Policy on Industrial Action
Contents
- Policy Statement
- Responsibilities
- The Roles and Responsibilities of SOAS Managers During Industrial Action
- Industrial Action: Code of Practice for SOAS Employees
Policy Statement
This policy sets out the arrangements that will be put in place across the School of Oriental and African Studies (the School) in the event of industrial action. This policy applies to all the School’s employees.
It is the objective of this policy that in the event of industrial action, there are lawful, fair and consistent arrangements in place to ensure that all employees and students at the School are protected accordingly.
The School recognises the right of its employees to take lawful industrial action but, at the same time, reminds its employees of the consequences of such action.
Responsibilities
1. Executive Board
The School’s Executive Board members are responsible for ensuring that all relevant governing body members and School managers are made aware of the intended industrial action and that the necessary arrangements are put in place.
The Executive Board should ensure that the School’s managers are fully aware of their delegated authority, responsibility and involvement and that everyone is kept informed of progress with the dispute on a regular basis.
2. The School’s managers
School managers will be advised what action the School will take in accordance with the The Roles and Responsibilities of SOAS Managers During Industrial Action and Industrial Action: Code of Practice for SOAS Employees outlined below.
3. School employees and the School recognised trade unions
School employees and the School recognised trades unions should ensure that any industrial action against the School is lawful and in accordance with the Industrial Action: Code of Practice for SOAS Employees outlined below.
Both UCU and UNISON must include in any Notice of Industrial Action as much information as they possess as to the number, category or workplace of the employees concerned so that the School is able to take necessary management action having been advised of potential strike action.
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THE ROLES AND RESPONSIBILITIES OF SOAS MANAGERS DURING INDUSTRIAL ACTION
During industrial action, and depending on what action is being taken, roles and responsibilities will vary depending what areas of responsibility are covered.
School managers in conjunction and with the support and advice of Human Resources, will be advised on how best the School will:
- Carry out any appropriate action during a dispute required by the School’s Executive Board;
- Establish which employees took part in industrial action;
- Ensure that all staff are aware of this document containing the School’s Industrial Action: Code of Practice for SOAS Employees;
- Ensure that all statutory requirements relating to industrial action are adhered to during the dispute, including the School’s responsibility for health and safety of its employees and students who remain in the workplace
Industrial Action: Code of Practice for SOAS Employees
Aim of the Code
The aim of this Code is to ensure that:
- Employees are given a clear indication of the School’s likely response to industrial action and their responsibilities under the law;
- There is consistent and fair handling of industrial action;
- Reasonable support and protection is given to those employees not taking part in industrial action;
- Employees taking lawful industrial action on the instruction of their Trade Union are not subsequently discriminated against;
Legal requirements
School employees are reminded that in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992:
- Peaceful picketing is allowable, “at or near his/her own place of work for the purpose only of peacefully obtaining or communicating information, or, peacefully persuading any person to work or to abstain from working”;
- Picket lines are restricted to no more than six pickets;
- Secondary picketing in support of employees outside of the School is unlawful
Contractual requirements
- Employees will not receive their normal pay for days absent through industrial action. The effect of this would be that pay would be withheld at the rate of 1/260th for all those taking part in strike action or action short of a strike for each day they take that action;
- The School will not recognise partial performance by an individual during a strike day or action short of a strike where that person withholds their labour for any part of that day. Where School employees participate in industrial action short of strike action the School reserves the right to send the employee home on no pay where this significantly impacts on School business;
- School employees who do not attend work as a result of a refusal to cross a picket line will be treated as employees taking strike action
Any School employee who is a member of either the USS or SAUL pension schemes and who is absent through industrial action will still have their contributions paid in respect of a particular strike day. This is regardless as to whether their industrial action is for a full day or days or a partial day.
Where School employees have previously booked annual leave during a period of industrial action, this will continue to be honoured and normal payment will be made. However, no retrospective booking of annual leave can be made during or following declared industrial action and the School policy is not to allow requests for annual leave on strike days (once they are known).
Other absences besides annual leave and sickness absence
Where School employees have previously agreed with their line manager a School business-related official absence during a period of industrial action, this will continue to be honoured and normal payment will be made. Examples of School business-related absences, which are not exhaustive, might be Academics attending School business-related conferences; supervising a research or educational field trip; working from home; or paid Sabbatical leave. However, no retrospective booking of School business-related absences can be made during or following industrial action.
Where School employees have committed themselves to industrial action and subsequently are “unfit for work”, including certified sickness, normal sickness payments will not be made. Payment will only be reinstated from the date of receipt of written notice of an employee’s withdrawal of industrial action. No retrospective claims will be permitted.
Action short of a strike
Where an employee takes part in action short of a strike this represents a breach of his/her contractual obligations which is also - like strike action - a breach of contract. Partial performance with the object of disruption will not be accepted by the School and employees are warned that such action is likely to affect their pay as set out in this policy under pay.
Any School employee who breaks the law and/or the School's Code of Conduct whilst participating in industrial action will be in breach of their contract and as such may be subject to the School’s Disciplinary Procedure.
At the end of industrial action, School employees will not harass, intimidate, abuse or show less favourable treatment to other employees on the grounds that they did or did not participate in strike action. Any examples of such will be treated seriously and dealt with in accordance with existing policies and procedures (e.g. Disciplinary Policy, Grievance procedures and Dignity at work policy).
Employees remaining at work
Employees who choose not to take part in industrial action will be expected to undertake their normal duties.
Where essential School business is not being delivered or an employee cannot gain access to their workplace because of an obstruction, employees may be requested to undertake duties outside of their normal job description and/or be moved to another School building location. In such cases, School
employees will not be put at any risk to their health and safety.
Advice and support
Please contact the HR Directorate to access the various advice and support services available.
HR Directorate
SOAS
February 2011
