Strike action and action short of a strike

FAQs for the announced strike action

How the University is responding

We are committed to doing everything we can to make sure that any industrial action affects our students as little as possible.

The University will remain open on all campuses to support the delivery of education and research. The library, IT and student support services will be available as normal for students, as will on-campus study and recreational facilities, including our shops, restaurants and cafes.

The University will continue to work extremely hard to safeguard our students’ learning outcomes and student experience during this time.

We are aware of the worry the situation may cause, and will be communicating regularly with our students, ensuring they know that support is available, should they need it.

The University respects the right of individual members of staff to participate in strike action, but we are also conscious of our responsibility to ensure individuals understand the impact of their participation. We have been explicitly clear that the University of Essex does not accept partial performance. Failure to undertake, or be ready and willing to undertake, full normal duties through participation in industrial action or action short of strike is partial performance and a breach of contract, and as such pay is withheld as a result.

Who has a mandate to go on strike?

The current industrial action has been called by the University and College Union (UCU), who received a mandate for strike and action short of a strike (ASOS) in a recent local ballot. The decision to go on strike is a matter of individual choice for any staff covered by UCU. Not all staff are members of the union, and even if staff are members they may choose not to go on strike. Non-union members in relevant staff groups can also participate in the strike action.

Do I need to tell the University I am taking strike action?

If we are aware that you intend to take strike action in advance, then we are better able to plan to protect student learning outcomes. If you are not taking part in strike action, it would be helpful to let your department/section know you intend to work normally. The University will be contacting Heads of Department to ask them to liaise with their academic contacts to try to establish the likely impact of the action.

Will my pay be withheld if I take part in strike action?

Yes. The University respects the right of individual members of staff to participate in strike action, but we are also conscious of our responsibility to ensure individuals understand the impact of participation. We do not accept partial performance of contractual duties and pay will be withheld from staff participating in strike action.

How do you calculate pay deductions?

Strike action is measured in full days and for each day that staff participate in industrial action the University will deduct one day’s pay. One day’s pay is calculated as 1/365th of your annual salary, and the deductions will be taken from the March salary payment. If you work part time or for part of the year and want more information about how your deduction is calculated, please contact indact@essex.ac.uk.

What if I only strike for part of a day?

Participating in a strike for part of a day, when you are expected to be working is partial performance and a breach of contract. Employees taking part in strike days for only part of the day will have their pay withheld for the full day. 

How do I report I am taking strike action?

At Essex we operate a self-reporting system for staff taking strike action which is based on trust and relies on colleagues declaring by the specified deadline. It is essential that we understand at the soonest possible point the impact of modules that did not take place and take steps to mitigate the impact. Staff who participate in strike action are required to notify us via HR Organiser within 7 calendar days of the action taking place. This declaration is required for each day of participation in strike action. Self-declarations will be supplemented by monitoring of teaching spaces to enable us to respond quickly.

Declarations are recorded for the purposes of managing the implications of industrial action effectively for students and planning and resourcing the University's statutory duties as an education provider covering teaching, awards and assessment. Information about your participation in industrial action may be shared with a limited number of relevant University staff in your department or relevant professional services teams, for example Academic Section or People & Culture.

Take a look at our guide to recording strike participation in HR Organiser.

Will my pay be impacted if I am taking action short of a strike (ASOS)?

The University also reserves the right to make deductions in respect of ASOS where contractual duties are not being fulfilled.

What will happen to my pension contributions if I am taking strike action?

The University will continue to maintain your normal pension contributions throughout the period of the industrial action. This will mean it is based on your normal pensionable salary prior to any deductions for strike action. The University can only do this if you, as the member of the pension scheme also maintain your contributions during this period. If you wish to opt out of this arrangement or have any questions relating to the information contained within this email, please contact the People & Culture Team at indact@essex.ac.uk

What action will you take if I don’t tell the University I am taking part in strike action?

We consider failure to report participation in industrial action to be a very serious matter and we will follow up with individuals in cases where we discover colleagues have taken action but have not self-declared. In the unlikely event that false information is given deliberately or information is purposefully withheld, this will be treated as misconduct under the disciplinary procedure.

How should I prioritise my work if I am not on strike or when I return from participating in strike action?

Due to the potential impact on student education and experience, we ask that all colleagues prioritise student-facing and other operations-critical activities during any period of industrial action, whether they choose to participate in the action or not. The university expects missed teaching activities or learning opportunities to be made up while colleagues are at work, or when they return, even if this requires the de-prioritisation of less critical activities.

Who can give me advice about my participation in strike action?

If you have any questions in the meantime you can speak to your line manager, who can seek further support and advice from the People and Culture team or at indact@essex.ac.uk