Commonly asked questions
We have provided answers to common questions that our staff and students may have in relation to the University and College Union industrial action and the Universities Superannuation Scheme. These will be updated as new information comes to hand.
The issue
What is the issue that led to the strike action?
The higher education trade union, University and College Union (UCU), carried out industrial action at Sussex and 60 other universities as part of a national dispute over the pensions of some university staff.
Why were people striking?
Universities UK (UUK), representing Sussex and more than 350 other higher education organisations, proposed to make changes to the Universities Superannuation Scheme (USS) to make it sustainable for the long term. The USS currently has a significant deficit, meaning that it does not have enough money to cover all the future pensions that need to be paid. The scheme is required by law to have a recovery plan in place to address this deficit, which has been valued at £7.5 billion.
Which staff does the USS apply to?
All staff at Sussex have the opportunity to be part of a pension scheme. The USS is open only to staff on grades 7-10 and Associate Tutors. Staff who are on grades 1-6 are covered by other pension arrangements facilitated by the University.
Who was directly affected by this dispute?
The action was agreed by the majority of staff who are members of UCU. To be eligible to join UCU, you must be an academic member of staff or a member of professional services staff on pay grades 7-10.
Who was not directly affected by this dispute?
Professional services staff on grades 1-6 are members of different pension arrangements and were, therefore, not directly affected by this dispute.
Why is the University proposing to cut staff pensions?
The University of Sussex has not made, and does not have the power to make, decisions about the future of the USS.
The USS is a multi-employer pension scheme for around 350 organisations, of which the University of Sussex is one. Proposals for its future are made at a national level by Universities UK (representing all 350 employers) and UCU (representing employees).
What attempts were made to resolve this without strikes?
The JNC is made up of equal numbers of employer (via UUK) and employee (via UCU) representatives. The Committee met around 30 times last year to discuss changes to the scheme but a settlement could not be found. In the last JNC meeting towards the end of January 2018, a vote on the two alternative proposals was tied. The independent chair, Andrew Cubie, used his casting vote to support the UUK proposal. The USS Board endorsed the proposal and this then became the USS proposition for the future of the scheme.
Employers have a statutory obligation to hold meaningful consultations with all USS members on the possible impact of these pension changes on individuals. Any changes would not come into force until 1 April 2019.
What would the proposed changes by UCU have meant for Sussex staff who are members of the USS?
If the Union proposal had been adopted, it would have meant that staff would have had to increase their pension contribution from 8 per cent to 10.9 per cent of their salary.
What is the University of Sussex’s view of the issue?
While the negotiations have taken place at a national level, at Sussex we have been clear that reform is necessary in order to provide a scheme for members that is sustainable and stable, as well as being valued, portable and fair.
Will staff who are members of the USS have an opportunity to comment on the proposals?
Yes, all universities in the scheme are required to consult on any proposals with USS members.
When will changes happen to the pension scheme?
Any changes to the scheme are currently proposed to come into force in April 2019.
How much would universities have had to pay under the original UCU proposal?
The UCU proposed that employer contributions into the USS increase from 18 per cent to 23.5 per cent of salaries, which would add around £500 million to the cost of pensions to UK universities. At Sussex, the additional costs would have been around £5.5 million a year. UUK stated that any additional costs that had to be paid into pension schemes would mean that the majority of universities would be forced to divert funds from teaching and other core activities.
Why did this happen at this particular time?
Every three years there is a valuation of USS to ensure it has sufficient funds to pay the pensions already earned as they fall due to be paid, and that future contributions into the scheme will cover the cost of anticipated payments for pensions and other benefits, such as ill-health, when due.
The latest valuation, which took place on 31 March 2017, showed an increase in the funding deficit to £7.5 billion and the independent Pensions Regulator expressed its concerns over the future of the scheme. The cost of recovering the deficit and of providing the current benefits into the future has risen considerably. The USS trustees are required to sign off the valuation and submit their report and recovery plan to the Pensions Regulator within 15 months of the valuation date (i.e. by 30 June 2018).
Industrial action
Who was striking?
Staff were not required to let the University know in advance if they were participating in industrial action.
The action was agreed by the majority of staff who are members of UCU. To be eligible to join UCU, you must be an academic member of staff or a member of professional services staff on pay grades 7-10.
Professional services staff on grades 1-6 are members of different pension arrangements and were, therefore, not directly affected by this dispute.
If non-union members go on strike, they have the same rights as union members, as long as the industrial action is lawful. Members of staff who belong to another recognised trade union were not permitted to take part in this action.
Staff members who were not taking part in industrial action were required to attend work as usual.
Who could go on strike?
Members of UCU can take lawful industrial action.
Non-union members who take part in official industrial action have the same rights as union members.
In both cases, staff have the same rights not to be disciplined or dismissed as a result of taking action, as long as the industrial action is lawful.
Who could not go on strike?
Members of staff who belong to another recognised trade union were not permitted to take part in this action.
Those not employed by the University were not permitted to strike.
Who was working?
Staff members who were not taking part in industrial action were required to attend work as usual.
When did the strikes take place?
The strike action is now concluded. The strike dates were:
- Week one - Thursday 22 and Friday 23 February (two days)
- Week two - Monday 26, Tuesday 27 and Wednesday 28 February (three days)
- Week three - Monday 5, Tuesday 6, Wednesday 7 and Thursday 8 March (four days)
- Week four - Monday 12, Tuesday 13, Wednesday 14, Thursday 15 and Friday 16 March (five days)
Were there picket lines?
During the strike action in February and March, a small number of union members formed a picket at each of the three entrances to campus: near the zebra crossing in front of Falmer House, near the Sport Centre, and on Knights Gate Road. Picket lines are permitted by law but the number of people picketing is restricted to six for each location.
Can I cross a picket line?
Yes, you can move around campus freely during a strike, should you wish to do so.
The University was committed to maintaining safety and good relations between students and staff, and between people with different views and positions in relation to the industrial action. We hoped that all students and staff, whatever their stance (including those with no position on the strike), will act at all times with respect, both in their words and actions.
The University sought to maintain positive and constructive relations with the trade union during and after the industrial action.
Could students join the strike action or stand on the picket line?
No, UCU could only call on those employed at a university where they had achieved a lawful result in a statutory ballot to take industrial action.
The law on picketing is very clear that it can only be undertaken by:
- a worker employed by the University; or
- a worker who lost their job for a reason connected to the dispute (and has not since started a new job with a new employer); or
- a union official picketing with the members they personally represent.
Students could not join the picket line (unless they were post-graduate members of UCU).
The running of the University
Was the University open?
The University was open during the industrial action. All core services, such as the Library and cafes, operated as normal. The University’s priorities were to deliver the best student experience possible during and after the period of industrial action; to minimise negative impacts on students and staff; and to maintain respect, safety and cohesion across campus.
Did students still have classes?
Students were advised to come to campus with a view to attending their classes as usual.
Some lectures or classes did not take place but we could not be sure in advance which these were as, legally, staff do not have to inform the University in advance if they are going on strike.
What did students do if their classes were cancelled?
Students were advised to come to campus expecting some level of disruption and to be prepared for self-directed study in the event that some lectures/classes were cancelled.
There are multiple learning spaces on campus for students to go to, such as the Library as well as additional space in the Students’ Union at Falmer House and the ACCA cafe.
Did this impact student assessments?
Assessments and examinations will be amended to ensure that students are not assessed on content that was not delivered because of the industrial action.
How did students find out if their classes were cancelled or rearranged?
We provided information on the student pages of the University website and through the Sussex Mobile app – under the tile ‘Union action info’. University staff wearing orange-coloured ‘Ask Me’ badges were visible and available on campus on all strike days and in all locations, to help, advise and guide students. Some lecturers gave advance notice via Sussex Direct that a class was not taking place. However, striking staff are not legally required to give notice, so classes may have appeared in Sussex Direct as going ahead.
Will students be penalised for non-attendance for missing lectures that are cancelled because of industrial action?
No. Students will not be penalised for non-attendance where classes were cancelled due to industrial action.
Will students be penalised for non-attendance for missing lectures that go ahead during industrial action?
During strike days, the University's normal attendance arrangements remained in place. Under these procedures, School Offices got in touch with students once a certain level of unauthorised absence was reached. The School discussed with students how unauthorised absence was affecting academic progress and put in place support measures to help them get back on track.
Will this industrial action impact on the visa status of international students?
The strike action will not negatively impact the visa status of international students. The strike action may have resulted in the cancellation of some of the expected contact points we use to check the attendance of international students. If expected contacts such as lectures did not happen due to the strike action, this would be through no fault of theirs. We logged this so it does not count against them. However, we advised all students to come to campus with a view to attending their classes as normal.
Were trains and buses running?
Trains and buses to and from the campus ran as normal on strike days. However, buses were stopping at the A27 stop on the edge of campus so they did not get caught up in any traffic that resulted from the strike action.
What support is available for students?
Once students were on campus, they saw some University staff wearing orange-coloured ‘Ask Me’ badges. These staff were located across campus and were able to provide students with help and answer questions.
The Library and Meeting House was set up as ‘Ask Me’ help centres, where staff were located to answer students’ questions. In addition, the Student Life Centre was running as normal.
Will students be compensated?
We don’t yet know what the effects of the proposed industrial action will be. Our overwhelming focus was on delivering the best student experience possible and minimising disruption.
Will you divert striking staff’s wages into a student hardship fund?
We put in place additional measures to minimise disruption across campus and to provide additional support to students. There have been a number of suggestions from students and staff as to how best to do this and we are considering all options.
Information for striking staff
What did this mean for staff who went on strike?
We recognise the right of staff to take part in lawful industrial action. However, those people taking part in strike action were in breach of their contracts and the University policy is to withhold pay at a rate of 1/365th of annual salary for each missed working day.
Staff were not obliged to tell us in advance if they were taking industrial action, but we did request that they inform their line manager. Once a member of staff had taken action, they were required to notify the University so that the appropriate proportion of salary could be withheld. We emailed all staff on grades 7-10 to let them know about the deadline for notifying the University that they had taken industrial action. If striking staff do not notify the University, they will not be covered under industrial relations laws. Industrial action does not break continuity of service.
What proportion of pay can be withheld for partial performance?
The University is legally required to state what it would do in relation to partial performance. Whilst we recognise that staff had difficult choices to make in relation to action short of a strike, the University reserves the right to hold up to 100% of pay for partial performance of contract.
Can staff take leave during periods of industrial action?
Annual leave must be agreed between the individual and their line manager. This is so that arrangements can be put in place to ensure the University is able to continue running as normally as possible. The University requested that all those staff who were not striking did not take leave that coincided with industrial action, unless it had already been arranged or there were exceptional circumstances.
How does the University find out if somebody has taken part in strike action?
The University wrote to relevant staff asking them to declare whether or not they took part in strike action. Information on deadlines for notification have been provided.