and the sector conferences. It was an issue discussed in the

report of the democracy commission. The commission did not produce a

recommendation; motions from branches on this issue were not reached for

debate at the Special Congress.

7.22 Motion 72 (remitted), Members’ online conduct, condemned hostility in election

and activism discourse and focussed on the members’ responsibility to engage in

comradely manner, and called for hostile on-line posts and platforms in respect

of members and election candidates to be removed. This can be considered

when guidance on NEC elections is next considered.

7.23 Motion 73 (remitted), Workload, health and safety campaigns, and motion 74

(remitted), Campaigning to stop unreasonable workloads, fall largely within

existing policy and within the matters being progressed by the stress and

bullying working group.

7.24 Motion 75 (remitted), Corbyn, Labour and the general election, called for

meetings about charges of anti-semitism in the Labour party, support for

Palestine and opposition to Zionism, and a call for an immediate general

election. This motion was not pursued.

Action on motions from special Congress – Democracy commission, 7

December 2019

7.25 Motion 1 added a new rule and related amendments to clarify that the GS shall

act in accordance with the NEC’s instructions. The rule book has been updated.

7.26 Motion 3 called for the original wording of the democracy commission’s report

to be re-instated, where the NEC had redacted a phrase following its

consideration of legal commentary. This phrase has been reinstated in the report

as it appears on UCU’s website.

7.27 Motions 4, 13 and 14 amended the Congress standing orders. These

amendments have been made and are now in force (intended to clarify that

criticism of the GS at Congress may be legitimate; to set out circumstances

under which Congress may be curtailed; to set out a process for electing an

alternative chair if required).

7.28 Motion 6 added a new rule to state that no-one who has served three

consecutive terms is eligible to serve again as general secretary except after an

interval of one year or more. The rule book has been updated.

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7.29 Motion 8 called for role descriptions for the union’s officers to be agreed and for

these to be made available to members. Work on these has begun and it is

hoped that the committee will be able to consider drafts in September 2020.

7.30 Motion 9 called for a system of regularly reporting the activities carried out by

the general secretary, president and vice presidents on behalf of UCU. A pro-

forma is being developed and it is hoped that a system can be implemented

soon.

7.31 Motions 12 and 15 require negotiation with the staff union, and these topics

will be included in a future JNC meeting (the creation of a ‘scrutiny panel’ to

determine the recruitment, appointment and remuneration of senior officials,

and a process for negotiation with staff, if needed, during the course of

Congress).

7.32 Motion 17 adopted the commission’s final report and required no further action,

all recommendations being dealt with in separate motions.

Section 2: Report of the Higher Education Committee (HEC)

1 Introduction

1.1 This section of the annual report deals with the work of the union within the

higher education sector. In the space available, it is only possible to give an

overview of the enormous amount of work undertaken at branch, regional and

national levels.

2 USS and Four Fights disputes

2.1 HE Sector Conference 2019 resolved a number of significant actions in regards

to the Four Fights and USS disputes. During the autumn HEC made decisions to

implement the actions in this regard to the separate disputes which resulted in

both being joined together as joint campaigns over the same time line. A

number of significant developments since the autumn have taken place in both

disputes which have been communicated to branches and can be found on the

UCU website: https://www.ucu.org.uk/he2019 and

https://www.ucu.org.uk/strikeforuss

2.2 The work of the bargaining and negotiations department has been re-prioritised

and kept under constant review in order to manage the wide range of demands

that must take priority to support the campaigns, negotiations, and ballot and

re-ballot processes in both disputes. This has meant that progress in other areas

has been impacted. HEC has been regularly updated on these matters.

2.3 The result of the ballot in the autumn was that 60 branches achieved at least

50% turnout and large votes in favour of action. In aggregate terms, this was

over 50% of members in USS and just short of 50% in the four fights dispute.

This was an impressive achievement and testament to the hard work of branch

activists and staff working together and developing GTVO campaigns.

2.4 In both sets of negotiations progress has been made and members took eight

days of action in both disputes in November and December 2019. At the same

https://www.ucu.org.uk/he2019https://www.ucu.org.uk/strikeforuss

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time 37 branches were re-balloted and 14 branches joined the action by

securing ‘yes’ votes on a 50%-plus turnout.

2.5 At the time of writing this report talks in both disputes continue and members

started 14 days of escalating strike action on 20 February. Preparations are in

train for a further ballot opening in March and running through to the end of

April should settlements not be reached in both disputes.

3 Climate and sustainability

3.1 A number of climate and sustainability motions were passed at Congress 2019

which sought progress on a number of key areas including divestment;

development of climate-related teaching materials and curriculum; development

of a campaign and resources to achieve as many progressive climate-related

changes as possible, and to support the youth strike movement. We currently

have over 300 green reps having seen a rise in reps since the student strike

activity began. The climate change agenda is very fast moving and we have to

be agile to stay relevant.

3.2 We have organised a climate themed learning week (10-14 February) with a

resource website https://ctlw.web.ucu.org.uk/ to address the work that needs to

be undertaken in terms of embedding climate education into all parts of the

tertiary education sector, and the aim is to build this as an on-going resource.

Following the September youth strike, we were contacted by UCEA and AoC

regarding involvement with a Climate Commission coordinated by the

Environmental Association for Universities and Colleges (EAUC). The commission

itself may or may not bear fruit, and trade unions don’t have time to sit around

waiting for the employers to get their acts together, as by that time it may be

too late.

3.3 We are developing a Green New Deal model claim and working with student

climate activist organisations on this. We have drafted a Green New Deal for

colleges and universities with model claim letters. This will be launched at

Congress 2020. We have worked with SOS-UK (Students Organising for

Sustainability, a charitable arm of NUS) with the aim of developing closer links

with local branches and student unions. A new two-day green reps course in

negotiating the Green New Deal will be launched in June 2020 together with a

joint NUS/UCU Green New Deal training podcast. The aim is to submit local

claims in the summer term with negotiations commencing from September

2020. We are also progressing joint political work with PCS on the development

of a Just Transition bill.

4 Gender

4.1 As part of the regional briefings in September and October, the team ran a

session to help branches submit local claims, with an exercise on reviewing and

understanding data produced in an Equal Pay Audit. At the equality conference,

we ran a session looking at pay gaps for all the equality strands, considering the

data that already exists, and again looking at how local claims and campaigns

could seek to address these.

4.2 The team is in the process of aggregating all the current gender pay gap

declarations from HE and FE institutions to identify the worst offenders, check

https://ctlw.web.ucu.org.uk/

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that they have all made the declarations, and see if those gaps have narrowed

or widened as we approach the deadline for the third reporting cycle.

5 Academic related, professional staff (ARPS)

5.1 A survey was sent out to ARPS members in November 2019, and was completed

by 2369 people including 168 non-members. This follows on from a survey in

2017, so we should be able to glean some useful comparative data from it, as

well as using it to inform the ARPS committee priorities.

5.2 Work is being done to revise the ARPS manifesto and general recruitment

materials, and these should hopefully be finalised in February.

5.3 The ARPS committee has started working on a model claim for branches to focus

on key issues for ARPS members. It is hoped that a draft will be ready to consult

members on at the ARPS annual meeting.

6 Anti-casualisation

6.1 Our focus in our anti-casualisation campaign over the past year has been to

publicise detrimental work practices, build local collective power, and publicise

and use ‘wins’ locally to build our campaigning and negotiating strategies.

6.2 To that end we have published our ‘Counting the Cost’ report which highlighted

the devastating impact on staff from working on casualised contracts, supported

the publication of a report on the dehumanising impact of casualisation in

academia and used HESA data to produce a report shining a light on the

endemic use of casualised contracts, the interaction between casualisation and

equalities, and how the use of such contracts has changed over a 10 year

period. We have worked with a number of individual branches to help build

campaigning and negotiating capacity with a view to pursuing local anti-

casualisation claims. Training sessions across the UK on developing local claims

on casualisation have been delivered. We were also engaged in the Research

Concordat Strategy Group, trying our hardest to ensure the revision to the

Concordat makes a real change on the ground for research staff and to ensure

that the revised Concordat can be used to build pressure on more universities to

engage in collectively negotiated improvements for research staff. We have also

been publicising ‘wins’ on our website including at Bristol, Open and Sheffield

universities and collating details of anti-casualisation negotiations to assist

branches in their own negotiations.

7 Teachers’ Pension Scheme

7.1 You will recall that the recent valuation of teachers’ pension schemes (TPS,

STSS, NITPS) like other public service pensions initially resulted in a significant

improvement to the accrual (build up) of pensions for career average scheme

members from April 2019 at no extra cost to members. However, this was put

on hold due to age discrimination cases.

7.2 FBU’s firefighters and the judges have won the age discrimination cases that

mean their younger members have deemed to have been discriminated against

because they were treated differently to older workers and moved to a new

pension scheme. The outcome is that they have to be moved into the ‘better’

scheme which for them is a final salary pre-2015 scheme in both cases.

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7.3 However, as this rolls out across the public sector, in the teachers’ schemes we

will need to ensure that affected members are treated fairly. The government

has made each affected scheme set up a working group to look into all the

issues. UCU is represented on this for the teachers’ schemes and the outcomes

will be fed into a public consultation in March/April.

8 Action on motions – annual HE sector conference 2019

8.1 Motion HE2, a motion on multi-year pay claims, was remitted to HEC.

8.2 Motion HE4 called for a concerted campaign to win industrial action ballots for a

fight over pay to commence in the autumn. See section 2 above.

8.3 Motion HE5 - The report of the SWG to conference was carried as amended.

UCU has continued to lobby USS to change the flawed methodology used to

value the scheme and to press for No detriment and No deficit with UUK and

USS. UCU has pressed USS to shift its investment strategy to a greater focus on

ethical and sustainable investment and to oppose any increase in the number of

non UCU directors on the board.

8.4 Motion HE6 resolved that UCU call on UUK to pick up any additional employee

contributions including contingent contributions from 1 October 2019 and not

pass them on to members and enter into dispute and prepare for an industrial

action ballot in 2019 if the employers do not agree. UCU established a dispute

with USS employers in June. The ground of the dispute were members will pay

no more than 8 % contributions for no change in benefits as a result of the 2018

valuation. A statutory ballot of members in USS institutions took place over the

summer and closed in October.

8.5 Motion HE7 called for UCU to call for the resignation of Bill Galvin USS CEO and

call for the resignation of all independent trustees, to call a higher education

sector conference on USS in the autumn term 2019 to review the position and

consider all actions available to UCU to defend USS, and to call on employers to

protect research projects and staff by picking up additional pension costs. The

superannuation working group (SWG) called for the resignation of Bill Galvin at

the June JNC and have repeated that demand subsequently. The SWG called for

the registration of the trustee board and in particular the chair. The grounds of

the dispute are that employers pick up any additional increase in contributions

above 8%. A special HESC on USS took place on 6 December in Manchester.

8.6 Motion HE8 resolved that USS implement in full, in the 2018 valuation, the six

JEP proposals for the 2017 valuation, not to accept any increase in member

contributions, including 'trigger contributions', for this valuation, and that any

threat of these should be countered with a ballot for industrial action in line with

existing policy and to call on all employers to publish their response to the USS

technical provisions document. The SWG demanded the implementation of the

JEP recommendations as the basis for negotiations for resolving the dispute. The

grounds of the dispute with UUK are that employers pick up any additional

increase in contributions above 8%. A statutory ballot opened in the summer

and closed in October. The SWG have called for full transparency at both the

JNC and in regards to the UUK consultations on the TPS.

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8.7 Motion HE9 called on UCU to work with aligned groups in pursuit of defending

our pensions wherever possible, to draw up a full report on legal options open to

UCU, via meaningful consultation with Academics for Pension Justice (and

associated legal advisors), the national dispute committee (NDC) and SWG and

for the report to make recommendations which will inform HEC’s consideration

regarding next steps in pursuit of any possible legal challenges over the actions

of USS. UCU worked with Academics for Pension Justice and has taken advice in

regards to a legal challenge. This is a highly complex legal matter with a high

cost exposure for the union. Discussions are ongoing.

8.8 Motion L5 This late motion was a resolution of no confidence in the Corporate

Trustee of USS and its board. Conference invited UUK to also withdraw their

nominated trustees. If UUK refuse to confirm by 1 June 2019 that they will not

impose any contribution increases in October 2019, HESC instructed the HEC to

initiate an immediate campaign for industrial action, highlighting USS’s

destructive role with a ballot commencing 1 September 2019, giving UCU

negotiators the necessary leverage to save the USS defined benefit pension with

no detriment to members. The SWG stated on the record the union’s lack of

confidence in the trustee board. UUK were invited to withdraw their nominated

directors but refused. The USS trade dispute was set up with employers in June.

The ground of the dispute are that UCU members will pay no more than 8%

contributions for no change in benefits as a result of the 2018 valuation. The

basis of the dispute is no detriment no deficit. Notice of intention to ballot was

sent to employers on 28 August. The ballot opened on 9 September and will

close on 30 October.

8.9 Motion HE10 called on UUK to join UCU in resisting any contributions increases

and to refuse to implement the October 2019 and April 2020 increases. UUK

refused to work with SWG on full implementation of JEP and ‘No detriment, No

deficit’. At the August JNC UUK proposed contributions of 9.6% for members.

The USS trade dispute was set up as described in respect of motion HE9 above.

8.10 Motion L6 This late motion resolved UCU should seek legal advice on behalf of

its three USS directors regarding the implications of their removing themselves

from the Trustee Board until Prof Hutton’s concerns were satisfactorily

addressed, to re-state our call for the resignation of Bill Galvin CEO of USS and

issue a press release stating this, and to demand a public enquiry into the

undermining of USS defined benefit scheme. UCU is providing legal and other

support to Jane Hutton as she continues to challenge her dismissal from the

board. UCU sought legal advice on the potential for removing UCU nominated

directors from the board in the context of USS now being a master trust

administered fund. SWG has called for the resignation of Bill Galvin on a number

of occasions. USS was investigated by the Parliamentary Select Committee and

UCU has written to the committee as part of its work.

8.11 Motion L8 This late motion called on UCU members to not undertake further

discretionary work for Trinity College Cambridge such as student supervisions if

Trinity leaves USS, to encourage all UCU members to refuse to accept speaking

engagements and other voluntary roles there, and to call on UCU to invoke the

national censure and academic boycott procedure unless and until Trinity

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reverses its decision to leave USS. HEC held a special meeting on 21 June to

agree how to implement the censure and boycott of the college should the

council vote to withdraw from USS. UCU wrote to the mater setting out the

consequences of the censure and academic boycott process should the college

vote to leave the scheme. An extensive publicity and social media campaign

publicised the issue and encouraged UCU branches to actively support the

branch at Cambridge. The UCU website was regularly updated. The college left

the scheme but the campaign continues.

8.12 Motion HE11 on TPS called for UCU to work with other trades unions to

campaign for a re-evaluation of the increase in public sector employer pension

contributions. UCU wrote to the minister demanding government commitments

were honoured. UCU participates in the public sector pension scheme trade

union meetings and the TUC is pressing the matter with the minster directly. A

national officer team comprising the UK president and chairs of HEC and FEC

meet to consider the issues and the next steps UCU takes. This involves

coordination within the devolved structures.

8.13 Motion HE12 resolved UCU analyse the data obtained on the intentions of

university managements and ascertain if employers are planning to force

academic staff onto new contracts of employment and into inferior pension

schemes, to support such branches with strike action develop a high-profile

national campaign against the increased TPS charges and the lack of transitional

relief for universities. A national officer team comprising the UK president and

chairs of HEC and FEC meets to consider the issues and the next steps UCU

takes. This involves coordination within the devolved structures. Head office and

regional offices have coordinated responses to those employers that have

threatened redundancies as a result of the proposed increases to employer’s

contributions.

8.14 Motion HE13 called on HEC to discuss and explore the feasibility and usefulness

of collective agreements which determine the staffing structure of universities

and exacerbate workload pressures arising from under-staffing, and called for a

special HEC meeting and a national meeting for reps on all contract types, to

promote action on this issue. The ACC has discussed the issues during the year.

A special meeting has not been organised at this time due to prioritisation of the

disputes on Four Fights and USS.

8.15 Motion HE14 called on UCU to produce campaigning materials for branches,

UCU-delivered training and digital communications, with practical actions that

senior staff can take to resist creating short contracts and provide career

progression opportunities to academic related professional staff, to use national

bargaining machinery to demand a minimum contract length of 24 months for all

staff, and UCU to progress talks with funders to support a 24-month minimum

contract. USS guidance for staff on short contracts has been published. The

intention is to do similar for TPS and LGPS.

8.16 Motion HE15 resolved that UCU demand an end to contracts of less than 12

months for all teaching and research staff, to be replaced by a basic minimum

contract length of 12 months, with this outcome pursued via national bargaining

machinery, that the union concurrently enter in talks with UKRI/other research

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funders (e.g. Leverhulme Trust and Wellcome Trust), to compel those bodies to

support 12 month minimum contracts for research staff. Due to the prioritisation

of the Four Fights and USS campaigns progress on this motion has been

delayed.

8.17 Motion HE16 resolved that there should be negotiations with universities to

provide a standardised, low-resource, mutually beneficial, post-contract support

package for academics on precarious contracts and graduating PhD students,

including a minimum of one year, non-stipendiary research affiliation, an

institutional email address, permission to deposit outputs in the institutional

repository, access to online resources, CPD opportunities, shared workspaces,

and support for developing funding bids on the same terms as currently

employed academics, and to call a boycott of events at the University of

London’s central administration until workers are brought in-house. In June, HEC

reaffirmed the HESC call for a boycott of events at Senate House. The branch

reported to the June meeting the real difficulties caused by a boycott of the

School of Advanced Studies (SAS) which is dependent on public funding to

employ a predominantly fixed term staff, a number of whom are UCU members.

The GS and head of HE met with the branch committee in September to hear

the branches concerns and to seek to establish a way of forward balancing the

union’s policy position with the needs of members at Senate House. In October

the branch produced a report for HEC in which it detailed the progress made in

bringing in-house outsourced support staff work who are not UCU represented

grades. The chair of HEC and head of HE met the branch committee in

November. The branch produced another report for HEC detailing further

progress and the impact the dispute was having on UCU members, not the

employer. The branch proposed recommendations to HEC to suspend the

boycott and lessen the impact on UCU members. HEC did not agree with the

proposals from the branch committee. It is unclear how effective the

administrative boycott has been on the employer.

8.18 Motion HE17 called on UCU regional offices to provide support to branches and

negotiate and agree facility time for national and branch activists to allow this to

be taken forward nationally and locally, and for International Women’s day in

universities from 2020 be designated GenderPayEqualityNowDay. Gender and

race pay formed part of the HE briefings delivered in Sept/Oct to encourage

branches to submit versions of the model claim with their employers.

8.19 Motion HE18 resolved that UCU incorporate action on the race pay gap into

future national HE pay claims, to demand employers immediately publish data

on their race pay gaps and to develop campaign resources to support local

collective bargaining by branches to tackle the race pay gap. Gender and race

pay formed part of the HE briefings delivered in September-October to

encourage branches to submit versions of the model claim. In the 2019/20 HE

pay claim we called for national action, including action plans, to address the

ethnic pay gap, taking into account intersectionality. We also asked UCEA to ask

affiliates to encourage their staff to declare protected characteristics, and

conduct equal pay audits covering all of those characteristics.

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8.20 Motion HE19 resolved to publish a report highlighting the attainment gap, pay

disparities, barriers to training and progression, discrimination through precarity

and harassment campaign against the ethnic pay gap, including through national

pay campaigns. In the 2019/20 HE pay claim we called for national action,

including action plans, to address the ethnic pay gap, taking into account

intersectionality. We also asked UCEA to ask affiliates to encourage their staff to

declare protected characteristics, and conduct equal pay audits covering all of

those characteristics. The new Rate for the Job, which will launch in early 2020,

will include data on ethnic pay gaps for the first time. UUK has started an

Advisory Group to tackle racial harassment in HE. UCU has a seat on the group

and has been offered a seat on the staff panel. It is hoped this group will

suggest ways to begin to address the barriers faced by black staff.

8.21 Motion HE20 called on UCU and branches to closely monitor the effects of HE

restructuring on LGBT+ workers and on LGBT+ studies, and to insist on

management producing meaningful evidence about the equality impact of

restructures, including on LGBT+ people, in all restructures. Some work has

been progressed within the LGBT+ standing committee. Due to the prioritisation

of the Four Fights and USS campaigns, progress on this motion has been

delayed.

8.22 Motion HE21 resolved to work with local activists to challenge the growth of the

far-right on campus, to establish clear guidelines for members on free speech on

campus and to compile a list of far-right groups and activities to arm

members/branches in their campaigning work. Some work has been progressed

in the black members standing committee. Due to the prioritisation of the Four

Fights and USS campaigns, on this motion has been delayed.

8.23 Motion HE22 called on UCU to work with branch officers to effectively challenge

management around LGBT+ equality by undertaking a survey of LGBT+

members including questions measuring confidence, organising and facilitating

LGBT+ awareness raising actions within HE institutions. Some work has been

progressed within the LGBT+ members standing committee. Due to the

prioritisation of the Four Fights and USS campaigns, progress on this motion has

been delayed.

8.24 Motion HE23 called on the NEC to audit progress on their 2017 sexual

harassment statement, to circulate a detailed report on that progress to all

branches, and to consult on a strategic plan to involve every HEI in England and

the devolved regions in the creation of a support system for staff and students

involved in cases of sexual harassment. Some progress on progressing the work

has taken place within the Women Members Standing Committee. Due to the

prioritisation of the Four Fights and USS campaigns, progress on this motion has

been delayed.

8.25 Motion HE24 resolved that UCU identify the most egregious and exploitative

employers and seek legal opinion on the risk to university staff with respect to

health, safety, and work-life balance, with a view to taking collective action

against particularly egregious employers The bargaining and negotiations team

continued to support directly the branched-based development of the agreed

health and safely workload reps campaign. A particular focus will be the

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development of local workload claims. During 2019 over 20 branches

participated in the briefings and subsequently developed a bespoke claim and

campaign.

8.26 Motion HE26 called for a sector-wide survey of workload models, identifying

which institutions use them and which do not, identifying examples of best

practice for purposes of comparison, and in order to exert pressure on

management to follow best practice and to provide guidance to branches on how

to pressure the employer to adopt a reasonable workload allocation model.

Workload is an integral feature of the Four Fights campaign. Due to the

prioritisation of the Four Fights and USS campaigns, progress on this motion has

been delayed.

8.27 Motion HE27 called on UCU to lobby for government action to direct higher

education institutions to address the issue of workload and work-related stress.

Workload is an integral feature of the Four Fights campaign. The branch-based

health and safety workload reps campaign is reported on under motion 24

above. Due to the prioritisation of the Four Fights and USS campaigns, progress

on this motion has been delayed.

8.28 Motion HE28 resolved to develop resources and activities of the workload

campaign to address the specific needs of disabled workers and carers, to

support the DMSC to organise an annual day of action in higher education and

continue the reasonable adjustments campaign. Joint work across UCU teams

took place to progress the motion. A review of existing resources and guidance

and the development of updated guidance and resources is in train. Due to the

prioritisation of the Four Fights and USS campaigns, progress on this motion has

been delayed.

8.29 Motion HE29 resolved to challenge HEIs where there are patterns in the data

that demonstrate inequalities of outcome, to challenge the use of performance

management where the outcome is discriminatory and to actively support

branches, including through funding legal action, where there is evidence of

inequality of outcomes as against the protected characteristics. Some of the

issues have bene considered within the relevant standing committees. Due to

the prioritisation of the Four Fights and USS campaigns, progress on this motion

has been delayed.

8.30 Motion HE30 called for staff choosing not to use lecture capture not to be

required to engage in a formal opt out process, lecture capture never to be used

in performance management, disciplinary action or to replace teaching during

industrial action, and lecture capture not be used where teaching takes place in

countries where freedom of speech is not guaranteed, with UCU to seek legal

advice on these points. UCU has received legal advice on the recording of

lectures and the relationship it has with intellectual property. Guidance on

lecture capture is being drafted, however due to the prioritisation of the Four

Fights and USS campaigns, progress on this motion has been delayed.

8.31 Motion HE31 called on HEC to collate information at a national level about the

use of module evaluations, and to explore how such a campaign might best be

constructed based on this evidence, and to bring proposals for such a campaign

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to the next meeting of HE sector conference. Due to the prioritisation of the Four

Fights and USS campaigns, progress on this motion has been delayed.

8.32 Motion HE33 called on HEC to publicise the important and effective work done

by student counsellors, and to campaign for better resourced counselling

services, with better pay and conditions. During the year the ARPS committee

developed a survey which was sent to branches in the autumn to gather

information for a campaign on this issue.

8.33 Motion HE34 instructed HEC to launch a #LoveOurARPS campaign to refresh

the ARPS manifesto for relaunch, produce recruitment and campaign materials

which reflect the diversity of ARPS roles and emphasise ARPS as an integral part

of the academic team, investigate institutional spending on ARPS CPD and

establishes a model claim, develop and deploy a regular survey expanding our

understanding of ARPS issues, and investigate ARPS casualisation through FOI

and other means. Reviews of the ARPS manifesto and recruitment materials

have already begun. An ARPS member survey was issued in the autumn and

received over 2000 responses. The ARPS committee will consider the responses,

and a presentation of the results was part of the ARPS annual meeting. A model

ARPS claim has been drafted for discussion by the committee.

8.34 Motion HE35 resolved UCU demand that the outputs from staff made

redundant by an institution are made ineligible for REF, to campaign against the

use of REF criteria for performance management, to campaign for T&S to have

equal status with T&R, and to campaign for the abolition of REF. Before the

summer break UCU contacted branches seeking feedback on the development of

the codes at institutional level. The feedback was collated and shared with

branches and alongside updated guidance to branches. HEC considered reports

from officials during the year.

8.35 Motion HE36 resolved to consult with members to produce 'essential and

desirable standards' for local UCU branches to use in negotiating codes of

practice and other REF issues with their management, with codes of practice

addressing a wide range of specific issues including equality impact assessment

and workload intensity. UCU wrote to branches in June asking every HE branch

to send a copy of their local Code of Practice and the accompanying Equality

Impact Assessment and asking them to answer short survey so that we can

establish what is happening across the UK. The questions were; 1. Was the UCU

branch involved in the development of your institution’s Code of Practice? 1a If

not why not; 2. What criteria is your institution using to determine who will be

returned to REF2021 (ie how will they determine who has ‘significant

responsibility for research’? 3. Has your institution included a statement of ‘no

detriment’ for staff not returned to REF 2020? 4. Has your institution given a

commitment to not return research undertaken by staff who have been made

compulsorily redundant? 5. Are you aware of any detriment, or potential

detriment, to staff in your branch as a result of REF2021 (give examples) Please

give details. A summary of this information will be made available to HEC.

8.36 Motion HE37 on the REF called for a campaign for employing institutions,

possibly through UCEA, to agree not to return submissions of compulsorily

redundant staff and called on UCU to name and shame institutions abusing the

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REF process and to highlight good practice. Before the summer break UCU

contacted branches seeking feedback on the development of the codes at

institutional level. The feedback was collated and shared with branches and

alongside updated guidance to branches. HEC considered reports from officials

during the year.

8.37 Motion HE38 on the REF called for UCU to challenge the dismissals linked to the

REF and if these decisions are not reversed, to use Freedom of Information

requests or other suitable means to find out which institutions do so, and to

name and shame offending institutions. UCU provided updated guidance to

branches based on the feedback received relating to the new Code of Practice.

8.38 Motions HE39 to HE48 were remitted to HEC as the business of conference

could not be completed on the day. HEC has received regular update reports on

the progress of these motions where these are within existing policy. Due to the

prioritisation of the Four Fights and USS campaigns, progress on these motions

have been delayed.

Action on motions - special sector conference – USS dispute, 6 December

2019

8.39 Motion 1 called on HEC to consider legal action against the USS trustees based

on breach of trust, including possible crowdfunding of the legal action and the

publishing of a legal opinion on the matter. UCU worked with Academics for

Pension Justice and has taken advice in regards to a legal challenge. This is a

highly complex legal matter with a high cost exposure for the union. Discussions

are ongoing.

8.40 Motion 2 called the chief executive of USS and all its trustees to resign and

called for new independent trustees committed to USS as a defined benefits

scheme to be appointed. It asked negotiators to seek UUK support for these

calls, and called for a campaign to be developed for implementation at branch

level to put pressure on university heads to work towards internal change at

USS. The SWG has made repeated calls for the chief executive to resign. UCU

has made amendments to the essential criteria used to select UCU nominated

trustees in regards to a demonstrable commitment to defined benefit as well as

working with trade unions and an equality commitment.

8.41 Motion 3 instructed UCU’s negotiators to aim for settlements to the USS dispute

that are long-term in nature. The SWG has robustly pressed No deficit No

detriment as well as challenging UUK to agree to remove Test 1, end de-risking

and change the methodology use to value the scheme. Following the publication

of the JEP second report the SWG and the establishment of Tripartite talks

involving USS UUK and UCU, issues such as sustainability, governance and

intergenerational fairness have been important matters considered. All three will

have be part of any long term solution to the dispute.

8.42 Motion 4 resolved to further the USS dispute with further strike action in

February and March, and called for the re-balloting of USS branches to enable

strike action in the summer term and into October. It called for an extension of

ASOS, encouragement to branches to form strike task groups, and for a strike

fund appeal. The February-March strike action was called as reported in

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paragraph 2.5 above. The NEC has instructed an appeal to other unions be

made, in the UK and internationally, in respect of the union’s fighting fund. A re-

ballot of those branches that secured a mandate in October 2019; 60 branches,

will open on 17 March and close on 28 April. UCU has sought legal advice on

expanding the grounds of the dispute in line with the motion.

8.43 Motion 5 called for academic boycott of institutions implementing

disproportionate ASOS deductions, consideration of how the fighting fund could

assist the impact of deductions on vulnerable members, and authorise local

strike ballots in response to disproportionate deductions. UCU issued updated

FAQs on ASOS and encouraged branches to reach agreement to spread the

deductions relating to industrial action. The NEC in March agreed new

arrangements for the fighting fund which increased the amounts members could

claim depending on salary and agreed a number of different ways by which

money can be raised for the fund.

8.44 Late motion L1 further noted the ongoing deductions for ASOS and resolved

that members so penalised should be prioritised for financial support, and that

UCU should respond to the imposition of ongoing ASOS deductions with national

strike action. The NEC in March agreed new arrangements for the fighting fund

which increased the amounts members could claim depending on salary and

agreed a number of different ways by which money can be raised for the fund.

8.45 Motion 6 called for a statement on the rights of members on work visas in

respect of industrial action, to be highlighted to all members, with guidance on

ASOS addressing the position of migrant members, and the UCU campaign to

improve statutory protection in this area. UCU produced guidance for migrant

workers and following advice from our lawyers issued detail FAQs in this regard.

Legal assistance is also available.

8.46 Late motion L2 noted the gender inequality in the USS pension scheme and

proposed a walkout on a day in January to draw attention to and oppose this

inequality. The SWG continues to press the case for greater equality in the

scheme. A number of innovative actions and events have taken place as part of

the industrial action themed around issues of equality.

8.47 Emergency motion L5 noted that students at the University of Reading were to

be disciplined for an attempted occupation in support of climate strikes and UCU

strikes, and sent solidarity to the students and called for the university’s

response not to be heavy-handed. UCU sent a message of solidarity to the

students who remain very supportive of the industrial action.

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Section 3: Report of the Further Education Committee (FEC)

1 Introduction

1.1 This part of the annual report deals with UCU’s work in the further education

sector, including adult and continuing education (ACE) and prisons, over the last

year. In the space available, only an overview of the work undertaken at branch,

regional and national levels can be reported.

1.2 In July 2019, FEC agreed a set of objectives and key work areas to provide a

focus for work and act as a guide when allocating resources. The priority work

areas are pay, gender pay gap, anti-casualisation, protecting members’ TPS

benefits and work to reduce members’ workloads. These fit within the union’s

national priorities. The report is largely structured around these priorities.

1.3 At each FEC meeting, the secretary provided a report on action taken to

progress the motions carried at the Further Education Sector Conference (FESC)

in May 2019. This report is written only part way through the year, more

progress will have occurred prior to FESC 2020.

2 FE Pay England

2.1 While there has been a lower level of disputes and industrial action than in the

previous two bargaining rounds there has been a significant level of collective

bargaining activity at a local level. This has occurred with active support from

the unions’ regional offices, covering 58 separate instances of collective

bargaining over pay, terms and conditions, or both, at branch level across all

English regions.

2.2 The range of issues covered in 2019/20 claims includes:

• pay – 40

• workload – 16

• contract/terms and conditions – 10

• annual leave – 3

• recognition – 3

2.3 While there has not been as much ‘noise’ in terms of industrial action around the

2019/20 round this does not mean that there has been less bargaining. With few

exceptions, more movement has been achieved on non-pay award elements this

year.

2.4 Colleges largely resisted pressure on improving on the Association of Colleges’

(AoC) 1% recommendation for 2019/20 citing political uncertainty in the latter

half of 2019, TPS funding uncertainty and a lack of clarity around translation of

the increased funding into funding mechanisms. The AoC and colleges made

clear increased funding would arrive in colleges in the 2020/21 year.

2.5 The 2020/21 year is the first pay round in more than a decade when there is

increased funding in the system. We know from past experience, more funding

does not guarantee a corresponding increase in wages. The only way to ensure

that extra money ends up in members pay packets is if we campaign and fight

for it.

2.6 In the context of increased funding and therefore more advantageous bargaining

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conditions for 2020/21, FEC determined that an early shift of focus to the

2020/21 bargaining round was the best strategy to secure improved pay for UCU

members in FE England.

2.7 At the time of writing preparations for a disaggregated national ballot of FE

England branches were being made on the basis of a presumption that all FE

England branches would be pre-emptively balloted before talks with the AoC on

the 2020/21 pay round.

3 FE Funding campaign – #LoveOurColleges

3.1 The campaigning work reported in the last annual report which included the

#LoveOurColleges campaign week, march, rally and Westminster lobby, finally

bore fruit. There is no doubt that the noise made by those branches that took

action in the FE Fights Back campaign was a pivotal part of the campaign that

secured an extra £500 million of funding for further education announced by the

government at the beginning of September 2019. The funding increase included

an increase to the 16-19 base rate funding and cover for TPS increased employer

contributions for a further year worth £100 million.

3.2 While this increase in funding for FE goes only some way to covering the cuts of

the last decade, the role of UCU and its members’ action cannot be

underestimated in delivering the increased funding.

3.3 Written confirmation was sought from the minister and subsequently confirmed

that the promised increased funding for FE in England will be translated to the

nations via the Barnett formula.

3.4 Plans to conduct a further FE funding lobby of parliament in mid-October 2019

were postponed due to the coinciding of a Queen’s Speech and the following

general election which meant lobby efforts would have been drowned out.

3.5 At the time of writing, UCU is pressing fellow stakeholders in the

#LoveOurColleges campaign partnership to renew the campaign and shift focus

to campaigning on improved adult education budget funding.

4 Wales

4.1 The FE sector submitted a claim for 5% and an amount to address the

differential award of 18/19. The employer offered 2.75% on all scale points

except MG 1 which was given a 5% uplift. The offer went to ballot and was

accepted by 95% of the membership in January 2020.

4.2 The focus of the campaign of Overworked and Underpaid moved to workload.

UCU tabled a new claim with the other academic unions on workload. At the time

of writing the membership were being balloted on their willingness to support

escalating strike action to pursue their claim of:

1. a reduction from a maximum of 24 hours to 21 hours of teaching in any one

week and a consequential reduction in the annualised hours to reflect the

weekly reduction;

2. an increase in the prep and marking time from 20 minutes to 30 minutes to

ensure that workload is reduced and the space created by the reduction in

teaching hours is not filled with other activity;

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3. the preparation and marking times must be shown on the individual lecturer’s

timetable.

4.3 A letter has been sent to the education minister asking her to intervene to

prevent a long and damaging dispute. UCU negotiators believe additional funds

will need to be made available from the government to address our claim and

the fact that we have an election coming next year creates opportunity for

leverage. We therefore argued that: ‘It is the case we believe that this will take

more than one year to address in relation to the budget process and of course

we have elections to contend with next year. So we would suggest that an

independent person be engaged to ‘mediate’ and ‘advise’ the drafting group of

the WNCFE on appropriate provisions to consider for inclusion within the national

workload agreement and to get those provisions costed.’ It will of course be for

the trade unions to do the political working during the manifesto period to

ensure that we can implement any changes agreed.

4.4 The joint trade unions have conducted research on the issue of student

behaviour and are developing a strategy and potential claim to address

concerns. Finally, we have tabled an updated draft on the use of Instructor

Demonstrators; this was tabled for discussion at the meeting with employers in

March 2020.

5 Northern Ireland

5.1 Devolved government has returned to Northern Ireland and the Department for

the Economy which houses further and higher education has announced £43m of

inescapable pressures. £33m of the sum is needed to address salary pressures

in the further education sector.

5.2 At the time of writing UCU has declared a sector-wide dispute in the six regional

further education colleges. The employers attempted to use pay negotiations to

attack contractual rights in regard to workload protections, collective bargaining

rights and access to an independent appeal within the grievance and dismissal

procedure.

6 Gender and race pay gaps

6.1 A staff member is now in post to lead on gender pay in the bargaining and

negotiations team to progress work on gender, race and other pay gaps.

6.2 We are now in the third year of mandatory gender pay gap (GPG) reporting and

are collating this data for FE colleges in order to identify trends over that period

and have identified the worst 20 median GPGs in FE.

6.3 In England, DfE have announced that mandatory workforce data collection will

be trialled from 2020/2021 and implemented fully for 2021/2022. UCU are

working with DfE to ensure this process facilitates race pay gap reporting. In

Wales, we have included race pay gap questions in the FoI. In the ACE FoI we

have also included a race pay gap question.

6.4 UCU is pursuing a strategy of identifying target institutions for further work by

reviewing national data on financial sustainability, size of gender pay gap, size of

casualisation issues and strategic position (i.e. significant college group) and

then providing national support to:

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• agree a campaign plan with the branch and an initial claim;

• submit claim for an equal pay audit (if not already done), including specific

attention to part-time staff;

• review existing or subsequent data;

• formulate of a specific claim for action to tackle identified issues;

• provision of campaign support as appropriate.

7 Anti-casualisation

7.1 The focus of our anti-casualisation campaign over the past year has been to

publicise detrimental work practices, build local collective power and publicise

and use ‘wins’ locally to build our campaigning and negotiating strategies. To

that end we have published our ‘Counting the Cost’ report which highlighted the

devastating impact on staff from working on casualised contracts and worked

closely with colleagues in our press team to publicise the report.

7.2 We responded to the government consultation on ‘Measures to Address One-

Sided Flexibility’ arguing for maximum notice of work schedules and full

compensation for cancelled work.

7.3 We are currently working on a report from the latest FOI data which will include

the number of fixed-term, hourly paid, zero hours and agency staff in different

job families in FE. The report will be used to try and further publicise the extent

of casualisation in further education and to support our arguments in our

national and ‘Part 2’ campaigns.

7.4 Regional colleagues have worked with numerous branches to progress and

implement anti-casualisation claims including at Capital City College Group, New

City College, Newcastle College Group, United College Group, Croydon College

and Bradford College. These deals have seen significant numbers of hourly paid

staff moved to secure fractional contracts and have been publicised on our

website.

8 Adult and community education

8.1 We are seeking to get a better understanding of the terms and conditions of

members employed in ACE through a FOI request being sent to every ACE

provider in England and Wales.

8.2 We are also working with members in devolved English regions to ensure that

the move to more local control of the adult education budget is used in a way

that benefits both the services and those who work in them.

8.3 We are currently building for the annual meeting for ACE members (in March) in

the hope that we can use that meeting to launch the development of local claims

for ACE branches, to try to mirror the success we have had in other parts of the

sector.

8.4 Funding for adult education will be a key focus for our campaigning in the

forthcoming year, working with providers and other interested parties to

promote the significant positive impact that ACE has on local communities.

9 Teacher’s Pension Scheme

9.1 You will recall that the recent valuation of teachers’ pension schemes (TPS,

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STSS, NITPS) like other public service pensions initially resulted in a significant

improvement to the accrual (build up) of pensions for career average scheme

members from April 2019 at no extra cost to members. However, this was put

on hold due to the age discrimination cases.

9.2 FBU’s firefighters and the judges have won age discrimination cases that mean

their younger members have deemed to have been discriminated against

because they were treated differently to older workers and moved to a new

pension scheme. The outcome is that they have to be moved into the ‘better’

scheme which for them is a final salary pre-2015 scheme in both cases.

9.3 However, as this rolls out across the public sector in the teachers’ schemes we

will need to ensure that affected members are treated fairly. The government

has made each affected scheme set up a working group to look into all the

issues; UCU is represented on this for the teachers’ schemes and the outcomes

will be fed into a public consultation in March/April.

10 Workload

10.1 The workload campaign piloted in 2017/18 and based on a campaigning and

organising model recruiting dedicated workload health and safety reps, has been

further developed over the last year.

10.2 163 workload health and safety reps have now been appointed and trained in 31

target branches across FE and HE along with additional branches who attended

Eastern and Home Counties and Yorkshire and Humberside regional events. All

target branches are committed to launching workload inspections/investigations,

surveys and to build support for local workload claims. Online campaign

resources have been developed and can be found at:

https://www.ucu.org.uk/workloadcampaign

10.3 The resources include campaign poster/flyer, overview, checklists, legal rights,

flowchart, workload claim outlines and specific factsheets covering workload

inspections, reporting, and a framework for auditing and reviewing work-related

stress risk management by employers. Good practice examples from the

University of Liverpool (Stress Code of Practice) and Sussex Coast College (joint

working group ToRs) are included.

10.4 A workload campaign conference has been called to bring together reps from

branches that have participated in the campaign so far to share experiences and

tactics in order to further refine and develop the campaign.

11 Prisons

11.1 UCU has been active on all key areas, including, restructures following contract

retendering at all four major providers, health and safety, exclusions, political

lobbying and trade union recognition. Industrial work within each of our four

main prison education branches include substantive negotiations on pay and

grading, equal pay, recognition and facilities time and stress and well-being.

11.2 Organising across a national area which covers a number of providers continues

to be challenging, with membership numbers remaining static with a slight

increase on the coverage of reps.

https://www.ucu.org.uk/workloadcampaign

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11.3 Following the establishment of Joint Unions in Prisons Alliance (JUPA) in 2019,

the alliance of nine trade unions, who have members working across all areas in

prisons, the alliance is making significant progress with our Safe Inside

Campaign. This has included a great deal of coordinated work with the Justice

Unions Parliamentary Group (JUPG) raising Justice questions on prison health

and safety and a Prison Safety Summit with the launch of a Safe Inside Charter.

The charter is the subject of an Early Day Motion and at the time of writing a

formal parliamentary launch of the charter is scheduled to take place next

month.

11.4 We have been monitoring the implementation of the Prison Education

Framework (PEF) contracts since April 2019. The change to Governor-led

commissioning combined with a dire lack of staffing and structural resources

across the prison estates, have had a negative impact on our members and is

especially impacting upon recruitment and retention of prison educators. As the

Ministry of Justice (MOJ) are enforcing the PEF contracts in a more rigorous way

than Offenders’ Learning and Skills Service (OLASS), this is placing more

pressure on the providers who then in turn are passing this onto our members

with MOJ retaining up to 5% of payments if quality KPIs are not met by the

providers.

11.5 Following evidence provided by UCU to the Justice Select Committee and the

ensuing report on prison governance, UCU welcomed the call for more stable

prison education contracts and increased training for prison governors, but said

bolder reform was needed to ensure prison educators are able to do their jobs

effectively.

11.6 UCU is currently developing a project with the singer-songwriter and activist Billy

Bragg. The joint UCU/Jail Guitar Doors music project will look to bring together

our members and Billy's long-standing initiative in some prison establishments.

The aim of the project is to raise the profile of prison education both within and

beyond the union, help to improve the culture and atmosphere of prison

workplaces and have a positive impact on the wellbeing of both staff and

students.

12 Action on further education sector conference motions 2019

12.1 Motion FE1 (FEC) approved the report on the FE England 2018/19 pay round

and progress in the 2019/20 round as circulated in FE branch circular

UCUBANFE/17.

12.2 Motion FE2 (FEC) resolved to support branches pursuing disputes over FE

England 2018/19 claim, provide maximum support to branches developing

2019/20 claims so branches can be balloted and hold branch mobilisation

briefing events. To provide support to branches where members suffer at

detriment due to TPS employer increases contributions.

12.3 All branches in dispute over 2018/19 claims were supported through to

resolution of the disputes. See paragraphs 2.1-2.7 of the report.

12.4 Motion FE3 (Yorkshire and Humberside regional FE committee) called on FEC to

build on the success of the FE England pay campaign, continue to fully support

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UCU branches where ballots for action remain, support and help build for action

where ballots for action were not won. See report above for motion FE2.

12.5 Motion FE4 (West Midlands regional FE committee) called on FEC to strengthen

mechanisms for branch solidarity and a programme for sharing of GTVO

strategies and to continue to ballot members where colleges fail to meet our pay

demands. Regional offices to support branch officers with local membership list

cleaning. Support is provided by regional offices to assist branches with cleaning

membership lists and GTVO activity. Also see report for motion FE2.

12.6 Motion FE5 (Yorkshire and Humberside regional FE committee) to work towards

a standardisation of job titles and role descriptions starting with a review of

remuneration of those teaching in the sector. To publicise the review findings

and used them to work towards standardisation by campaigning for equal pay

for equal work. Work on a review with a view toward increased standardisation

has commenced with the AoC. A report on this is forthcoming.

12.7 Motion FE6 (Disabled members standing committee amended by The

Manchester College branch) resolves to lobby the government to urgently

increase funding in FE, fight for rights of SEND learners push to maintain

provision of support services. A Disability Day of Action lobby of parliament has

been successfully held to lobby government on these issues. Success on securing

£400million in increased funding for FE, work will continue on the

#LoveOurColleges campaign with stakeholders.

12.8 Motion FE7 (London regional committee) asked FEC to launch a campaign to

end incorporation including a big conversation on the theme 'end incorporation'

with public meetings in regions hosting debate with FE stakeholders, community

groups, NUS, unions and employers, call a march and national lobby of

parliament in autumn. A Westminster Roundtable Discussion to re-launch UCU’s

positon on the appropriate structure, democratic control and governance is

planned for early May.

12.9 Motion FE8 (Kirklees College branch amended by The Manchester College

branch and disabled members standing committee) called on FEC to investigat