UCU industrial action

Last updated on 13 June, 2023

At Loughborough we are very proud of our student experience, which is a function of both the dedication of our staff across both our campuses, the contributions made by the Students’ Union and the engagement and achievements of our students.

Unfortunately, a small amount of teaching at Loughborough in Semester 1 and 2 of 2022/23 was affected as a result of national strike action called by the Universities and Colleges Union (UCU) which affects 150 universities across the UK. The University campuses in Loughborough and London remain open as normal. 

UCU has now asked its members to engage in a national boycott of marking and assessment. We remain committed to addressing the issues contained in the dispute at a local level and will be working with UCU locally on this. We have put in place arrangements which will help us to manage the impact of any boycott at Loughborough in a way that supports our students, including our final year students who will be graduating this summer.

FAQs for Students

Will I be affected by the marking and assessment boycott?

As with the strike days prior to the last vacation period, we expect disruption to be very limited for most students, although impact may vary across the University, with some Schools or Departments affected and not others. We wish to reassure all students that exams and other assessments are going ahead as planned, and we will award degrees and hold graduation ceremonies as scheduled. Our priority remains to ensure that assessment proceeds essentially as planned, and no student is disadvantaged through the assessment process.

Will I get my work back within the normal turnaround time?

We will make every effort to ensure that coursework marks and/or exam results are available as normal. In exceptional circumstances, if there are going to be any limited delays to marks being available for a small number of students, we will let you know.

Will my marks be affected?

No. We will closely monitor any impact from industrial action on specific modules and ensure that appropriate steps are taken to ensure that students are not disadvantaged.

If it is deemed appropriate, we will operate our existing mark scaling policy as detailed in paragraph 12.2.7 of the Academic Quality Procedures Handbook. We will also be closely monitoring the marks profiles of individual students, as is normal practice, in the light of the information we have gathered about which modules were affected by the industrial action.

How do I know that my work has been marked rigorously and fairly?

Please be assured that we will be maintaining the quality of the marking of your work at all times. We have a number of Loughborough University Quality Assurance processes for marking and assessment. These include ensuring that markers have relevant experience and support to assess, that moderation processes are in place and that marks are carefully checked and scrutinised through our exam board procedures.

We also have a range of measures we can deploy, if required, to ensure that industrial action does not negatively impact upon student outcomes. You can therefore be confident that your work has been marked rigorously and fairly, and in the standard of your degree and that your grades reflect your hard work and achievements.

I am a finalist. Will my degree classification be affected?

We have no planned changes to how your degree will be classified as a result of the industrial action alone as any issues should be addressed at the module level. We will monitor any impact from earlier strike action on specific modules and ensure that appropriate action is taken to ensure that students are not disadvantaged as described in the section above.

Will I need to complete a Mitigating Circumstances form?

For most students, there should be no need to complete a Mitigating Circumstances form because of the industrial action. We will gather detailed information on how the industrial action impacted each module and, if we consider it appropriate, we will take steps to mitigate this as described in other sections on this page. 

We are working closely with Loughborough Students’ Union to ensure that any actions taken are fair and reasonable.

If you feel that your work has been disproportionately affected by industrial action because of your own individual circumstances you should initially seek advice from your School, Personal Academic Tutor and/or Student Services and then you may wish to complete a Mitigating Circumstances form.

Where can I get more support if I am particularly worried by the industrial action?

If you have any concerns about the impact of the marking and assessment boycott on your well-being, we would encourage you to take advantage of the University’s Student Services, including the Wellbeing Advisers, who can offer wellbeing and other support if you are feeling anxious.

You can also contact LSU Advice, a confidential independent advice service in Loughborough Students’ Union. Concerns about any impact on your studies should be directed to your School in the first instance.

Will teaching sessions be rescheduled if they were cancelled?

Some teaching sessions may have been rescheduled or learning materials provided through alternative routes such as via Learn. Best efforts will be made to ensure that alternative resources are provided where possible to cover any lost learning opportunities from the strike action. Staff will be asked to ensure modules for the next academic year, 2023/24, will take into account any impact on pre-requisite modules this year.

We will ensure that no student is disadvantaged in their assessments as a result of the strike action.

Will I be assessed on topics that were not covered because of the earlier strike action?

No. Staff have been advised that they should set assessments (e.g. exams, coursework or other assignments) which students have the best possible opportunity to complete based on the material taught prior to the assessment, whilst ensuring that the overall learning outcomes of the module/degree programme are met.

We will put in place additional checks as part of our examination preparation protocols to ensure that examinations set on any modules which were affected by strike action cover only topics which you have already been taught. We will also have additional checks in place after the examinations to ensure that no students' marks have been affected.

I am worried that my dissertation/project work will be affected. What can I do?

We understand your concerns and would like to reassure you that we will take into account any instances of reduced supervision as a result of the industrial action and will ensure that appropriate steps are taken.

Supervision arrangements, credit weighting and hand-in deadlines vary across different subjects and therefore it is likely that some students may be more affected than others.

If you feel that your work has been disproportionately affected, then you should complete a Mitigating Circumstances form.

Will my attendance record have been affected by the strike action?

No. If any of your teaching sessions were cancelled during the period of industrial action, we did not operate our normal Attendance Policy.

Students who are holders of Student visas will not be penalised because of strike action.

Will I receive financial compensation for any teaching sessions missed?

The impact of the industrial action is likely to be highly variable across the University, with many Schools and Departments affected only to a limited degree. Whilst we understand that some students, particularly those who may have missed a significant number of scheduled teaching sessions in the period of the industrial action, may feel the University should offer them a tuition fee refund, our priority is to mitigate the impact of any sessions which were missed in line with our commitments under the regulatory framework of the Office for Students.

We will gather detailed information on the impact of the industrial action on every single module, and where applicable, for individual students. We are aware that many teaching staff will make efforts to provide material which may not be formally taught during the industrial action. We will endeavour to ensure that opportunities are available for students to access any content missed and that the learning outcomes of the degree programmes have been met.

Please see the FAQ: Will my marks be affected? for how we will ensure you are not disadvantaged in assessment.

If you consider that the teaching on your modules has been significantly affected by the industrial action, and this has not been mitigated appropriately through the provision of additional learning material, the University will consider your situation on a case by case basis. Please refer to the FAQ about making a complaint.

If I want to make a complaint as a result of the industrial action, what should I do?

You should follow the University’s normal procedures under Ordinance XXXVIII for making a complaint, unless your concerns relate to the marks you have been awarded in which case you should instead submit an academic appeal after Programme Board decisions have been published and you have received your results for this academic year.

If you wish to make a complaint, you might like to bear in mind the following points to assist us in addressing your concerns in a timely manner:

  • Please make clear in what way you believe the University has not fulfilled its responsibilities to you as a result of the industrial action, providing details of the modules, specific teaching sessions and/or assessments which were impacted;
  • Please explain carefully how you think you have been adversely affected. As noted above, if your concerns relate to the marks awarded, then please follow the academic appeals process instead;
  • Please explain why you feel that the mitigating actions taken by the University have not been adequate;
  • Please provide an indication of the action you seek from the University.

Your complaint will be considered under the formal complaints procedure and should be addressed to the Academic Registrar in the first instance via student complaints.

Complaints in relation to the industrial action in a Semester will only be considered in full after the results for that Semester have been released to students.

Please note that formal complaints will need to be submitted within three months of the date on which relevant results were released.

FAQs for Staff - Marking and Assessment Boycott

Despite ongoing collaborative relations between UCU locally and the University, regrettably, UCU have initiated a marking and assessment boycott. Further information on the boycott and the impact for staff who are participating or considering participating in the boycott is available below. These FAQs will be reviewed and updated regularly.

About the Boycott

Why is there a marking and assessment boycott?

The Universities and Colleges Union (UCU) is in dispute with universities at a national level on a range of matters. These are pay, casualisation, equality and workload. The dispute has been ongoing for some time and they have initiated at marking and assessment boycott as part of their industrial action.

When did it start?

The boycott commenced 20th April 2023.

When will it end?

Unfortunately it is not known when the dispute will end. We are working hard at a local level to address the issues where we are able to and we have called on parties at a national level to resume talks in order to find a way to resolve the dispute. UCU’s mandate for industrial action ends on 30th September 2023.

What happens if people participate in a marking and assessment boycott?

If an employee chooses to participate in a marking and assessment boycott which is part of a union’s lawful industrial action, they will cease to carry out any marking and assessment activities for the duration of the dispute and will effectively be in breach of their contract of employment.

This is because they will not be fulfilling their contractual obligations and will only be carrying out partial performance. An employer can choose whether to accept the employee’s partial performance or to reject it. The University rejects partial performance.

If an employer rejects the partial performance  then it has the right to withhold pay from any employees who participate in the boycott.

What is the legal basis for withholding pay for a marking and assessment boycott?

The Employment Rights Act 1996 makes it clear that pay can be withheld from employees in the event that they participate in industrial action.  A High Court case, Spackman v London Metropolitan University confirmed that employers are entitled to withhold full or partial pay for partial performance of duties where the employer has rejected partial performance.

The University senior leadership team is of the view that, although it would be entitled to, withholding 100% of pay would not be appropriate given the strong local relations and the commitment on both sides to address the issues contained in the dispute at a local level. However, we reserve the right to withhold 100% of pay should it become necessary to do so, although we very much hope it will not.  Further information on the University’s position is provided in the section below.

What is the difference between pay deductions and withheld pay?

Pay is deducted where an employee has worked and earned the pay but a deduction from that pay needs to be made. As employees who are participating in lawful industrial action are in breach of contract and therefore not fulfilling their contractual obligations, they are not earning any pay so pay cannot be deducted. Instead pay is deemed to be withheld.

The University’s Response to the Marking and Assessment Boycott

What is the University’s position on withholding pay for industrial action?

The University’s policy can be summarised as follows:

  • The University will work collaboratively with the relevant trade union in accordance with the Partnership Agreement with the aim of concluding any industrial disputes as quickly and as effectively as possible in order to avoid industrial action, where possible.
  • The University will withhold pay at the equivalent of a day’s pay for every day that a person participates in strike action. For staff on grade 6+ this will be at a rate of 1/365th.
  • The University does not accept action short of a strike amounting to partial performance and reserves the right to withhold 100% of a person’s pay if they participate in such action which constitutes a breach of contract.
  • Any work undertaken while participating in such action short of a strike will be deemed to be voluntary and without any right to be paid.
  • The University may, at its discretion, decide not to withhold full pay initially and may withhold a percentage of pay. Any payment will be made on a discretionary basis and without prejudice to the right to withhold pay at a rate of 100%. It will be subject to the usual deductions for tax and national insurance.
  • Any decision on the percentage of pay to be withheld will be determined based on the facts of the particular industrial dispute. This will take into consideration a range of factors including the proportion of work being boycotted as well as an assessment of the likely impact of the action on the operations of the University.

What is the University’s position on this boycott?

Participating in a boycott constitutes partial performance which is a breach of a contract of employment. The University does not accept partial performance. As a result, pay can be withheld in its entirety. We recognise that any work that a person does while they are in breach of contract is voluntary. Although we will therefore not be expecting staff to carry out any work, we know that many will choose to continue to carry out activities and have therefore decided to only withhold pay at a rate of 50%.

Pay for industrial action for staff on grade 6+ is withheld at a rate of 1/365. We will therefore be withholding pay at this rate. As we do not expect academic colleagues to carry out marking and assessment activities at the weekend, pay will be withheld for five days out of seven, each week.  Pay will also not be withheld on any bank holidays. This means that the actual rate that pay will be withheld will be approximately 35%.

Pay for participation in the boycott will be withheld the following month. So pay for participation during May will be withheld in your June salary.

Why have you decided to withhold pay in response to the marking and assessment boycott?

The University participates in national pay bargaining and UCEA (Universities and Colleges Employers Association) acts on behalf of employers to negotiate with trades unions each year. The University has the opportunity to contribute to these discussions each year when UCEA seeks the views of its members on an appropriate pay award amount.

We have supported this year’s pay award which sees staff receive a minimum of 5% and a maximum of 8% over two instalments, bringing forward the pay award from August 2023 so that staff received an increase in February 2023. This was higher than we budgeted for but nevertheless we were supportive of this increased pay offer.

We have also been supportive of the ongoing talks at ACAS on the other matters contained in the dispute (casualisation, workload and equality) and are prepared to contribute fully to the work to progress them.

We therefore believe we have done all that we can at a national level to help to bring this dispute to a close. As indicated in an earlier update we simply cannot afford a pay award at the levels demanded by the unions.

As always, we remain committed to working with our local trades unions to progress the matters that are important to staff here. We have a good track record of reaching agreement on and implementing changes. In the last two years we have worked together successfully on: 

  • Suspension of PDR ratings
  • Development of Casual Staff Principles (which are currently under review)
  • Implementation of the Real Living Wage
  • Lump sum to staff on grades 1 – 8 in recognition of the cost of living crisis with an overall cost of £3m to the University
  • Participation on the Steering Group for Project Expectations
  • A sector leading response to Covid, supporting both staff and students

We are really disappointed that despite our efforts locally, we are in this position. We delayed making a decision on the boycott in the hope that a resolution would be found to avoid us having to take action, but regrettably this has not been the case.

Why have you decided to withhold pay at 50% (at 5/7 of 50% = 36%) when a small number of other institutions have decided to withhold less pay?

The response of other institutions to withholding pay is variable. Around 28% of institutions are withholding pay at 100%, and 51% of institutions at 50%. We have noted that a very small number of other institutions have chosen not to withhold pay for the boycott or have decided to withhold a proportion of pay lower than 50%. For some of these, they have a pre-existing agreement or policy on withholding pay that they are maintaining linked to previous disputes.

We believe that the boycott is targeted to have a significant impact on operations at the University and on our students’ experience. Additional work for other colleagues includes dealing with complaints from students, increased costs related to making arrangements to cover work affected by the boycott, as well as impact on workloads for staff who are responsible for managing student assessment. Although the proportion of an individual’s time may be relatively small, the impact overall is likely to be significant. It is for this reason that we believe withholding pay at a rate of 50% is appropriate. However, we have made a concession to withhold pay at a rate of 5 days out of 7, and therefore in real terms the amount of pay we will be withholding is around 35%, which is very much at the lower end of the national spectrum.

We have not withheld pay for ASoS during the strike action, ahead of the Marking and Assessment Boycott, and delayed almost one month from this formally commencing before we commenced withholding pay, to give chance for resolution. We will also be maintaining full pension and death in service contributions throughout (including in the MAB).

What are you doing to influence the position nationally?

Throughout these disputes we have worked hard to influence national negotiations. For example, our Joint Statement with UCU on the USS pension dispute has been widely recognised as influential in moving the dispute forward.  

In relation to the current dispute around pay, casualisation, workload and equality, we have been supportive of the national negotiations with ACAS that resulted in terms of reference for work on casualisation, workload and equality and we will continue to work on these important topics at a local level to address the issues that are important to colleagues here.

We supported a pay award that was above what we had budgeted for as we recognise the importance of ensuring staff received an improved offer. Our recent tripartite statement with UCU and LSU joins other voices in higher education in calling for a review of the higher education funding model as a way of addressing the sector wide challenges around pay.

Why can’t you withhold pay proportionately based on the Workload Model?

The Workload Model is a guide for people’s workload across the different types of academic activity and is not designed to be used to calculate people’s pay based on the proportion of time allocated to them for certain activities. Therefore to do this would be inappropriate as it would be using the data in a way that had never been intended. Indeed, colleagues may feel that their workload model allocation is not sufficiently accurate and would have acted differently had they known the data would be used in this way.

This feels like a change in stance by management at Loughborough. Why is this?

The University senior leadership remain committed to addressing the issues contained within this dispute and to working closely with local UCU committee members. There is no change to our position on this.

In the past, we have been successful in finding ways to mitigate or even remove action on campus which has meant we haven’t had to deal with boycotts like this before. Unfortunately that hasn’t been the case this time and so in the absence of any alternative courses of action, we have no option but to make arrangements to manage the boycott as best we can to ensure our students are not disadvantaged.

This is the first time in ~10 years at Loughborough that we have said that we will withhold pay for Action Short of a Strike. But it’s also the first time we’ve had a marking and assessment boycott designed to acutely impact students, who have already had industrial action and a global pandemic to contend with.

We will continue to work with UCU colleagues throughout this dispute to make progress on the issues of casualisation, equality and workload and our commitment to this work is unaffected.

Has the University carried out an equality impact assessment on the decision to withhold pay?

Yes. You can view this here: Marking and Assessment Boycott - Equality Impact Assessment (Word document).

Does the University intend to use agency staff or employ other staff to cover the marking?

It’s unlikely that we will employ agency staff but we are likely to offer work to other people including existing University Teachers or Doctoral Researchers as a way of covering the work where it is deemed appropriate to do so.

How will the University use the pay that has been withheld?

No decision has been taken on this yet but it is likely that it will be used to cover some of the additional costs incurred as a result of the boycott.

Is the University treating the withheld pay as a set-off of projected damages for breach of contract against the full salary, and if so, how has the value of the potential damages to be set off been calculated?

The University has indicated that it does not accept partial performance and that it sees such performance as a breach of contract. In line with the Employment Rights Act 1996, section 14(5), pay can be withheld from anyone participating in industrial action. Although the University reserves the right to withhold pay at 100%, it has taken the decision to withhold pay at 50%.

What costings has the university made for alternative provision to cover the ASOS?

No specific costings have been calculated at this stage, but we are anticipating an increase in expenditure as a result of the boycott.

I have read Government guidance which says that my employer must tell me not to work if I am participating in action short of a strike which amounts to partial performance. Why has the University not done this?

The University has been clear that it rejects partial performance in the form of action short of a strike. It has also made clear that any work you choose to do will be deemed to be voluntary. Academic colleagues have considerably greater freedom over their work than other occupations so there is no need for us to tell you not to work because we have made it clear that any work you choose to do is at your own discretion.

How is the University going to maintain the quality standards of our degrees?

We intend to mark students’ work. We may ask other colleagues who are not participating in the boycott to do this. We will make sure that we only ask people to carry out marking where they are suitably qualified and experienced to do so.

We anticipate that it will not be necessary to use mitigation where we have been unable to secure actual marks but these also exist.

Does the University have any plans to increase the level of pay being withheld?

The University has no plans to increase the amount of pay being withheld at the present time. We very much hope that there will be a positive conclusion to this dispute in the near future. However, the University reserves the right to withhold pay at a higher rate should it deem necessary to do so. In the unlikely event that this will happen, staff will be informed in advance of any change.

Participation in the Boycott?

What should I do if I am participating in the boycott?

If you decide to participate in the boycott, you must inform your Head of Operations within 24 hours of commencing your participation. You are under no obligation to let anyone know before you commence any action, however, you may choose to let your Head of Operations know so that they are able to make alternative arrangements.

I started participating in the boycott before 10th May. What do I need to do?

You will need to declare your participation in the boycott to your Head of Operations within 24 hours. Your pay will be withheld from 10th May but your pay for any participation between 20th April and 9th May will be paid as normal.

At what point will my participation in the boycott commence?

Your participation in the boycott will be deemed to commence on any of the following:

  • The day after students sit the exam you would normally be expected to mark
  • The day after the coursework deadline you would normally be expected to mark
  • The day of any in-person assessments
  • Any other point where assessment and marking activity is scheduled to take place, as determined by the Dean.

When will my pay be withheld?

The University has required colleagues to inform their Head of Operations of their participation in industrial action.

If you inform your Head of Operations within 24 hours of commencing participation in the boycott as set out above, we will make arrangements for your pay to be withheld for the two weeks immediately prior to the deadline for your marking/assessment to be completed and for the marks to be submitted. 50% of your pay will be withheld for the two week period, but this will be on the basis of 5/7 meaning that the actual amount being withheld is closer to 35%.

If you choose not to inform your Head of Operations of your participation in the boycott, your pay will be withheld on an ongoing basis from the date the first piece of marking or assessment is or was made available to you.

How long will my pay withheld for?

This will be dependent on each individual and the marking and assessment work they are required to carry out.

When will my normal pay resume?

If you inform us that you are no longer participating in a marking and assessment boycott, are not offering partial performance of contract, and are completing any work assigned to you, your pay will be reinstated prospectively.

If you had informed your Head of Operations with 24 hours of when the marking or assessment work was made available to you, that you were taking part in the assessment and marking boycott (or by 25 May 2023 for work assigned on or before 24 May 2023 (which is the date this FAQ was updated to clarify)), 50% of your pay will be withheld for a two week period, but this will be on the basis of 5/7 meaning that the actual amount being withheld is closer to 35%.

If you did not inform your Head of Operations within 24 hours, your pay will be deducted indefinitely from the date the work became available until your Dean deems any work is complete or no longer required.

What if I have multiple periods of marking and assessment that I choose to boycott?

Each period of assessment will be treated separately if you inform your Head of Operations within 24 hours of each commencing (i.e. pay will be withheld for two-weeks for each period).

If you did not inform your Head of Operations, pay will be withheld continuously for the full period and intervening time.

Deans have the ability to apply discretion to this arrangement where appropriate.

What should I tell my students?

If you are participating in the boycott you do not need to tell your students anything. Colleagues in the school will ensure that students are informed of the arrangements to mark or assess their work.

I am confused about when my participation in the marking and assessment boycott commences. When do I need to report my participation?

Your participation commences at the point that work is assigned to you which you are not willing to carry out. It does not start at the point that you decide you would have chosen to commence the marking. For example, if you are due to mark exam scripts, you are assigned the work on the day after the exam has taken place and if you decide to participate in the boycott, you are deemed to be participating from this date. The fact that you might have chosen to complete the marking two weeks later is not relevant to whether or not you are participating in the boycott.

If you decide to participate in the boycott after the work has been assigned to you, e.g. two weeks into the window allocated for marking, then unless you submit an appropriate portion of the marking to account for the work undertaken whilst you were not participating in the boycott, you will be deemed to have participated in the boycott from the date the work was assigned to you and your pay will be withheld accordingly.

What happens if I don’t tell the University that I am participating in the boycott within the timeframe specified (i.e. within 24 hours of the work being allocated to me)?

Once the University becomes aware that you are participating in the boycott, your pay will be withheld at the stated rate from the day after the work was made available to you, i.e. the day after the exam or the coursework deadline.

What happens if I choose to do some marking, e.g. marking dissertations but not marking exam papers, for example?

If you choose to participate in the boycott, in whatever form, your pay will be withheld as set out in these FAQs. You may choose not to boycott other forms of marking and assessment but this will not normally affect the rate of which at which your pay will be withheld.

What happens if I am asked to cover marking or assessment activities and do not wish to do so?

If you are asked to carry out marking or assessment activities to cover for someone who is participating in the boycott but you choose not to, then this would not be deemed to be part of the marking and assessment boycott as it does not form part of your normal workload. The University however reserves the right to redistribute tasks within an individual’s workload.

What happens if I decide to participate in the boycott in the period between when the work is allocated to me and the deadline for submission?

If you report your participation in the boycott more than 24 hours after it has deemed to have begun (or within 24 hours of the publication of these FAQs for work already assigned), as set out above, your pay will be withheld from the date on which the work was allocated to you.

If you report your participation in the boycott less than 24 hours after it has deemed to have begun, as set out above, your pay may only be withheld for the two weeks immediately prior to the deadline for submission of your marks.

What happens if I decide to stop participating in the boycott before my marking deadline?

If you inform your Head of Operations in advance of the deadline for completion of the marking and before the marking has been allocated to someone else and subsequently submit your marking on time, no pay will normally be withheld for the boycott.

If you inform your Head of Operations in advance of the deadline for completion of the marking but after the marking been allocated to someone else, your pay will be reinstated from the date you resume your normal duties and it is possible that alternative marking will be allocated to you if appropriate.

If you do not subsequently inform your Head of Operations in advance of the deadline that you have ceased your participation then your pay will be withheld for the duration that you have participated in the boycott.

What does the University mean when it says any work I do while participating in the boycott is voluntary?

Participating in a marking and assessment boycott is deemed to be partial performance, which the University does not accept as it views partial performance as a breach of the contract of employment. When an employee is in breach of their contract of employment as a result of taking lawful industrial action, any work that they choose to undertake is voluntary. This means that the University will not ask or expect you to carry out any work. Therefore, if you choose to carry out any work on a voluntary basis, you will be able to determine what you do.

The University is legally entitled to withhold all of an employee’s pay if they are participating in lawful industrial action.  However, the University has decided, at its discretion, to withhold pay at a rate of 50% in recognition of the fact that many staff will choose to carry out some work activities.  The University reserves the right to withhold pay at a higher rate than 50%.

How can I be participating in the action if I have not commenced my marking duties?

We expect staff to prioritise marking and assessment work during the period of industrial action. The University’s position is therefore that if someone is not ready and willing to carry out marking and assessment duties then they are in breach of contract as soon as marking or assessment work is available for them to carry out.

Every year, people submit their marking late. Why am I being penalised by having pay withheld when they do not?

People failing to meet deadlines is a performance issue which should be dealt with appropriately. It is different to participating in a marking and assessment boycott where an employee is unwilling to carry out certain aspects of their role as part of lawful industrial action.

I would normally do marking on some days but not on others so why are you withholding my pay on a continuous basis?

Unlike strike days which are deemed to be discontinuous (unless they occur on consecutive days), participation in partial performance through lawful industrial action such as a marking and assessment boycott is a continuing act because a person is unwilling to carry out the work question on an ongoing basis.

The guidance states that the Dean may make a determination on when a person’s marking and assessment duties have been completed. What does this mean?

For most people the point at which any marking and assessment activities have been completed will be pretty clear. For many, it will be the date on which the marking should have been completed and returned to the relevant person in the school. For some it may be later than this because they are required to carry out other assessment activities such as dealing with student mitigation, student misconduct or moderation. The reference to ‘as determined by your Dean’ is to ensure that if there are any activities where the end date is less clear, the Dean will be able to advise on when this should be.

Impact of Participating in the Marking and Assessment Boycott

What will happen to my pension?

We will continue to pay the employers’ contribution and deduct employee contributions as though you had worked normally. If you do not want this to happen, please contact payroll@lboro.ac.uk.

Will any other terms and conditions be affected?

No. Only your pay will be affected. All your other terms and conditions, including annual leave entitlement, sick pay, continuous service will be maintained.

What happens if I am off sick during the boycott?

If you become unwell during the boycott, you should report your absence in the normal way. You will receive sick pay in accordance with your sickness entitlement. If you resume your participation in the boycott on your return to work, you must notify your Head of Operations and your pay will be adjusted accordingly.

Can I take annual leave while I am participating in the boycott?

You may take annual leave subject to normal school procedures for requesting annual leave.

Can I participate in the boycott if I am on a tier 2 or skilled worker visa?

Yes, you are able to participate in legally organised industrial action (as this is), without there being an impact on your visa or your right to live and work in the UK. However, you must report your participation without delay so that we can report this to the Home Office. Reporting to the Home Office does not affect your visa conditions.

Does participating in industrial action have any impact on my statutory entitlements, e.g maternity pay?

If you participate in any industrial action including this boycott, this may affect your qualifying service for statutory entitlement to maternity, adoption or shared parental pay. Any weeks in which you participate in industrial action (even for just one day within the week) will not count towards your qualifying service.

I have two jobs at the University. How will my pay be withheld?

Your pay will be withheld for the job in which you are participating in the boycott. If you have another job which does not include marking and assessment activities for you to boycott then your pay for this role will be unaffected.

My role is externally funded. What will happen to the withheld pay?

The withheld pay will be retained in the project.

If I am working on a voluntary basis what does this mean for my status at the University?

Throughout the period that you are in breach of contract as a result of participating in lawful industrial action you will remain classed as an employee of the University. Your status will not change. Any work you choose to do will be covered by the University insurance policies.

How will my pay be calculated if I am part time?

Your pay will be withheld on a 1/365th basis which means that 1/7 of your weekly FTE will be withheld for each day that you participate in the boycott.

How will my pay be calculated if I am paid on an hourly rate?

If you do not have fixed hours, we will establish the number of hours that you were due to work each day during the period of your boycott and withhold pay on that basis, by multiplying the number of hours by your hourly rate of pay and then withholding at a rate of 50%.

Can I get another while job while I am participating in the boycott and having pay withheld?

Please see section 29 of the Conditions of Service for Staff on Grade 6 and Above for arrangements for additional external work.

How will the amount of pay withheld be displayed on my payslip?

There will be no alteration to your 1/12th monthly salary amount itemised as ‘Basic Pay’. The amount of withheld pay will be itemised as ‘Marking & Assessment Boycott’ and will show in the same section of your payslip as ‘Basic Pay’. The amount of withheld pay will be applied over the working week only, at 5/7 of 50%.

Worked examples

Scenario 1

Employee has student coursework deadline of 26th May with a deadline for marks to be submitted on 16th June.

Employee notifies Head of Operations within 24 hours of participation

  • Employee informs their Head of Operations that they are participating in the boycott on 30th May which is the first working day after the work has become available to mark.
  • Employee’s pay will be withheld for weeks commencing 5th and 12th June at a rate of 50% by withholding pay for 5 days out of every 7 (so an effective rate of 35%). 
  • Employee informs their Head of Operations that they have resumed their normal duties on 19th June.
  • Pay is restored to full pay with effect from 19th June.

Employee does not notify Head of Operations within 24 hours of participation

  • Employee does not inform their Head of Operations that they are participating in the boycott.
  • At the point at which it becomes known that the employee is participating in the boycott (e.g. the employee decides to disclose this information at a later date or the marks are not submitted by the deadline), the employee’s pay will be withheld from 30th May at a rate of 50% by withholding pay for 5 days out of every 7 (so an effective rate of 35%).

Scenario 2

Employee has student coursework deadline of 26th May with a deadline for marks to be submitted on 16th June. In addition, they have a dissertation deadline of 26th May with a deadline for marks to also be submitted on 16th June.

Employee notifies Head of Operations within 24 hours of participation

  • Employee informs their Head of Operations that they are participating in the boycott on 30th May which is the first working day after the work has become available to mark.
  • Employee’s pay will be withheld for weeks commencing 5th and 12th June at a rate of 50% by withholding pay for 5 days out of every 7 (so an effective rate of 35%).
  • Employee informs their Head of Operations that they have resumed their normal duties on 19th June.
  • Pay is restored to full pay with effect from 19th June.

Employee does not notify Head of Operations within 24 hours of participation

  • Employee does not inform their Head of Operations that they are participating in the boycott.
  • At the point at which it becomes known that the employee is participating in the boycott (the employee decides to disclose this information at a later date or the marks are not submitted by the deadline), the employee’s pay will be withheld from 30th May at a rate of 50% by withholding pay for 5 days out of every 7 (so an effective rate of 35%).

Scenario 3

Employee has student coursework deadline of 26th May with a deadline for marks to be submitted on 16th June. In addition, they have an exam to mark which is due to take place on 19th June and has a deadline for marks to be submitted on 7th July.

Employee notifies Head of Operations within 24 hours of participation

  • Employee informs their Head of Operations that they are participating in the boycott on 30th May which is the first working day after the work has become available to mark.
  • Employee’s pay will be withheld for weeks commencing 5th and 12th June at a rate of 50% withholding pay for 5 days out of every 7 (so an effective rate of 35%).    
  • Employee informs their Head of Operations that they have resumed their normal duties and so their pay is reinstated to full pay from 19th June.
  • On 20th June, they advise their Head of Operations that they are participating in the boycott and will not be marking the exam papers.
  • Employee’s pay will be withheld for weeks commencing 26th June and 3rd July at a rate of 50% by withholding pay for 5 days out of every 7 (so an effective rate of 35%).   
  • Employee informs their Head of Operations that they have resumed their normal duties on 10th July.

Employee does not notify Head of Operations within 24 hours of participation

  • Employee does not inform their Head of Operations that they are participating in the boycott.
  • At the point at which it becomes known that the employee is participating in the boycott (the employee decides to disclose this information at a later date or the marks are not submitted by the deadline), the employee’s pay will be withheld from 30th May at a rate of 50% by withholding pay for 5 days out of every 7 (so an effective rate of 35%).   
  • Employee’s pay will continue to be withheld at 50% withholding pay for 5 days out of every 7 for the period that they are due to be marking the exam papers.
  • Pay will continue to be withheld until all marking and assessment duties have been completed as determined by the Dean.

Scenario 4

Employee has student coursework deadline of 26th May with a deadline for marks to be submitted on 16th June. They also have additional marking and assessment activities such as student mitigation or moderation which are due to be completed by 4th July.

Employee notifies Head of Operations within 24 hours of participation

  • Employee informs their Head of Operations that they are participating in the boycott on 30th May which is the first working day after the work has become available to mark.
  • Employee’s pay will be withheld for weeks commencing 5th and 12th June at a rate of 50% by withholding pay for 5 days out of every 7 (so an effective rate of 35%).    
  • Employee confirms that they will be continuing to participate in the boycott as they will not be participating in ongoing activities associated with student mitigation or misconduct or moderation, for example, which form part of their normal duties.
  • Pay will be reinstated to full pay from 19th June but will withheld for a further two weeks at the rate set out above at the point that the employee does not participate in the additional marking and assessment work.

Employee does not notify Head of Operations within 24 hours of participation

  • Employee does not inform their Head of Operations that they are participating in the boycott.
  • At the point at which it becomes known that the employee is participating in the boycott (e.g. the employee decides to disclose this information at a later date or the marks are not submitted by the deadline), the employee’s pay will be withheld from 30th May at a rate of 50% by withholding pay for 5 days out of every 7.
  • Pay will continue to be withheld until all marking and assessment duties have been completed as determined by the Dean.

To find out more about the issues you may like to see the news pages of the groups involved: