LUCU News: February 2022

In this newsletter, we report on: USS and Four Fights disputes, Industrial Action, and Health and Safety: Covid.

USS Dispute: Background

Our earlier communications have set out the background to the dispute. In the first of our video explainers, pensions rep Matthew Inglis explained that the cause of the dispute is the extreme level of pessimism in USS’s March 2020 valuation. Since that video was made, USS’s assets have continued to grow. As of December 2021, the scheme’s assets were worth £92.2bn, a figure that the ‘prudent’ assumptions of the 2020 valuation said would not be reached until 2133. In response to these absurdly pessimistic assumptions, UCU called for a new moderately prudent evidence-based valuation. Instead of joining with UCU to insist upon a sensible valuation, the employers’ group UUK prioritised avoiding any financial consequences for themselves by proposing severe cuts of up to 35% to your pension.

Hopefully, you will have logged into the official USS modeller to see how you will be affected by UUK’s proposals. If you haven’t been able to, the graph below provides a guide for different combinations of salary and year of birth. Note that the assumptions that underpin the USS modeller were agreed with UUK and are not disputed. Our employers accept these figures. But despite this, the post-truth comms team at UUK continues to falsely assert that for “the vast majority” of USS members the cut will be between 10% and 18%. Those of us who used the USS modeller know that this is simply untrue.

UCU’s proposal

At our General Meeting on 12th January, members expressed strong support for UCU issuing counterproposals designed to avoid industrial action. This was fed back to national UCU by branch officers, and a national Branch Delegates Meeting was held to discuss the form of these counterproposals. A version of the proposals that attracted strong local support were issued by UCU on 26th January. This solution would involve retaining existing benefits for at least a year, at the cost of contribution rises for members and employers. Critically, the cost to employers would still be within the overall cost envelope of the pension contributions forecast for the 2021/22 and 2022/23 financial years.

The UCU proposal is consistent with the views of USS members as expressed in the recently completed consultation. The responses from the consultation show that most respondents are in favour of maintaining current benefits, even if this means paying slightly more until a new valuation could be completed.

Nevertheless, UUK’s response to UCU’s attempt to resolve the dispute was to issue a statement saying that “The union’s proposal does not appear to be a serious attempt to reach agreement as it doesn’t reflect the views employers have expressed in consultations”. Apparently, UUK is willing to reach an agreement, but only if that agreement reflects their views!

Notably, UUK’s statement was issued without consultation with employers. Following productive discussions with the branch throughout January, the University has replied to UUK as follows:

Loughborough University welcomes the proposal tabled by UCU as an indication of potential first steps towards resolving the current dispute. We have supported in previous consultations a move to conditional indexation, a moderately prudent valuation at the earliest opportunity, and governance changes to USS. These are issues that will need to be resolved in the next period, and we are supportive of UUK and UCU working together to this end.

We strongly welcome UCU’s acceptance that benefit changes are likely to be necessary and see this as a significant change in their position (UCU’s letter says they will accept the ‘[securing of] current benefits or, if not possible, the best achievable as a result of the … valuation’).

We have stated in previous consultations that we believe the current valuation was excessively prudent. It will be crucial to agree in negotiations what constitutes ‘moderate’ prudence. A suggestion would be to return towards the level of risk deemed acceptable in the 2017 valuation.

The ‘back-stop’ position proposed in point 3 commits employers to higher contribution rates whilst employee contributions remain unchanged. Even noting potential changes to benefits, this is not a realistic proposal and would call on UUK to negotiate with UCU to seek equal treatment to employer and employee contributions in this clause and bring total contributions as close as possible to current levels.

We support a pausing of industrial action whilst meaningful dialogue at national level takes place over the coming weeks on the issues above, noting the very tight timeframes involved.

We welcome this recognition from the University that UCU’s proposals were made in good faith as part of a genuine attempt to solve the dispute. Although we disagree with parts of the University’s approach, it is clear that if UUK adopted it then there would be a strong chance of a negotiated solution prior to industrial action. It is now crucial that the Vice Chancellor insists that his representatives do a better job of representing him than they have to date.

Industrial action

You will have received information from Jo Grady, UCU’s General Secretary, announcing that we will be taking industrial action from 14th February if the dispute is not resolved. Before that date USS Joint Negotiating Committee meetings are scheduled to take place on 1st and 11th February, so there is plenty of time for a negotiated solution to emerge. However, if UUK remains intransigent, UCU will consider the implementation of an assessment and marking boycott to follow strike action.

UUK’s cuts are due to be formally confirmed at a meeting on 22nd February, so it is vital that the industrial action – if it is needed – is solid. We must demonstrate that we are not willing to accept such dramatic and unjustified cuts to our pensions, and that we will not tolerate our employers telling us that they want an agreement, but only if that agreement matches their views.

Picket volunteers – as previously please get in touch with branch secretary Marc Gibson – who is again co-ordinating this activity: M.A.Gibson@lboro.ac.uk.

Four Fights

The Four Fights component of Industrial Action begins to run alongside the USS element as of Monday and Tuesday 21^st and 22^nd February.

Industrial action: Organising to Win

We are very pleased to acknowledge a generous donation to the UCU strike funds from our campus colleagues in Unite the Union – a very big thank you!!

Covid Update

The latest testing data shows that the University undertook 7,154 LFTs (figure includes staff and students), with 107 positive Covid cases diagnosed.

Whilst it is acknowledged that trends in infection rates and more serious complications look positive overall, LUCU remains acutely aware of how quickly the outlook might change. In this regard, LUCU commends the comparatively cautious approach taken by LU in its decision to retain its strategy of regular testing for staff and students on campuses, and for its continued support for hybrid working where practicable. LUCU will continue to closely co-operate with Unite and Unison in working with LU management to ensure that members are enabled to work in as safe a way as possible.

LUCU Committee

17th December 202117th December 2021

Notice of General Meeting: USS & Four Fights

LUCU members are invited to attend our branch General Meeting on Wednesday 12^th January 2022 from 1pm. This meeting is open to all members of UCU in the Loughborough University branch and will be held online via Microsoft Teams.

The agenda for this meeting will include USS Pensions and Four Fights. There is a branch delegates’ meeting preceding the HEC on the 18^th January where further decisions around industrial action will be made. This meeting will offer members the opportunity to inform how LUCU’s delegates report back to UCU on the action thus far and future strategy.

If you have a motion you wish the branch membership to consider please submit by no later than 1pm on Wednesday 5^th January. If you want to raise a motion and need some help or guidance then please contact the branch secretary, Marc Gibson, who can advise or, if appropriate, put you in touch with another committee member to help.

The agenda will be sent out 1 week before the meeting along with any motions received as will a link to join the meeting.

LUCU Committee

1st December 20211st December 2021

Industrial Action Bulletin (ASOS) Action Short of a Strike

We are writing to clarify further how ASOS is intended to work during this initial phase of industrial action following new information from UCU as well as further negotiations with local management.

The HEC has opted for escalating ASOS. In the first instance, we are being asked to work to contract: this means that staff carry out the key functions of their roles but do not undertake voluntary duties, and staff should limit their working hours to a reasonable number which, according to the Framework Agreement, for staff in pre-92 universities, the union considers to be a nominal 37 hours per week.

Escalating ASOS is part of UCU’s ‘Reclaim Your Time’ strategy, that is especially relevant in the post-92 sector where contracts mandate more clearly set working hours. Even so, across the sector, it will prepare the ground for an escalation of ASOS when the HEC meets on December 8, 2021. Members are being asked to push back against unreasonable workload demands by management. Reports of excessive workload will be collated by UCU to demonstrate how much free work staff are expected to perform and for falling wages. UCU is cognizant of the fact that this may create workload for members as well as managers, but demonstrating the amount of overwork in the system that staff must perform in what should be their personal time is a vital part of the Four Fights campaign and the campaign to protect staff wellbeing.

Responding to a request to reschedule work

We have been reassured by management that they respect our right to take industrial action, and they agree that asking staff to do work for which they were not paid would not be consistent with the VC’s commitment to “maintaining collegiality and respect for each other” in the context of industrial action – a commitment shared by LUCU. Therefore, members should not routinely expect to receive requests to replace work lost to strike days.

However, the University may request that assessments submitted on a strike day be marked. The current terms of ASOS allow them to make this request. Management have agreed with LUCU that this should happen only if the staff member believes this will not materially add to their workload. If the colleague believes the work related to assessment cannot be accommodated in their current workload, they should report this to their Dean, who will be prepared to adjust their workload to facilitate this. The adjustment to the colleague’s workload should be meaningful. This is consistent with UCU’s current guidance for ASOS whereby members can ask what work they “should not do to so as to compensate you for time spent on replacement activities”.

If you receive a request related to work impacted by the strike action, you may use this template (see here for the template and here for the national guidance) to demonstrate to your manager: how much time the task you are being asked to do will take you to complete and report how many hours above 37 (the notional working week according to the Framework Agreement) you would need to work if you were to undertake the task without compensation. Please copy LUCU into the correspondence with your manager when negotiating on workload. If you would like additional support in addressing how workload will be managed in relation to such requests, please contact UCU@lboro.ac.uk.

LUCU Committee

30th November 2021

LUCU News December 2021

USS: Response to Vice-Chancellor’s email

We have reported on our ongoing work with management related to workload, EDI and casualisation in previous newsletters, so we concentrate here on USS.

We welcome the University’s continuing willingness to discuss these issues with the branch. This has led to a several important developments. Firstly, we are pleased that the University continues to recognise that the current USS valuation is excessively prudent and that, as a result, the cuts to our pensions we are being asked to accept are unnecessary. Secondly, we are also pleased that the University has called for a new evidence-based, moderately prudent valuation to supersede the existing flawed valuation.

Making such a call was one of the two demands that UCU made of employers in the current dispute. Finally, we very much welcome the University’s acceptance that UUK should provide the same level of covenant support to all proposals considered at the Joint Negotiating Committee (JNC). UUK’s refusal to do this in August, with the consequence that UCU’s proposals could not be considered, is a direct cause of the industrial action scheduled.

However, we are disappointed that the University is not willing to call for the current UUK proposals to be withdrawn, the second of the two demands in UCU’s dispute letter. The rationale given by the Vice Chancellor – this would mean that we would be on a path to crippling contribution increases – is unjustified for at least two reasons. The first is that it ignores the fact that employers’ actions put staff on a path to crippling pension cuts. Essentially the Vice Chancellor’s argument is that the costs associated with the flawed 2020 valuation are so crippling that the University cannot risk being exposed to a share of them, so staff must be exposed to almost 100% of these costs instead. This is simply not fair. The second reason is (as explained here) withdrawing the UUK proposals would not involve significant contribution rises until October 2022. This would create enough space to find a negotiated settlement without the need for industrial action. Such a settlement would prevent the unaffordable increases scheduled for that date.

To be clear, the forthcoming industrial action would not be necessary if employers were willing to (i) call for a new evidence-based, moderately prudent valuation, and (ii) withdraw the current UUK proposals, and (iii) enter into good faith negotiations to find a fairer solution. We are very pleased that the University accepts (i) and (iii), but we are disappointed that it has chosen industrial action over calling for the withdrawal of the UUK proposals.

EGM Report: USS/Four Fights/Industrial Action

At the UCU delegates’ meeting on 12 November, the Branch representatives voted in line with the views expressed by Loughborough members at the EGM two days earlier: that is, in support of re-balloting universities that did not reach the 50% threshold, with industrial action to begin in the New Year.

The NEC met the following week and indeed decided to re-ballot those universities, but also to initiate strike action before the Christmas break. Therefore, failing a last-minute breakthrough in negotiations, we will be on strike on December 1-3 inclusive. We encourage you to let students know in advance if you will be taking part in strike action so as to maintain good relations and to avoid causing them undue inconvenience.

We are grateful to senior management for agreeing to delay pay deductions for December strike action until February, and for agreeing to maintain pension contributions during the action.

Pickets

There will be in-person pickets on campus each day. We will meet at the main University entrance at 8:00 am and picket until approximately 11 o’clock. There will be a BBQ on Friday.

BBQ on the Picket Line

To keep members safe, hand sanitiser will be provided as required on picket lines, social distancing will be observed, a list of participants for contact tracing purposes will be kept, and members intending to join the picket are asked to take a lateral flow test before participating.

Members who do not wish to use public transport to attend a picket might consider offering or taking part in virtual forms of action, such as organising a teach-in or using social media to distribute fliers and messages.

If you can support the action by joining a picket, offering a virtual event, or helping to advertise the action, please contact Marc Gibson.

Out of Office Message

Below is a suggested out-of-office message for you to use during the period of industrial action. Of course, please feel free to adapt as you see fit:

I am currently unavailable as I am taking part in the University and College Union’s (UCU) strike action to defend our right to a fair pension. Please redirect your query to the University management, asking them to use their leverage to help secure a return to negotiations.

Solidarity with Leicester UCU

Some of our members will be supporting Leicester colleagues to GTVO in their re-ballot on USS. If you can’t travel to join the Loughborough picket line, but live in Leicester, please consider visiting their picket lines: they propose an 8:30 am start, with each day ending with a rally and march at 11am.

Branch News

LUCU Health and Safety officers undertook a programme of health and safety inspections in one School (as per Regulation 5 of the 1977 Safety Representatives and Safety Committee Regulations), following multiple reports from members in three subject areas who reported excessive workloads and work-related stressors that were having a detrimental impact on their physical and mental wellbeing.

The inspection took place between 26 October and 19 November. Four meetings chaired by a LUCU H&S officer enabled participants (both members and non-members in the School) to feed back on their work experience in terms of Demands (workload, work patterns and environment); Control (how much say they have over how they work); Support (resources provided both centrally by the University and by line management); and Change (how changes are managed and communicated). This was followed up by a survey. In total, we captured feedback from 66 staff.

The data collected revealed significant stress hazards, and a discursive analysis of responses, along with the survey results, was submitted to HR, with a request that management urgently develop an action plan to address the problems (with deadlines for reaching interim targets, as well as long term improvements). We are pleased to report that the University recognizes the validity of concerns about staff wellbeing in the School, and a meeting is scheduled between HR and the School’s SMT to start formulating an action plan. We will continue to monitor the situation through our reps, as well as through consultation with management about progress on the action plan.

New Reps

We would like to welcome two new reps. Saul Albert, who lectures on social psychology in Social Sciences and Humanities, is our new rep in Communications and Media. Tony Sutton, who is a University Teacher in Wolfson, will now be representing members in Mechanical Engineering. Saul succeeds Dominic Wring, while Tony is taking over from Kaddour Bouazza-Marouf. The Branch Committee would like to thank Dom and Kaddour for their many years of excellent service to members in their areas.

LUCU reps serve as essential ‘on the ground’ points of contact for members. If you might be interested in serving as a rep for your area and would like to know more about what the role entails, we encourage you to talk to our Membership Secretary Marie Hanlon.

LUCU Committee

26th November 2021

LUCU Memo to Students

We suggest that colleagues send a message to students in advance of the industrial action to maintain the best possible relations at what can be a stressful time for everyone involved. The branch has created the following message to make this easier: please amend as you see fit for your student groups.

Begins
Subject: UCU Industrial Action – Beginning December 1, 2021

Dear <usual form of address>,

Many of you will know by now that the University and College Union (UCU), the trade union representing academic and academic related staff, has announced a first wave of industrial action over cuts to staff pensions, excessive workloads, job insecurity, and pay levels that have not kept up with inflation. This will impact universities across the sector including Loughborough.

I regret that, unless the strike is cancelled (which, up to the last minute, is not impossible), strike action is likely to impact on your modules that are scheduled to occur between 1^st and 3rd December. This means that teaching will be cancelled, and tutors will not be holding tutorials/office hours, nor answering emails.

I will confirm nearer the time whether the module will be affected by industrial action. If you would like to know more about why your lecturers are taking this action, you can access further information via our local Loughborough UCU YouTube channel.

Kind regards
<your name>
Ends

Template Memo to Students

15th November 201915th November 2019

LUCU Statement regarding the Strike

We are writing about the email sent by the Vice Chancellor on Wednesday 13 November regarding the strike.

The VC is quite right that he engaged with staff, and that he has made a public call for limiting employee contributions to 9.1%. Most Vice Chancellors have not done this and we appreciate the VC has made himself unpopular with some of them. Further, we acknowledge the frustration for our VC that some of the universities where the ballot turnout did not exceed the 50% threshold have less proactive, less sympathetic Vice Chancellors. Moreover we take his expressed concerns about the financial implications of increased contributions by the university seriously and in good faith.

However UCU’s position is that no one, not employees and not employers, need have their contributions increased. Rather at the root of the dispute is the valuation method. The debate is not “who should fund the increases” but whether or not increases are necessary.

The resolution to the 2018 strikes came from the establishment of a UUK/UCU Joint Expert Panel, which was tasked with reviewing the valuation method and proposing a way forward. If the methodology recommended by the Joint Expert Panel in their first report had been implemented, then neither employer nor employee contributions would be going up.

A couple of other points. The VC’s email mentioned that “employees currently contribute 9.6% of salary” but we highlight that this is only true since 1st October 2019. It was 8% before last year’s strike, then went to 8.8% and now has gone up to 9.6%. The email also noted that the USS Trustee includes UCU representatives but two clarifications are in order. First, UCU has nominees not representatives: these nominees are legally independent of UCU, and their actions are not controlled by UCU. Second, in recent weeks one of the UCU nominees, Professor Jane Hutton, was dismissed by USS after raising concerns about their valuation method.

Finally, we note that our VC is in engaging in meaningful discussion with LUCU committee and is making constructive proposals about how we might resolve the situation. We are grateful to have such a proactive and sympathetic Vice Chancellor at Loughborough who engages meaningfully with the branch and we do not take this for granted. We will be in touch again to canvas members’ views on the options as we see them.

LUCU Committee

15th November 201915th November 2019

LUCU Committee Advice to Striking Members

The branch think it important that staff who are considering strike action understand what is legally required and understand the guidance being issued in relation to both the proposed strike action between Nov 25th and Dec 4th and action short of a strike that will continue thereafter.

We believe some managers are making suggestions which are not in keeping with current guidance.

You are not required to give of strike action to management, or to students – although when asked afterwards if you did take strike action, you are required to provide this information.

It is recommended that colleagues give notice on the morning of the strike that they will be absent, as they would if they were going to be absent due to sickness. This is the case whether it involves lectures, seminars, or project supervision. This gives managers the same time frame to notify students of changes. Even though, again, there is no need to do so.

The branch is concerned that some of recommendations from some managers are asking to ensure the ‘smooth running of the programmes’ after December 4th is a request to ignore the action short of strike, thus to act to minimise disruption lessens and undermines the impact of the strike itself.

For more information please see the FAQ’s on UCU’s website.

LUCU Committee