Birmingham UCU

Dear BUCU members,

further to our last email, we are writing now with details of the agreements reached in resolving our dispute with the University management. We believe that this was an excellent outcome and provides clear basis for us to grow in size and influence at the University of Birmingham.

Much of the agreement was achieved in the spirit of ensuring good process in the area of potential redundancies and performance management. We believe that this represents a recognition by the University management that a hostile relationship with staff members and with BUCU is unconstructive and damaging to the interests of the University. It is therefore hoped, on the side of both BUCU and the University management, that this will mark a more constructive relationship. Obviously, should this situation fail to arise, and University management continue to undermine the interests of BUCU members, then we will need to address these problems again and once more assert our interests. What we have achieved for now, however, is a clear recognition that we represent the interests of staff at the University of Birmingham and that we are able to assert those interests in a form that cannot be ignored. We must, therefore, build on this achievement and continue to be diligent in our attempts to protect our working conditions and ensure the construction of a working environment conducive to successful academic careers.

The details of the agreement are as follows:

1. We sought to avoid compulsory redundancies in Sociology, Education, the Institute of Archaeology and Antiquity, and Physiotherapy.

In Sociology, Education, the Institute of Archaeology and Antiquity we have managed to avoid all threatened compulsory redundancies. This was achieved through enhanced voluntary redundancy agreements, the creation of additional posts and extended arrangements for existing posts.

In Physiotherapy we have agreed a ringfencing procedure – whereby external recruitment will be delayed until the threat affecting existing staff has been addressed. This, combined with a number of enhanced voluntary redundancy agreements, has created a situation where compulsory redundancies are very unlikely to occur (although it remains much earlier in the restructure process for Physiotherapy so this cannot yet be confirmed definitively).

2. We sought the agreement of a redundancy avoidance agreement.

We have now reached an agreement with the University management on seeking to avoid compulsory redundancies arising from restructuring proposals . This contains a number of important procedural changes that will provide BUCU with a much firmer role both ahead of, and within, any redundancy consultation process that may occur when the University management considers restructuring.

Our key aims in the redundancy avoidance agreement were as follows:

i. To increase the consultation period beyond the statutory minimum. This was agreed, with a doubling of the consultation period beyond the (new) statutory minimum of 30 days, to 60 days.

ii. To create a redundancy avoidance committee. It was agreed that the Joint Negotiating and Consultation Committee (JNCC) would provide an opportunity for BUCU to be regularly consulted on developments within the University in order to avoid potential redundancy situations.

iii. For redundancy consultation periods to involved fortnightly meetings. This was agreed.

iv. To continue to conduct equality impact assessments, despite the removal of this statutory obligation. This was agreed.

v. For consultation to be meaningful and with a view to reaching an agreement. This was agreed.

vi. For the University management to consider a range of options that would avoid redundancies, including seeking redeployment opportunities outside of the University. This was agreed.

vii. That branch facilities time would be increased in order to enable branch officers to attend this increased number of consultation meetings. This was agreed.

3. We sought the agreement of a memorandum of understanding on performance management.

We have now agreed a memorandum of understanding on performance management with the University management (attached). This includes a number of procedural safeguards intended to prevent bullying or aggressive management practices, and a commitment that any future changes to performance management schemes will be adopted on the basis of collective discussions between the management and the union, with a view to reaching an agreement between both parties.

Our key aims in the redundancy avoidance agreement were as follows:

i. Any change to SDR (i.e. to PDR) to be negotiated with BUCU and agreed to by both parties. Whilst this wasn’t agreed in full, we did agree a form of words that was acceptable to both parties. Thus, it is agreed that “it is proposed [that SDR] will be replaced by the Performance and Development Review (PDR) Scheme, about which proposals are being considered under the auspices of the Joint Negotiating and Consultation Committee with a view to reaching agreement.”

ii. Clarification of the use of Ordinance 3.21.5 will only be invoked when there is concern that staff performance might have declined below the “minimum satisfactory standards”. This was agreed.

iii. Clarification that the Ordinance 3.21.5 process will be followed in full (i.e. rather than selecting the punitive sections only) and that it will be set out in writing. This was agreed.

iv. Ensuring that those undertaking the Ordinance 3.21.5 process are properly trained. This was agreed.

v. That the memorandum would apply to all ‘live’ and recent cases. This could not be agreed, and the negotiating team believe that we were unlikely to achieve the retrospective re-opening of previous cases. The memorandum will therefore only apply to future cases.

Regards,

BUCU committee

The University of Birmingham and the Birmingham branch of the University and College Union (BUCU) note that:

1           It is in the best interests of the University and its staff as a whole that duties are carried out by members of staff to a high standard. The Strategic Framework sets a challenge for the University “to take its place as a leading global university” which “will require a step change in our performance”.

2           In the sharply competitive environment which characterises the UK and global Higher Education sector, a supportive performance dialogue can enable the University and individual members of staff to achieve their aspirations. This dialogue may be held informally as and when appropriate. It is formalised in the Staff Development Review Scheme (SDR) – which it is proposed will be replaced by the Performance and Development Review (PDR) Scheme, about which proposals are being considered under the auspices of the JNCC with a view to reaching agreement. SDR (or PDR) applies to all staff and is intended to provide a supportive mechanism which seeks to develop all staff and enhance their performance (see https://intranet.birmingham.ac.uk/hr/employment/pdr/index.aspx).

3           The success of the University depends on the performance of its staff, the large majority of whom perform well and work hard to achieve the University’s ambitions – which are often their own ambitions for themselves.

4           In support of SDR (and PDR), in order that high standards of performance are achieved,  managers and staff are encouraged to take advantage of the following resources, as appropriate, including:

-          Strategic Framework ‘Shaping our future: Birmingham 2015’ (see http://www.birmingham.ac.uk/staff/birmingham/about-us/2015.aspx);

-          Post further particulars and information about the University;

-          Job definition, using the relevant job family framework, generic role descriptions, promotion criteria etc (see https://intranet.birmingham.ac.uk/hr/benefits/progression/grading/index.aspx);

-          Induction (see https://intranet.birmingham.ac.uk/hr/starters/index.aspx);

-          Probation (see https://intranet.birmingham.ac.uk/hr/employment/probation.aspx);

-          The Birmingham Academic  (see https://intranet.birmingham.ac.uk/hr/development/academic/index.aspx) and the Birmingham Professional (see https://intranet.birmingham.ac.uk/hr/development/professional/index.aspx);

-          Development programmes and support  (see https://intranet.birmingham.ac.uk/hr/development/index.aspx);

-          Support for teaching (see https://intranet.birmingham.ac.uk/as/claddivision/index.aspx);

-          Support for research (see https://intranet.birmingham.ac.uk/collaboration/research-support/index.aspx)

-          Harassment and Bullying policy (see https://intranet.birmingham.ac.uk/hr/documents/public/harassment-bullying.pdf)

Many more mechanisms to support performance are provided locally within Schools and Colleges.

5           Occasionally, individual members of staff may find their performance falls short of their own expectations, or those of the University. In such circumstances, it is in the interests of all concerned that any obstacles to high performance are explored and solutions found to enable the individual to enhance his/her performance to the required standards; and that support is provided by colleagues to help the individual to achieve this improvement. In most cases, this will be managed by normal day to day discussions, via the SDR (or PDR) process and using the mechanisms set out in paragraph 4 above.

6           Section 14 of the University Statutes, paragraph 9, sets out the grounds for disciplinary action, including “failure, refusal or neglect to perform some or all of the duties or to comply with some or all of the conditions attaching to the post, or performing those duties or complying with those conditions in an unsatisfactory or inadequate manner.”

Where it appears the measures set out in paragraphs 4 and 5 above may not lead to the required level of performance, the University and BUCU are agreed that:

7       Paragraph 5 of Ordinance 3.21 may be invoked when there is concern (for example, where there is under-achievement of performance goals/objectives which have been set through the SDR (PDR) process) on the part of the Head of School (or the Head of School’s representative) that the performance of allocated job duties by a member of staff may decline below the “minimum satisfactory standards”, as referred to in Ordinance 3.21.5.

8       The Head of School (or representative) will make clear that the discussions which are being held are not part of a disciplinary procedure, and the member of staff is free to take such advice as s/he may consider appropriate, including from a union representative.

9       The purpose of an intervention under Ordinance 3.21.5 is to support an improvement in performance, including:

i)    explaining the minimum satisfactory standards of performance sought and setting them out in writing;

ii)   establishing with the member of staff concerned and recording in writing whether there are any reasons which prevent the individual from achieving the minimum satisfactory standards and how these might be overcome;

iii)  offering such support, coaching, mentoring and training as may be considered appropriate in the circumstances;

iv) setting reasonable targets designed to ensure that the minimum satisfactory standards of performance are met by the individual, and a time period during which his/her performance will be monitored. In determining targets, the Head of School (or representative) will have regard to the expected achievements of a satisfactorily performing member of staff given a similar workload and taking into account any underlying reasons for under-performance;

v)   measuring progress in achieving set targets and providing feedback.

It is recognised that this may be an iterative process.

10   Any disputes (eg over the minimum satisfactory standards expected or the targets to be achieved) will be resolved by the decision of the next senior person above the level of the person managing the intervention, who will consider written representations.

11     Those managing interventions under Ordinance 3.21.5 will be trained for the purpose.

12     As a last resort, Ordinance 3.21 sets out the procedures which have been agreed between the University and UCU for the consideration of allegations of under-performance. It is emphasised that the purpose of the disciplinary procedure is to support an improvement in performance.

1 Introduction

1.1 Further to the procedure agreement which exists between the University and BUCU and in response to feedback as a result of recent consultations involving potential redundancies, the University and BUCU have jointly agreed the following document to provide guidance to managers and staff engaged in such consultations with a view to ensuring that, when similar circumstances arise in the future, there is greater clarity about how they may be handled.

1.2 The University and the Birmingham branch of the University and College Union (BUCU) agree that compulsory redundancy should be avoided where it is possible to do so.

1.3 Both sides recognize the University’s need to evolve and develop to avoid stagnation and decline, to enhance its reputation as a means of attracting high quality students and staff to the University, as a safeguard of its future and that of the staff as a whole.

1.4 The JNCC is the appropriate forum for the discussion of general matters, including systems and processes for managing potential redundancies; and prospective developments within the University.

2 Seeking to Avoid and/or Mitigate Redundancies

2.1 In carrying out strategic reviews of parts of the University’s structure, the University will seek the views of the staff concerned, where it is appropriate to do so, in order to inform any proposals which may arise from the review.

Where the University  considers it necessary to bring about change through restructuring which may involve a reduction in the number of staff employed, it undertakes to present its proposals to BUCU and to the staff concerned at the earliest point at which redundancies are contemplated, before the proposals are finalised. (This is usually when a proposal by a College is accepted by the University as the basis of a consultation.) These proposals will include the rationale for the proposed changes to enable BUCU and the staff concerned to challenge assumptions and to make alternative proposals as appropriate.

2.2 For this purpose, the University will commit to a minimum consultation period of 60 days.

2.3 The University will provide an Equality Impact Assessment of the proposals at or near the start of the consultation period.

2.4 In potential redundancy situations, the University recognises the benefit of early and meaningful consultation with BUCU. The University also recognises its statutory obligations in respect of consultation. The University is therefore committed to holding regular collective consultation meetings – usually fortnightly, as appropriate – during the consultation period.

2.5 The University and BUCU agree to engage in consultation about such proposals with a view to reaching agreement on avoiding compulsory redundancy and/or mitigating the effect of the proposals with regard to the number of posts to be saved. Discussions on avoiding or mitigating redundancies will also include (but are not limited to):

i)        Considering alternative proposals which may have a lesser – or no – impact on the existing number of staff employed, including non-pay reductions where appropriate and generating additional income;

ii)       Making savings through natural wastage and a freeze on recruitment to the unit under consideration, recognizing the need to maintain an appropriate balance of skills and expertise;

iii)     Considering applications for early retirement, voluntary severance (according to the University’s current scheme at the time of the re-organisation) or voluntary redundancy;

iv)     Exploring the feasibility of part-time working and job sharing as a means of reducing the number of staff who would otherwise no longer be employed;

v)      Redeployment to work elsewhere in the University under the University’s redeployment policy and procedure (see https://intranet.birmingham.ac.uk/hr/vacancies/creating-filling-vacancy/recruitment-and-selection/redeployees.aspx)

vi)     Unpaid leave

vii)   External networking to identify likely redeployment opportunities outside the University, particularly in neighbouring universities.

2.6 The University recognizes its obligation to continue to seek to avoid and/or mitigate redundancy – including measures set out above – throughout the process of consultation, selection and, subsequently, once notice of dismissal on grounds of redundancy has been issued, until notice expires. This will include providing support to those at risk, or under notice, of redundancy through its Employee wellbeing services (see https://intranet.birmingham.ac.uk/hr/wellbeing/yourwellbeing/index.aspx) and through its training and development services via POD (see https://intranet.birmingham.ac.uk/hr/leavers/support.aspx)

2.7 After the consultation period, the University will seriously consider the alternative proposals which have been made and adjust its plans as appropriate for implementation. Where alternative proposals have not been adopted by the University, it will provide an explanation of the reasons.

2.8 In the event that the measures outlined above fail to remove the potential redundancy situation, the University will provide BUCU with the information which is required by statute.

2.9 For academic staff, where appropriate, selection for redundancy will be in accordance with University Ordinance 3.20 (http://www.birmingham.ac.uk/Documents/university/legal/ordinances-section3.pdf). For administrative and other academic related staff, selection for redundancy will be in accordance with current ACAS guidance.

Dear BUCU members,

We are very pleased to be able to report that we are now in a position to reach an agreement with the University management over compulsory redundancies, redundancy avoidance, and performance management. This therefore marks the end of our current industrial dispute.

The meeting scheduled for 1pm today has therefore been cancelled, as have the scheduled strike days for tomorrow and Thursday, and the branch committee have adopted the following resolution on behalf of the branch (as mandated by the last members’ meeting).

Resolution: BUCU welcomes the agreements reached with the University of Birmingham around redundancies, redundancy avoidance, and performance management, and therefore agrees to withdraw the proposed industrial action.

This has been a major campaign for our branch, and we have made significant advances in each of the areas that we have been negotiating with the University senior management. Full details of the agreements will be circulated shortly.

We intend for this to mark a new and more engaged relationship with the University management, with BUCU playing an important role as the recognised union representing all academic and academic-related staff at this University.

These achievements wouldn’t have been possible without the invaluable, extensive, tireless and ongoing advice and support from both the regional and national UCU officers and the branch administrator along with the work of many other regional and national UCU officers. We also need to thank all of the elected branch officers and committee members who have invested a huge amount of time and energy in the campaign.

Most importantly, this is a reflection of our entire membership’s ability as a branch to work together to achieve positive outcomes for employees at this University – it’s an achievement therefore that we must continue to work on to further advance the capacity and role of our University of Birmingham branch of UCU.

Dear BUCU members,

To update further on yesterday’s communication, as you know it was the branch committee’s recommendation that we withdraw the strike action planned for today and Monday.

This was agreed by a very well-attended members’ meeting yesterday, in order to provide BUCU negotiators more time to clarify and advance negotiations, and seek to reach an agreement with the University management.

The members’ meeting included a detailed discussion of achievements made so far through negotiations, but concerns were also raised from the floor about the importance of continuing to press for a number of our core demands, particularly in the area of compulsory redundancies.

As a result of this discussion, the following motion was proposed from the floor and overwhelmingly adopted:

“We view with grave concern the lack of progress on involuntary redundancies. The first two days of strike action have been suspended in order to allow time for further negotiations. If substantial progress is not made during these further negotiations then BUCU will seek authorisation from UCU for further days of strike action”.

BUCU negotiators are now due to enter into further negotiations with the University senior management, and will report back at a further members’ meeting to take place next Friday. This meeting will be presented with another opportunity to accept or reject the recommendation of the branch committee regarding any agreements reached:

Next members’ meeting:

Friday 8 March

1-2pm

Room location TBC

Please be aware that, unless we are able to make further substantial progress, it is expected that the remaining strike days scheduled are as follows:

Next strike dates:

Tuesday 12 March (half day – 9am – 1pm)

Tuesday 19 March (full day strike)

Thursday 21 March (full day strike)

Dear BUCU members,

We are very pleased to report the BUCU strike ballot results:

Votes cast: 431 (48% turnout)

Yes votes: 280 (65% yes)

No votes: 151 (35% no)

BUCU committee met today and unanimously agreed that this was an impressive expression of support for the branch’s dispute over performance management and redundancies.

The turnout is far higher than any we have had amongst BUCU members in previous ballots for industrial action, and with a strong yes vote – this is particularly impressive given that it indicates support for repeated strike action over a number of weeks, something which is unprecedented for our branch.

On this basis we will today request that the elected UCU national officers authorise our branch to take the strike action as set out ahead of our ballot, with the first half-day of action proposed to take place on the morning of Thursday 28 February.

We have today put to the University senior management the full list of demands that we seek – including the lifting of the threat of redundancies in Education, the Institute of Archaeology and Antiquity, and Physiotherapy, a redundancy avoidance agreement, and a Memorandum of Understanding on performance management, and we intend to meet with management over the next two weeks to attempt to agree these points.

A full meeting of members will take place as follows:

General members’ meeting:

Wednesday 27 February

1-2pm

Room location tbc

This meeting is scheduled for one day ahead of our intended first half-day of industrial action, and will provide an opportunity for BUCU members to consider whether any agreements that may have been reached with University management by that point are sufficient to suspend, or call off, the strike action.

Many thanks to all those who voted – this is a major show of strength from our branch, and our negotiators will now be able to use this to further pursue the reasonable outcomes that we seek in our attempt to improve our working conditions at this institution.

More updates to follow.

Earlier press release – on strike ballot – here