Industrial action information for staff

General information

Which trade unions are taking industrial action?

The Sheffield University and College Union (UCU) has asked its members to take industrial action over the University’s inability to guarantee there will be no compulsory redundancies arising from the ongoing institutional change the University is undertaking in light of the current financial situation.

The current mandate for UCU action began on 1 April and will be in place for six months.

What is the current dispute about?

This action follows a process of internal dispute resolution which failed to resolve concerns raised by Sheffield UCU. To resolve the dispute, UCU asked that the University commit to making no compulsory redundancies.

Given challenges the higher education sector is facing, it would be irresponsible to make such a guarantee. However, the University has a good track record of achieving staffing reductions through voluntary means and minimising compulsory redundancies.

Even in more stable times, we are unable to provide such a guarantee as redundancies are a necessary part of the running of the University, including the ending of fixed term contracts and other institutional change.

About industrial action

Who can take part in the industrial action?

Where a mandate for industrial action is obtained and a trade union calls on its members to take industrial action, those trade union members who were balloted are able to participate in industrial action. It is also possible for staff who choose to join that trade union after the ballot to take part in the industrial action.

Trade union members from unions which do not have a mandate for action, or which are not calling on their members to take industrial action, cannot participate in industrial action.

What is action short of a strike (ASOS)?

ASOS is when trade union members engage in an action that falls short of a full withdrawal of labour, sometimes known as partial performance of the contractual duties.

This can take many forms including a refusal to carry out specific duties or responsibilities.

UCU have currently stated they intend to take the following forms of ASOS from 1 May:

• Not covering for absent colleagues, vacant posts, or posts that are discontinued due to change management
• Not undertaking any voluntary activities
• Not undertaking duties which are not commensurate with the grade of the post
• Not using personal devices to conduct work
• Not rescheduling lectures or classes cancelled as a result of strike action
• Not sharing materials relating to lectures or classes cancelled as a result of strike action

They are required to give the University two weeks' notice if they change the forms of ASOS members will take.

What is a picket line? Can I cross it? 

During strike action, it is possible that picket lines of striking staff might be present around the University campus outside various buildings. Picketing is a lawful activity where staff who support the strike stand outside their normal place of work to inform other staff members why they are striking. Pickets should only include individuals who are employed by the University. Picketing should be undertaken peacefully and it must not prevent those who are not striking to go to work or continue doing their usual work. 

UCU guidance for branches on picketing

What to do if you want to participate in industrial action

Who should I inform if I decide to participate in industrial action?

If you participate in the strike action, you must complete a strike notification form.

You must complete and submit the notification form when you return to work following your participation in strike action.

As the strike action is discontinuous, participants are requested to complete the notification form at the end of each week of participation.

If you choose to take any form of ASOS, whether you or your trade union consider it to be a breach of contract or not, you are required to complete the action short of a strike notification form at the end of each week that you participate in ASOS. Ensure you click ‘submit’ when you have completed all of the information.

What work should I prioritise during the industrial action?

Our aim during industrial action is to minimise the impact on students. For this reason, we ask all staff to prioritise, where possible, student-facing activities.

I am not taking part in the industrial action and have been asked by my manager to cover for a colleague who is taking industrial action, is this ok?

During industrial action, all staff are asked to prioritise student-facing activities, which may mean departments may require flexibility in what work is undertaken to enable this. You should only be asked to undertake any duties which are grade appropriate, and for which you are suitably skilled and/or trained. Your manager should ensure that you are aware of what work to prioritise and de-prioritise. There may be situations where your manager seeks a level of flexibility in terms of covering duties which fall outside of your normal role. If you or your manager are unsure what may be deemed reasonable, you are advised to seek HR support.

Can my Head of School ask me to carry out work that was not carried out due to my participation in strike action?

Yes, it is a reasonable management instruction to require staff to reschedule and teach sessions cancelled due to strike action, but they should be clear with you on what work should be prioritised and de-prioritised.

Can my Head of School ask me to carry out work that is covered by action short of a strike?

Yes, it is still a reasonable management request for your Head of Department (or line manager) to ask you to do work that is covered by action short of strike. However, if you are refusing to do this work because you are taking action short of strike, you must tell your Head of Department (or line manager) when asked.

Can I work from home or take annual leave during industrial action?

We are aware that many staff are utilising a hybrid working approach, so may already be doing some work from home. However, we wish to ensure that there is adequate cover during periods of industrial action so that we can maintain services as much as possible, provide adequate support for students, and reduce any possible impacts on learning and education. Therefore, requests to work from home or to take annual leave might not be agreed during periods of industrial action unless it follows your normal working pattern or in exceptional circumstances.

We acknowledge that there will be circumstances where such requests can, and should, be agreed, and this is not intended to be a blanket ban on people taking time off or working flexibly. Please speak to your manager to determine what will be possible.

Note: If agreements were made before the University received the notification of strike action from the trade unions, we expect these agreements to be honoured.

I am participating in action short of strike, and I cannot log in to my University account without using the Duo app on my personal mobile phone. Is there an alternative way to login?

Yes, you can get an MFA hardware token from IT Services. Further details on how to obtain these will be provided in due course.

Impacts on pay, pensions and deductions

What will be the impact on my pay if I take part in the strike action?

Participation in strike action will result in a breach of your contract of employment. Consequently, if you choose to take strike action you will have a day’s pay deducted for each day that you are striking. If you choose to take strike action you are required to complete the strike notification form at the end of each week of participation. The daily rate of pay for calculating pay deductions will be deemed to be 1/365th of the full time equivalent salary, pro-rated for part time staff whose working pattern includes part-day working on strike days. Graduate Teaching Assistants who take action will not be paid for any of the hours of work they were scheduled to undertake.

Refer to the University’s principles and approach to pay deductions. The withholding of pay is without prejudice to any other right or remedy which the University has in relation to staff who participate in industrial action, including any claim for damages for breach of contract.

What will be the impact on pay if I take action short of a strike?

The University has a long-standing position that partial performance is not accepted, and reserves the right to withhold up to 100 per cent of pay. The full position is outlined in the University’s principles and approach to pay deductions, which governs how the University manages situations of dispute resolution including those involving industrial action.

The ASOS that UCU is currently calling on members to take from Thursday 1 May may constitute a breach of contract and could therefore result in pay deductions. Initially, whilst we assess the nature and impact of the action, pay will not be withheld. We will continue to review the impact of ASOS to determine whether pay deductions will apply from a later date and reserve the right to withhold pay. If the position on pay deductions changes, we will issue further communications to let you know the details before deductions are made.

When will pay deductions for industrial action be made?

Withheld pay for participating in industrial action will be taken in the next available payroll.

How will strike pay deductions appear on my payslip?

Your payslip will show a deduction for the total days of industrial action that will be processed in that month. The deduction will appear coded as either:

• ‘Strike pay adj’ - Strike pay deductions where you have requested that pension contributions are maintained.
• ‘Strike pay TNP’ - Strike pay deductions where you have requested that pension contributions are not maintained.

What happens to pay withheld from staff participating in industrial action?

Pay deducted from those taking industrial action will remain in School/departmental budgets. It may be used to mitigate or remedy the impacts of the strike action, in particular any impact on student learning opportunities and objectives.

I am a GTA/casual worker and I want to take part in the industrial action. What will be the impact on my pay?

Casual workers and GTAs who plan on withdrawing their labour in support of the industrial action will not be paid for any work missed on those days. 

GTAs and casual workers who participate in the industrial action should complete the strike notification form and should not claim hours that they had planned/been scheduled to work.

What will be the impact on my USS pension where pay deductions are applied?

The default position will be that the University will pay the employer’s contribution as though you have worked on each strike day and will deduct any employee’s contributions you would normally pay (including any additional contributions), based on the full notional pensionable pay you would have earned had you not taken industrial action. This will mean USS membership will not be affected during the strike period.

If you do not want your normal USS pension contributions to be deducted, you must indicate this on your strike notification form. Please note that in this situation, you will not accrue pension benefits for that period. 

We can confirm however that, for the period of the currently-stated strike days, USS has put in place arrangements for death in service and ill health cover to remain in place where full contributions are not maintained.

I am a GTA/casual worker and I can’t do my work as someone I was supporting has not turned up due to strike action, what happens to my pay?

You will be paid for the hours you were due to work on that day. You will need to inform your departmental contact who will process the hours for payroll as per the normal process. 

You may be asked instead to undertake alternative, grade-appropriate tasks for which you are suitably skilled and/or trained to undertake at the time you were previously scheduled to work.

Visas

I’m an international member of staff. Will taking part in strike action have an impact on my Tier 2/Skilled Worker sponsorship?

Tier 2 and Skilled Worker visa holders will not be penalised for some absences from paid work in the UK, which includes engaging in legally-organised industrial action. This means that a Tier 2/Skilled Worker visa holder's leave to remain will not be affected if such absences cause their salary to fall below the required threshold. If a sponsored worker is absent because they are participating in industrial action which has not been legally organised, this will be considered as an unauthorised absence and can lead to failure to act in accordance with stated visa conditions.

I am an international staff member but I am not sponsored as a Tier 2/Skilled worker. Will taking part in strike action have an impact on my visa?

There is no specific impact on visa status for someone taking part in strike action. However, if you are extending your family visa or applying for indefinite leave to remain as the family member of a British/settled national, please be aware that the UKVI has eligibility criteria around proof of income. There are numerous ways this can be evidenced, including income from a partner or reliance on savings. The immigration rules and guidance do not permit any reduction to the income level that needs to be met on the grounds of taking part in strike action. We would recommend seeking independent legal advice if you are concerned as to how to provide evidence demonstrating that you meet relevant financial thresholds.

Further information about the required proof of income can be found on UK Visa and Immigration web pages.

Health, safety and wellbeing

How do you support staff during the industrial action?

During industrial action, your Head of School/Department, or their nominated deputy, should be in touch with information on action, and support for you. Please speak to them, or your immediate line manager, if you have any questions or concerns. You can also email industrial.action@sheffield.ac.uk

The staff wellbeing web pages offer a number of routes for general support.

Do we require a departmental health and safety representative and a trained first aider during strike action?

There is no legal requirement for a departmental health and safety representative. If your trained first aider is on strike or absent and your department requires first aid response, please call security control (ext 4444), who will provide first aid response as needed.

Learning and teaching

I plan to flip all my teaching online during strike days - is this okay?

Please speak to your Head of School/Department in the first instance. Moving teaching online will depend upon the nature of the session, and for laboratory and practical sessions this may not be appropriate. With classroom-based teaching, we encourage Heads of School to take pragmatic decisions based on local circumstances.