Amicus in Higher Education: Issue 7–Jun05

Pay for 2005 an Insult say Joint Union Statement
Dealing with Stress in the Workplace
Funding for Pay – Where Did it Go?
Early Day Motion Tabled on Trade Union Learning Reps
Dispute Resolved at Royal College of Art
Battle likely at Newcastle
Trade Unions and the Environment
Potential Legal Remedy for Bullying
Funding Shortfall Will Cut Jobs and Courses
University of Cambridge close to finalising HERA grades

Pay for 2005 an Insult say Joint Union Statement

The first stage pay negotiations for 2005 took place on 10th May. A joint trade union statement was issued saying, “the joint trade unions representing all staff working in Higher Education have today rejected the employers offer of 5% over 2 years as being entirely unacceptable. All the unions agree that the offer will be regarded by members as insulting. The offer will need to be substantially improved before the negotiators would even consider putting the offer to members”. Mike Robinson, National Officer said “the employers really do not understand, in order to keep pace with inflation and to improve our members pay, 5% over 2 years is just not enough” . The Employers Association has still not responded to an improvement on terms and conditions claim that was submitted in December 2004. Also outstanding is the position on London Weighting. It is understood a meeting of all unions to keep the pressure on Employers took place on the 24th May 2005. Mike Robinson National Officer said about London Weighting “Some of our members have been waiting for an increase on LW for over 10 years. That’s longer than Estragon waited for Godot! A further round of negotiations are due to take place in Glasgow on 23rd June.
Dealing with Stress in the Workplace

Stress is one of the biggest health problems in the workplace, and affects workers in all industries and sectors. Many employers are unaware of their legal obligations regarding workplace Stress. Figures from the Labour Force Survey also revealed that 183,000 people in England and Wales alone were suffering stress or depression caused or made worse by their work, the second largest category of all reported work-related ill-health. Under the Management of Health and Safety at Work Regulations, employers must assess the nature and scale of risks to health in the workplace and ensure there are proper control measures in place. It is therefore beneficial for all organisations to have a Stress policy in place. A Stress policy is a formal written statement explaining what action an employer is taking with regard to stress-related problems in the work place. The aim of the policy is to prevent stress-related problems from occurring if possible, and also to state what action will be taken if there are employees having problems with Stress. For more information about Stress and to download a useful guide please go to www.amicustheunion.org/default.aspx?page=1292 or www.hse.gov.uk/stress/

Funding for Pay – Where Did it Go?

Higher education institutions in England will have received almost £850 million in funding by 2006, which under the terms of the new funding initiative – rewarding and developing staff (RDS) should have been used to improve pay and equality for all staff in higher education. Amicus is concerned that although this money was clearly intended to go towards pay, the DFES and the Higher Education Funding Council (HEFCE) did not do enough to ensure Institutions carried out these objectives. It became clear that some institutions had used the first round of funding in 2001 to address professorial recruitment, to pay consultants, to fund new managerial posts and to expand human resource departments. Mike Robinson, National Officer said “it is obvious that not all this money has not been spent on pay and equality, what is needed is a complete audit of each institution to see where the money has gone and more importantly an explanation from HEFCE about how they are going to address the shortfall in RDS and how they are going to ensure that workers get the money they deserve. Amicus is writing to the new Minister for Higher Education Bill Rammell MP to ask for a full audit be carried out”.

Early Day Motion Tabled on Trade Union Learning Reps

An EDM has been tabled acknowledging the work done by trade unions to encourage and facilitate workers in acquiring the skills that they need. The motion stated ‘that this house congratulates the 100,000 people who accessed learning at work last year via their trade union learning representative, and the union learning representatives who do such a valuable job of assisting them’. The motion also congratulates the Labour Government for the extension of the Union Learning Fund and asks the Government to investigate ways in which union learning representatives can do more to help people with low level skills, by making statutory provision for workplace learning committees to ensure that employers work with union learning reps in a similar way to health & safety reps on health and safety committees. For further information about union learning reps please go to www.amicustheunion.org/default.aspx?page=25

Dispute Resolved at Royal College of Art

After lengthy negotiations and at one point a complete stalemate with management, reps called in their Regional Officer, Naomi Nicholson to negotiate on their behalf with the RCA management. After a series of tense meetings the dispute was finally resolved and the reps and Naomi negotiated 4 years protection across the board for all staff, 6 years protection for any member of staff who is within 6 years of retirement – an agreement that is superior to the national agreement. A joint appeals panel with 50% management and 50% reps was also agreed. Naomi said “the reps worked really hard to resolve this dispute, it is thanks to them that we have resolved the dispute and agreed very favourable terms, a situation that has pleased both reps and management”

Battle likely at Newcastle

A meeting of Amicus members in May heard that University of Newcastle seemed set on breaking the Framework Agreement. So far the University management have unilaterally decided to use Hay as the evaluation method and now seem set to pressurise staff to be interviewed about evaluation without consultation with the local representatives. Mike Robinson National Officer attended a members meeting at Newcastle where a call for a members ballot on a boycott on further negotiations was unanimously supported. The Union is also consulting its lawyers about the position.

Trade Unions and the Environment

A new TUC course has been developed in conjunction with the Trade Unions Sustainable Development Advisory Committee (TUSDAC) to try to actively promote a response to the challenge of climate change, and how workers, unions and employers can work together to change how we work and how to work on sustainability. The course is aimed at workplace reps who are interested in taking a wider view of their role as environmental reps, health and safety reps and any work place reps with an interest in sustainable work places. There are a number of dates and locations for the courses. To access this information and to apply for a place please go to
www.tuc.org.uk/learning/tuc-9761-f0.cfm

Potential Legal Remedy for Bullying

The Court of Appeal has held that an employer can be legally liable for harassment carried out by its employees. Potentially this could mean that someone who is a victim of bullying at work could have a legal remedy without having to leave their job first – as is required for a constructive dismissal claim. The ruling was made in the case of William Majrowski, a clinical audit co-ordinator at Guy’s and St Thomas’ NHS Trust. Mr Majrowski brought a claim under the Protection from Harassment Act 1997 (PHA). Mr Majrowski claimed that his manager’s bullying conduct amounted to harassment so he should be protected by the Act. The Court of Appeal held by a majority that employers are vicariously liable for their employee’s actions in the workplace if these actions amount to harassment in breach of the PHA. This ruling has enabled people who have experienced bullying and harassment at work a legal remedy under the PHA. The criteria for bringing a claim under the PHA for bullying are; there was a course of conduct directed at them that was deliberately intended to cause alarm or distress, the conduct was oppressive and unreasonable, the conduct had occurred on at least two occasions and it was sufficiently closely connected to the employee’s job for liability to be imposed on the employer. It is accepted that it will take a few court decisions to establish how successful this remedy will be but it is a decision that can be cautiously welcomed as providing some legal protection in an area where it has been lacking. For further information about the case please see Majrowski v Guy’s & St Thomas’ NHS Trust (2005) EWCA Civ 251

Funding Shortfall Will Cut Jobs and Courses

Lower than expected funding allocations for UK colleges could mean widespread redundancies and a reduction in courses aimed at adult learners. Out of more than 400 colleges in England three quarters will receive less money from the Learning and Skills Council (LSC) than expected. Many Principles have said that the promise of three year funding plans aimed at stabilising the sector have been ruined. A change in Government policy has meant a focus on provision for 16-18 year olds and this is costing more than the LSC had originally budgeted for, the LSC are hoping to be able to return to three year funding by next year.

University of Cambridge close to finalising HERA grades

Amicus has learnt that University of Cambridge is close to finalising its HERA scores and grades for staff. Details are eagerly awaited as there have only been a couple of examples in pre 92 intuitions of completed grades and full evaluations. It is understood that final approval of the scheme will go to the University’s Council in mid June with a report back and ballot of Amicus members shortly afterwards. Full details of the scheme will then be posted on the Cambridge Reporter website. As soon as Amicus is able to release details we will advise in the next e bulletin.

This bulletin has been produced by Janet Golds, Research Officer for the Higher Education Sector. If you have any news items you would like included in the e bulletin, please contact Janet Golds

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