University of Exeter Policy on withholding of pay during industrial action
Taking part in industrial action is a breach of your contract of employment.
The University is entitled to withhold pay of staff who breach their contract of employment by participating in industrial action, whether in the form of strike action or action short of a strike.
In the event of a strike, the University will withhold 1/365 of your annual salary for each day of strike action. The University will not re-instate any pay which has been withheld once the employee resumes their full contractual duties.
In the event of a strike of less than a whole day's duration, the University reserves the right to withhold a whole day's pay (ie 1/365 of your annual salary). However, at its discretion, the University may decide to withhold a smaller sum for any specific strike without prejudice to its right to withhold a whole day's pay for any subsequent strikes of less than a whole day's duration. The University will not re-instate any pay which has been withheld once the employee resumes their full contractual duties.
UCU Strikes, July 2023
If you participate in the UCU strikes on Monday 17 July, Wednesday 19 July, Friday 21 July or Monday 24 July:
Immediately on your return to work you should use the report your participation in the strike using the online Strike Action Form in iTrent Self Service. You should do this no later than by 10am on the first day of your return to work. For guidance on how to enter the days you have been on strike see this guide.
If you take part in the UCU strike action during July 2023, the University will withhold 1/365 of your pay for each day you are on strike.
Colleagues employed as Postgraduate Teaching Associates who are participating in the strikes in July should report this by emailing humanresources@exeter.ac.uk with the dates they were on strike.
Adjustments to pay for the July 2023 strikes will be applied in the August 2023 pay period.
Alternative arrangements will be applied to any staff members who leave the employment of the University in July 2023.
The University will not accept the partial performance of the contract of any member of staff. This means that if you decide to take part in action short of a strike by refusing to undertake part of your contractual responsibilities, you would consequently not be entitled to your contractual pay from the date when you started to participate in the action.
The University's policy not to accept partial performance means that if you breach your contract of employment by refusing to fulfil your contractual duties in full then the University reserves the right not to pay you for any other work you voluntarily choose to do while participating in the action short of a strike.
Where such a breach of contract does occur the University reserves the right to withhold 100% of pay, at a daily rate of 1/365 of annual salary, and to continue to withhold pay until the employee resumes their contractual duties in full. The University will not re-instate any pay which has been withheld once the employee resumes their full contractual duties.
However, based on an assessment by the University of the impact of a specific action short of a strike, the University may decide to withhold a smaller sum, proportional to this impact, for a specified period, without prejudice to its right to withhold 100% of pay for any subsequent action short of a strike. The specified period will be determined by the University based on an assessment of when the continued action short of a strike will begin to have a very serious impact on students and the University. At this point in time the University would then withhold 100%. If, during the specified period of time when a smaller sum was withheld, the action short of a strike escalated and the impact seriously increased, the University would then withhold 100%.
The University reserves the right to withhold pay while you are participating in the action short of a strike. However, the University will be reasonable and proportionate in the way we approach the withholding of pay for anyone who is participating in action short of a strike. We know that as a community we all share a deep commitment to student learning.
If you do not undertake all your marking and assessment activities because you are participating in the UCU marking and assessment boycott, this is a breach of your contract of employment. The University does not accept partial performance and reserves the right to withhold 100% of pay and not to pay you for any other work you voluntarily choose to do while participating in the action short of a strike. (See "Partial Performance of contractual duties (action short of a strike)" above.)
Initially, the University will withhold pay at 50% for each day you are participating in the marking and assessment boycott at a daily rate of 1/365 of annual salary, excluding bank holidays and weekends (ie for Monday to Friday only), as set out in the table below.
The leadership of the University will review the impact of the industrial action and reserves the right to withhold 100% from a date to be notified subject to the outcome of that review.
For information on how to record your participation in the marking and assessment boycott, see the guide on Using iTrent to record Marking and Assessment Boycott (.pdf).
We will ensure that pay is not withheld from colleagues who are unable to complete their marking on time for reasons unrelated to the UCU marking and assessment boycott. Colleagues should advise their Education Hub if they will not be able to submit marks by the notified date. If you are unable to complete your marking and assessment activities within the agreed timelines because of sickness, annual leave or other leave/absence, this should be evidenced by following the reporting requirements for sickness absence, booking annual leave and requesting other leave.
For previous adjustments to this policy see:
- Director of HR’s message of 15 June 2023
- Director of HR’s message of 21 June 2023
- Director of HR’s message of 6 July 2023
- Director of HR’s message of 17 July 2023 and University and Exeter UCU agreement of 17 July 2023
If you are continuing to participating in the MAB after Tuesday 18 July, pay will be withheld from the revised date of Thursday 1 June 2023, as set out in the University’s policy on the withholding of pay for action short of a strike on this webpage.
Update 7 August 2023
Pay will be withheld until the earlier of (a) the academic to whom the marking was assigned confirms in writing to their Head of Department* that they have resumed marking and agreed with their Head of Department a priority timetable for the completion and submission of all outstanding marking/moderating and other related assessment activities (including PGR assessments) at the earliest opportunity, or (b) marks are submitted by a substitute marker.
* You should email your Head of Department and copy this to your Deputy Pro-Vice-Chancellor and/or Associate Pro-Vice-Chancellor for Education. This information will be shared with Human Resources for calculation of pay withholding. In the absence of your Head of Department, your Associate Pro-Vice-Chancellor for Education or Deputy Pro-Vice-Chancellor will arrange to meet you to agree a priority timetable.
The University has agreed that the maximum number of days for which pay which will be withheld in each of the August and September 2023 pay periods will be 10 days. Where applicable the balance of days for which pay will be withheld will be carried forward to the next pay periods.
Update 20 September 2023
The UCU called off its national marking and assessment boycott on 6 September 2023. As part of an agreement with Exeter UCU, the University has agreed to limit the number of days’ pay which will be withheld for participation in the marking and assessment boycott to 30 days (at 50%) for colleagues who complete outstanding marking by Friday 22 September.
| Assessment activity |
Pay withholding for colleagues who are participating in the marking and assessment boycott. Please note that the start dates below are subject to the 1 June 2023 date set out in the 17 July 2023 agreement. |
|---|---|
| Marking assigned before 20 April, with submission deadline in May |
Pay will be withheld from 20 April 2023 until the academic to whom the marking was assigned confirms in writing to their Head of Department that they have resumed marking and agreed with their Head a priority timetable for the completion and submission of all outstanding marking/moderating at the earliest opportunity, or until marks are submitted by a substitute marker. |
| First marking assigned from 20 April |
Pay will be withheld from the date that marking was assigned to you, ie the first working day after the examination/assessment took place until the academic to whom the marking was assigned confirms in writing to their Head of Department that they have resumed marking and agreed with their Head a priority timetable for the completion and submission of all outstanding marking/moderating at the earliest opportunity, or until marks are submitted by a substitute marker. |
| Second marking and moderating |
Pay will be withheld from the date marking was due to be submitted until the academic to whom the marking was assigned confirms in writing to their Head of Department that they have resumed marking/moderating and agreed with their Head a priority timetable for the completion and submission of all outstanding marking/moderating at the earliest opportunity, or until marks are submitted or by a substitute marker/moderator. |
| Practical assessments |
Pay will be withheld from the date the test was scheduled to run until it takes place on a rearranged date or until the academic responsible for the assessment confirms in writing to their Head of Department that they have resumed all assessment activities and agreed with their Head a priority timetable for the completion and submission of all outstanding assessment activities, including practical assessments, at the earliest opportunity. |
| Not attending an academic misconduct hearing |
Pay will be withheld for the date you do not attend. |
| Not attending an APAC or Mitigation Committee |
Pay will be withheld for the date you do not attend. |
| Not making yourself available to respond to queries on the day of an examination |
Pay will be withheld for the date of the exam. |
| Setting examinations/assessments or questions |
Pay will be withheld for each working day from the day that examinations/assessments were expected, but were not provided, until the examination/assessment is provided, or until the academic responsible for the examination/assessment confirms in writing to their Head of Department that they have resumed all assessment activities and agreed with their Head a priority timetable for the completion and submission of all outstanding assessment activities at the earliest opportunity. |
| Nomination of examiners for PGR vivas |
Pay will be withheld from the date of thesis submission (or 20 April where later) until the nomination process is complete or until the academic confirms in writing to their Head of Department that they have resumed all assessment activities and agreed with their Head a priority timetable for the completion of all outstanding marking/moderating including PGR assessment activities. |
| Setting PGR viva examinations |
Pay will be withheld from 3 months after the date of thesis submission (or from 20 April where later) until a viva examination date is set or until the academic confirms in writing to their Head of Department that they have resumed all assessment activities and agreed with their Head a priority timetable for the completion of all outstanding marking/moderating including PGR assessment activities. |
| Internal examiner/Non Examining Independent Chair (NEIC) not attending a PGR viva examination |
Pay will be withheld from the date the viva was scheduled to run until it takes place on a rearranged date or until the academic confirms in writing to their Head of Department that they have resumed all assessment activities and agreed with their Head a priority timetable for the completion of all outstanding marking/moderating including PGR assessment activities. Where it is possible within University regulations for the viva to take place on the original scheduled date, pay will be withheld for the date you do not attend. |
| Submission of examiner reports for PGR viva examinations |
Pay will be withheld from the date the examiner reports were due back (or from 20 April where later) until the examiner reports are received or until the academic confirms in writing to their Head of Department that they have resumed all assessment activities and agreed with their Head a priority timetable for the completion of all outstanding marking/moderating including PGR assessment activities. |
| Marking of post-viva PGR thesis amendments |
Pay will be withheld from the date the outcome of the amendments were due (or from 20 April where later) until the outcome of the amendments are received or until the academic confirms in writing to their Head of Department that they have resumed all assessment activities and agreed with their Head a priority timetable for the completion of all outstanding marking/moderating including PGR assessment activities. |
| PGR Upgrades |
Pay will be withheld from the date the Upgrade was scheduled to run until it takes place on a rearranged date or until the academic confirms in writing to their Head of Department that they have resumed all assessment activities and agreed with their Head a priority timetable for the completion of all outstanding marking/moderating including PGR assessment activities. |
If you are participating in the UCU action short of a strike which commenced on 23 November 2022 and you complete the priority activities set out in the communications sent by the Director of HR (21 November 2022 and 31 January 2023) and your Faculty Pro-Vice-Chancellor (1 December 2022 and Monday 13 February 2023) then the University will not withhold any pay for breach of contract for action short of a strike.
If you have not complied with the priority activities set out in these communications, the University reserves the right to withhold pay from you for each day you are in breach of your contract of employment. Any pay withheld for this action short of a strike will be additional to pay withheld for not completing your contractual marking and assessment activities (see "Boycott of Marking and Assessment 2023").
In cases of a strike (or action short of a strike) where a whole’s day’s pay is withheld, this may lead to a loss of pensionable service for each day of the strike.
This means that the University is not obliged to pay pension contributions where pay is withheld for participating in a strike of one or more days' duration.
For each instance, the University will exercise its discretion whether to apply one of the following options (and notify employees in advance of the action):
(a) the employee can choose to pay both the University and employee contributions for each day of action, but they must notify this to the employer before the action takes place. This will mean that the day(s) of industrial action will count towards pensionable service.
(b) alternatively, the employee can elect not to make up the University and employee contributions for each day of action – in which case the day(s) of industrial action will not count towards pensionable service – but they can choose to pay a charge for maintaining their death in service benefits. Again, they must notify the University of this choice before the industrial action commences.
(c) the University can use its discretion to continue to make its employer contribution: in this case the employee will continue to make their contribution. This will mean that the period of the strike will continue to count as pensionable service.
UCU Industrial Action 2022/23
For the UCU industrial action commencing November 2022, the University have decided that option (c) above will apply. Pension contributions will continue to be paid by both the employee and the employer based on your pay before any withholding of pay due to strike (or action short of a strike). This means that the period of strike action will count towards your pension benefits.
The University reserves the right to review this arrangement if further industrial action takes place in 2023.
Date of this version – 20 September 2023