AVÊÓƵ

Human Resources

UCU assessment boycott FAQs

The marking and assessment boycott has now ended. FAQs about the marking and assessment boycott are below

last updated 29/06/2023

Marking and assessment boycott April 2023 onwards

 

IMPORTANT UPDATE: 2nd August 2023

As per the email sent to staff on 2 August 2023, the University has reviewed its policy on withholding pay during the on-going marking & assessment boycott (M&AB) and has decided to cap the number of days of pay deduction to 10 (at 25%) for the A3 assessment period.  This is in addition to the cap of 50 days for the A2 assessment period. Participation in the M&AB for the A3 assessment period must be declared separately, even if you have already made a declaration for the A2 period. For any further assessment periods there will be further deductions at a rate to be determined.  Further advice will be issued about any future changes to deductions as appropriate.

How will the new, 10 day cap work? (updated 14 August 2023)
  1. Staff taking part in the boycott will have salary deductions capped at 10 days for the A3 assessment period. This means the maximum deduction any participant will face will equate to an effective deduction of 2.5 days’ salary (that is 25% of 10 days). 
  2. For any staff members whose participation in the boycott is confirmed as below 10 days, their salary deduction will be 25% of the number of days of their boycott (as determined by the date on which they have declared that their M&AB action started and the date on which they have declared that their M&AB action is at an end resulting in them being available for marking and assessment work, subject to confirmation by the relevant Head of School).
  3. This cap of 10 days pay deductions for the A3 assessment period is separate to, and in addition to, the 50 days capped pay deductions for the A2 assessment period previously notified.  This equates to a total maximum level of pay deduction of 15 days (50 days at 25% for the A2 period of assessment and 10 days at 25% for the A3 assessment period) for those taking part in the M&AB relating to both assessment periods. Participation in the M&AB for the A3 assessment period must be declared separately, even if you have already made a declaration for the A2 period.
  4. We are asking staff to self-declare their participation in the M&AB for the A3 assessment period so that the appropriate levels of deduction are made (see FAQ’s below).  Where staff have already taken part in the M&AB for the A2 assessment period and have not yet declared they have ended their M&AB, we still require them to self-declare their participation in the M&AB for the A3 assessment period.
  5. Those who want to end their participation in the boycott should inform their Head of School and must email Human Resources via: IAqueries@sussex.ac.uk. Where a staff member does not use this email address, this may cause a delay in the payroll team being aware and therefore delay/impact the ability of the University to make appropriate amendments in a timely manner.
  6. There may be separate salary deductions applicable for staff participating in the M&AB in future assessment periods. Deductions that relate to future assessment periods will be determined by the University at an appropriate time and communicated to staff.  These deductions may or may not be capped.
  7. The 10 day calculation (and the previous 50 day calculation) excludes days where colleagues are on pre-approved annual leave (including bank holidays or minimum service days) or away from work due to notified sickness absence.  These absences must be notified/approved via MyView in order to be counted.
How will the new, 50 day cap work? (added 28 June 2023)
  1. Staff taking part in the boycott will have salary deductions capped at 50 days. This means the maximum deduction any participant will face will equate to an effective deduction of 12.5 days’ salary (that is 25% of 50 days). 
  2. For any staff members whose participation in the boycott is confirmed as below 50 days, their salary deduction will be 25% of the number of days of their boycott (as determined by the date on which they have declared that their M&AB action started and the date on which they have declared that their M&AB action is at an end resulting in them being available for marking and assessment work, subject to confirmation by the relevant Head of School).
  3. Any staff members who have already been deducted more than 50 days’ salary will be refunded the excess in the next available payroll. 
  4. Those who want to end their participation in the boycott should inform their Head of School and must email Human Resources via: IAqueries@sussex.ac.uk. Where a staff member does not use this email address, this may cause a delay in the payroll team being aware and therefore delay/impact the ability of the University to make appropriate amendments in a timely manner.
  5. The above only applies to this current (‘A2’) assessment period. There will be separate salary deductions applicable for staff participating in the M&AB in future assessment periods. Deductions that relate to future assessment periods will be determined by the University at an appropriate time and communicated to staff.  These deductions may or may not be capped.
  6. The 50 day calculation excludes days where colleagues are on pre-approved annual leave or away from work due to notified sickness absence.  These absences must be notified/approved via MyView in order to be counted.
When is the marking and assessment boycott taking place?

UCU has notified the University that the marking and assessment boycott will start on Thursday 20 April 2023.

What is action short of a strike (ASOS)?

The marking and assessment boycott is a type of industrial action known as action short of a strike (ASOS). Staff participating in ASOS do not undertake certain aspects of their duties but stop short of a total withdrawal of labour, as is the case for strike action. 

What is included in the marking and assessment boycott?

UCU has defined the marking and assessment boycott as covering all marking and assessment processes that contribute to summative assessment decisions for students/learners, whether final (i.e. graduation/completion) or interim (i.e. progression decisions).

The boycott covers all summative marking and assessment, whether expressed numerically or in any other form: in writing, via an online form, or verbally, of all assessed work e.g. coursework and examination marking, assessment of fieldwork, exhibits, practical work, scientific experiments, presentations, posters etc.

The boycott also covers assessment-related work e.g. exam invigilation; processing of marks; submission of completed marking through any university administrative procedure; assessment-related administration such as distribution of scripts/papers to be marked, organisation of/preparation for exam/assessment boards/meetings; attendance at exam boards/meetings.

Do I have to notify the University if I am participating in the marking and assessment boycott?

Yes, you do. You must complete the University’s electronic declaration form to confirm your participation and the date on which your marking and assessment duties start, within two working days of starting the boycott. 

The date your participation starts is the date that you are required to undertake any marking and assessment duties but choose not to do so, i.e. when you have the activity to undertake, such as the date exam scripts are available (rather than the date you would have chosen to start marking the scripts, or the date the marks are to be submitted). 

You may be contacted to verify your declared start date.

In addition, your Head of School or Head of Department may ask you, on or after the date your marking duties have been assigned, whether or not you are participating in the boycott. This is for practical reasons related to administration of marking within the School and the information will not be shared with HR/Payroll. You should therefore complete the declaration form whether or not you have notified your participation to your School, indicating the date on which you were given the activity to undertake, as noted above.

If you do not use the electronic declaration form or the email address IAqueries@sussex.ac.uk to make your declaration, this may result in a delay in processing your pay deductions, which will be made in the next available payroll and backdated.

How do I check the dates my marking duties are due to start?

If you have already been assigned marking and assessment duties, your start date will be 20 April 2023. If you have not, your marking duties start from the date you have marking activity to undertake, such as the date exam scripts are available (rather than the date you would have chosen to start marking the scripts, or the date the marks are to be submitted). If you are not sure of this date, confirmation can be provided by your Head of Department, Head of School or School Office.

Will I get paid while taking part in the marking and assessment boycott?

There is no legal obligation to pay any salary in these circumstances. However, until further notice, the University has decided to make an ex-gratia payment of 75% of normal salary (see below). The University will continue to review the impact of the boycott and reserves the right to change the level of ex-gratia payment, or to stop any further ex-gratia payments. We will inform staff and UCU should this situation occur.

The ex-gratia payment is subject to tax and NIC deductions. As the payment is being made at 75% of normal salary, any employer and employee tax and NIC deductions will be reduced accordingly, in line with the appropriate thresholds.

As the ASOS notified by UCU is continuous, participants in the marking and assessment boycott will be paid at 75% of salary (or a lower amount subject to ongoing review by the University as set out above). This will be paid as an ex-gratia payment on a continuous basis from either 20 April 2023 or the date that participants declare that their marking duties started, if later, until the period of ASOS, or their participation in it, ends.

If you have already made a declaration that you are taking part in the marking and assessment boycott but wish to stop participating and resume marking and assessment duties, you should send an email to IAqueries@sussex.ac.uk confirming that this is the case and the date that you are ready and willing to resume marking and assessment duties. Subject to confirmation from your School, your normal contractual pay will be reinstated from that date.

We appreciate that all our staff are committed to our students and ask that staff taking part in industrial action liaise with their managers in order to help minimise the overall impact on students and their learning outcomes as a result of the action. 

How will my ex-gratia payment be calculated during my period of participation?

Ex-gratia payments will be calculated at the rate of 75% of basic pay (or a lower amount subject to ongoing review by the University as set out above) for each calendar day of action (excluding bank holidays, pre-booked annual leave and sick leave). 

In order to ensure that Payroll are aware of pre-booked annual leave and sick leave, and can exclude it from ASOS deductions, it must be booked and authorised (or notified in the case of sick leave) via .

Please note that if you complete your declaration late, the changes to your payment will be made in the next available payroll and backdated. 

Update as at 28 June 2023, as advised the University has taken the decision to cap the deductions for the current assesement period (A2).  Further details regarding the cap are explained within these FAQs.  As a result where a colleague continues to partipcipate in the M&AB beyond the University's cap, then the employee will recieve an ex-gratia payment of 100%.  For the avoidance of doubt the University will keep the position under review and reserves the right to amend the level of ex-gratia payment as the University rejects partial performance.

When will the ex-gratia payments start?

It will start from 20 April 2023 if you are already involved in marking and assessment duties, or from the date at which you have declared that those duties start if after 20 April 2023. (Please see FAQ on Do I have to notify the University if I am participating in the marking and assessment boycott? for information on participation start dates).  

If you complete your declaration late, the changes to your pay will be made in the next available payroll and backdated. 

When will the ex-gratia payments end?

It will end on the date that either (i) the period of ASOS ends; or (ii) you email IAqueries@sussex.ac.uk to confirm that you have ceased taking part in the action and are ready/available to undertake your full marking and assessment duties, including:

  • completing any of your marking that remains outstanding
  • completing any other duties related to assessment, for example attending exam boards
  • completing any other marking and assessment that is reallocated to you, subject to ensuring that your workload is properly managed.

We will ask you to confirm that this is the case, and will verify with your Head of School before restoring pay. Any deductions will be subject to the recently announced 50 day cap regardless of whether or not the above is confirmed.

If your return to normal working is confirmed after the payroll cutoff for that month, any excess deductions will be refunded the excess in the following month's pay.

How will the withholding of salary and ex-gratia payments be expressed on my payslip?

Please see below for some worked examples:

Example 1: employee taking part from 10th May (mid-period):

The employee's basic monthly salary is £4,954.17. This payslip is for the May payroll and they were on ASOS from 10-31 May; 22 days.

22 days pay offset = 4954.17 / 31 x 22 = 3515.86.

75% of the offset is paid as an ex-gratia payment = 3515.86 x 75% = 2636.90.

 

 

Example 2: whole period ASOS:

Employee earns 4954.17 and takes part in action for the whole month. A month's pay is offset and 75% paid as an ex-gratia amount.

 

 

Example 3: whole period ASOS with partial backpay:

Employee earns 4954.17 per month and declared ASOS in May, backdated to adjust for participation from 21-30 April; 10 days.

A full month is offset for May, with 75% paid as an ex-gratia amount.

For the April portion, of pay offset = 4954.17 / 30 x 10 = 1621.39

75% of this offset is paid as an ex-gratia amount = 1621.39 x 75% = 1238.54.

 

  

Example 4: whole period ASOS with two days annual leave:

Employee earns 4954.17 and is on ASOS for the whole month. They took 15 hours of annual leave in May, for which we will pay full pay.

The employee offset is equal to full pay 4954.17.

Holiday is paid at 15 hours x the employees hourly rate = 15 x 30.48 = 457.20.

The calculation for the ex-gratia payment is made up of two parts, to pay for the 75% of basic pay deducted and to then reduce this by 75% of the annual leave paid.

The first calculation is 4954.17 x 75% = 3715.63. The second part of the calculation is to reduce by 75% of the annual leave figure, as this is paid at full pay = 457.20 x 75% = 342.90.

The total ex-gratia payment is equal to 3715.63 – 342.90 = 3372.73.

The employees total gross pay before pension is equal to 457.20 annual leave + 3372.73 ex-gratia, which is equal to 3829.93.

 

How do I declare that I have resumed normal working?

If you wish to resume normal working (including all duties related to marking and assessment) before the end of the ASOS period, you should send an email IAqueries@sussex.ac.uk to confirm this, including the date from which it will take effect. Resuming normal working will include:

  • completing any of your marking that remains outstanding
  • completing any other duties related to assessment, for example attending exam boards
  • completing any other marking and assessment that is reallocated to you, subject to ensuring that your workload is properly managed.

We will ask you to confirm that this the case, and will verify with your Head of School before restoring pay. Any deductions will be subject to the recently announced 50 day cap regardless of whether or not the above is confirmed.

If your return to normal working is confirmed after the payroll cutoff for that month, any excess deductions will be refunded the excess in the following month's pay.

Why are the ex-gratia payments made across the whole period, rather than on specific days, as is the case for strike deductions?

The ASOS notified to the University by UCU is continuous between two dates. This is different from strike action, which takes place on specific identified days, for each of which a day’s pay is deducted.

As the action being taken under the marking and assessment boycott is continuous and as the University does not accept partial performance, which is a breach of contract that affects our students, continuous pay deductions are both legal and proportionate.

How has the University arrived at a figure of 75% for the ex-gratia payment?

This decision is not made with reference to the amount of marking staff undertake as a proportion of their role – it is the fact of the breach of contract, and the University’s position not to accept this, that is important.  In these circumstances, there is no obligation on the University to make any payments at all to those taking part in the marking and assessment boycott and the level of any payment that is made is at the discretion of the University.

UCEA have recommended that institutions deduct pay at 100% (i.e. no ex-gratia payment) for all those taking part in the marking and assessment boycott, or if they feel that this is not appropriate for their local employee relations climate, at least at 50%.  Having taken soundings across the whole sector, it is clear that by adopting a 25% deduction, the University is taking a “light-touch” approach compared with the vast majority of other institutions.  This decision is also in line with the previous decision taken by UEG last year in respect of the marking and assessment boycott at that time. It is important to note, however, that the University reserves the right to increase the level of pay deduction as the impact of the action on students becomes clearer.

What will the impact be on my pension?

The University has decided to maintain the employer pension contributions based on the employees normal rate of pay. Employees will also continue to contribute based on their normal rate of pay, and not their reduced rate during the ASOS period. However, the University reserves its right to review this arrangement.

Are non-participating members of staff expected to cover the marking of those who are taking part?

To minimise the impact that this action may have on our students’ welfare and their academic progress, marking and assessment may be reallocated amongst available staff, subject to capacity and as required. Managers must also ensure that any redistribution of work is done in a fair and equitable way. Priority marking will be identified, and other contingency measures will be put in place. 

What is the University doing to try to resolve this dispute?

This dispute is a national pay dispute and the AVÊÓƵ has limited agency in resolving it, as negotiations are conducted on behalf of sector employers by UCEA (the Universities and Colleges Employers Association) with sector trade unions, including UCU.  Colleagues will be aware that all our recognised unions are committed to national collective bargaining, as is the University.

There have been many on-going discussions aimed at resolving the disputes between the parties at national level, including discussions at ACAS.  One of the disputes, relating to USS pensions, has been paused while negotiations continue following a joint statement agreed by UCU and UUK to fully restore benefits on 1 April 2024, but the pay dispute is still extant.  The University very much hopes that the pay dispute can be resolved soon for the benefit of all concerned.

What if I have a question that is not answered in the FAQs above?

Please email your query to IAqueries@sussex.ac.uk. 

Information about the Industrial Action in February and March 2023

Will members of staff get paid whilst on strike?

No. Strike action, as a matter of law, involves a breach of an individual’s contract. Consequently, if you decided to take part in strike action, you will not be entitled to your contractual pay for the strike days. Pay will be withheld at the rate of 1/365 of annual salary for each day of action, pro rata for part-time staff, and adjustments to pay will be made in the December payroll.

You should declare the days you were on strike using the University’s electronic declaration form. This can be completed at intervals throughout the period of action or altogether at the end. Any days declared by 5pm on the payroll cut-off date (for past or future dates) will be deducted in that pay month. The payroll cut-off days are as follows:

February            Friday 10 February

March                Friday 10 March

April                   Wednesday 12 April

May                    Friday 12 May

The final deadline by which all days must be declared is 5pm on Friday 12 May 2023

What is ASOS?

ASOS stands for action short of a strike and ran from Wednesday 23 November 2022 to Thursday 20 April 2023, followed by a further period of ASOS in the form of a marking and assessment boycott from 20 April onwards. UCU declared that ASOS could include:

  • only working to contract
  • not undertaking any voluntary activities
  • not covering for absent colleagues
  • removing uploaded materials related and/or not sharing materials related to, lectures or classes that will be or have been cancelled as a result of strike action
  • not rescheduling lectures or classes cancelled due to strike action.
Will members of staff still get paid if they participated in ASOS?

The University did not deduct pay for those participating in ASOS from November 2022 to 20 April 2023. However, the University is deducting pay during the marking and assessment boycott from 20 April 2023. 

How will we know who took strike action? 

UCU members at the AVÊÓƵ have a lawful mandate for action. UCU members who joined the strike action were not obliged to tell us in advance if they intended to take industrial action, but they are required subsequently to inform us they have taken strike action via the electronic declaration form so that appropriate deductions can be made from pay. Please see "Will members of staff get paid whilst on strike" above for details of when deductions will be made

How is the University supporting staff during the cost of living crisis?

We recognise that pay is at the forefront of everyone’s minds in these financially challenging times, and in response to the cost of living crisis, the University has provided a support package for staff and students amounting to £6.6m.

Do I have to notify the University if I have taken strike action?

Yes, you do. You must notify your line manager/ Head of School / Director. You must also complete the University’s electronic declaration form.

Are part-time members of staff required to notify about strike action in the same way?

Yes, part-time staff are required to notify the University in the same way as full-time members of staff, making a declaration for each day of strike action. Payroll will be aware of employees’ varying contracts and will work with Heads of School and Divisional Directors to clarify any issues prior to pay being deducted.

What was the impact for members of other unions and non-union staff?

Only UCU secured a mandate for lawful strike action so members of other recognised University unions at UoS should have worked normally. Members of staff who are not a member of any union (‘non-union members’) also have a legal right to strike if they wish to. Any member of staff who participated in strike action must ensure that they complete the electronic self-declaration form so that appropriate deductions can be made for each day that they did not work.

Did the University remain open as normal during the strike action?

Yes. The University operated as normally as possible.

Could annual leave be taken during the strike or as an alternative to going on strike?

Annual leave must not be used as a substitute for participating in industrial action. Any annual leave that was already approved and booked on scheduled strike days was honoured.

What was the impact on pensions of any strike action?

Members of staff will not be entitled to their contractual pay for strike days. The University maintained employer pension contributions during strike days. Death in service benefits were also maintained.

What will happen to flexible benefits for those that participated in industrial action and saw an impact on their contractual pay?

Deductions to any flexible benefits continued as normal.

What steps is the University taking to continue communications with staff?

The University continued to provide information to all staff via the University web site and email. These FAQs are regularly reviewed and added to as questions are raised.

Were staff required to work additional hours during the strike action as a direct consequence of the industrial action – how will they be compensated?

Industrial action may have required some staff to take on additional duties. Where the duties were clearly additional and not part of the normal expected role, existing policies will apply. In summary, these are that additional hours for staff in grades 1-6 may be addressed first by time off in lieu or overtime for hours worked in excess of normal full-time hours. Payment of any overtime must have been agreed in advance and should only have occurred if TOIL was not viable.

What is the position on having crossed an official picket line?

Picket lines are permitted by law (recommended limit per picket line is 6) and must operate peacefully. They may not inhibit or obstruct free movement. You are entitled to come to work normally, and the picket line must not obstruct you from doing so. The University recognises that a period of industrial action is difficult for everyone involved. The University is committed to maintaining safety and well-being of all its staff in this period. We hope that all involved acted at all times with respect in both words and action. However, if you chose not to cross the picket line and had not agreed with your manager that you would work from home (and were not absent from work for an authorised reason), you will be deemed to have participated in the strike and will be expected to complete a electronic declaration form, which will result in a deduction from pay.

Could others (non UCU members) join an official picket line?

The law on picketing is clear that it can only be undertaken by a worker employed by the University, a worker who has lost their job for a reason connected to the dispute or if they are a union official picketing with members they personally represent.

What if I have a question which isn't covered in the FAQs above?

Email your query to IAqueries@sussex.ac.uk.

Information for Tier 2 and 5 visa holders

For staff on Tier 2/Skilled worker and Tier 5 visas, do periods of unpaid work, whilst participating in industrial action, count as exceptions under the rules for unpaid leave?

Yes, unpaid leave is permitted where it is part of legally organised industrial action. Any unpaid leave which is due to participating in industrial action will not be counted towards the usual maximum four weeks permitted unpaid leave per calendar year.

Even though (as detailed below) the University is required to report to UKVI (UK Visa and Immigration) any significant change in salary arising from participation in industrial action, the University is not required to stop sponsoring you as a result of this.

Will deduction from salary for industrial action participation and ASOS require reporting to UKVI?

Yes, if it amounts to significant changes to your salary from that stated on your Certificate of Sponsorship (CoS). However, please note we are not required to stop sponsoring you as a result of a significant change in salary arising from your participation in industrial action.

If you have a Tier 2/Skilled Worker or Tier 5 visa, we advise you to familiarise yourself with both your CoS and the salary thresholds that relate to your SOC code. If you require further information about this, please contact Bethany King in the HR Compliance team.

What are the University’s usual reporting obligations in respect of Tier 2/Skilled Worker and Tier 5 visa holders?

The University has reporting obligations with UKVI for staff on Tier 2/Skilled Worker and Tier 5 visas. These cover instances of non-attendance, non-compliance with visa or immigration conditions, disappearance or significant changes in circumstances. Reporting by the University must happen within 10 working days of occurring, so that the appropriate action may be taken.

As a reminder the University must report a) any absence from work without pay that is 4 weeks or more, unless such absence is covered by an exception detailed in paragraph S4.13 of the guidance published by the Home Office; b) any absence from work that is 10 or more consecutive working days without permission, and; c) a significant change in circumstances including, for example, a change in salary from that which is stated on the CoS guidance (para S4.14).