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***Members Update – 12 December 2023***
Dear Members,
We wrote to you last week with the very positive ballot result and the week prior to that, with an update on the dispute following the series of online members meetings. We now wish to remind you of answers the employers gave at previous meetings and also update you on two meetings which have since taken place with the employers (27th Nov and 6th Dec) and the next steps.
Recap of questions asked of employers at the meeting on the 15th of November.
1/ We asked how the three-year deal with no funding would make job security any better. No answer.
2/ We asked how many jobs were under threat and where in the current year and as a result of the new 3-year proposal. They would not say directly but have advised that the cost of the offer is equivalent of 1,410 jobs.
3/ We also asked how much of the offer they could afford and what the shortfall was in order that we could ask for funding from the Scottish Government. They have asked for £50m to pay for the 3-year deal. If it costs over £70m then the employers can afford less than half.
4/ How could they make a 3 year ‘offer’ to our members without any guarantee of funding when last year they were unable to make us an offer until after the new year because… they didn’t know what funding they had secured. The draft minute in response says only that “The Management Side stated that CES has carefully considered the Staff Side’s perspectives and made a decision to table a full and final offer”.
5/ What would happen if they did not receive the funding they had asked for to cover the 3-year proposal. The employers said they were willing to risk it.
6/ Was it just another proposal from the employers instead of (as the Scottish Government had urged) a plan to properly negotiate an offer which we could jointly seek funding from the Scottish Government for. Yes
7/ How did they feel about a joint bid for funds for a ringfenced fund to be put in place for the sector to ensure we could avoid compulsory redundancies. The employers did not respond.
You will also be aware that the current proposals cost over £72.5m ( £35.2m for support staff ) which was the equivalent of 1410 jobs (you’ll recall that the employers said we shouldn’t advise you that that meant 1410 job losses, but they couldn’t say how many).
Meeting on the 27th of November
The employers informed us the proposal had been tweaked slightly and that there would be no further negotiations but instead the college leaders had decided that the ‘offer’ should be full and final. This full and final ‘offer’ no longer included any proposal for a joint approach to the Scottish Government for funding.
Job Security
The wording which has been offered around job security is now as follows:
“Employers recognise the financial pressures facing the college sector, however, any compulsory redundancies will not be related directly to this pay award”.
This is a change from the position they held previously that redundancies would be required as a result of the pay ‘offer’ but does not really give staff much more comfort or security. On the contrary, it just raises questions about what alternative justifications may now be used for compulsory redundancy measures. Does it mean, for example, that the pay award will not in and of itself involve compulsory cuts to jobs but that any refusal on the part of the Scottish Government to fund the award, could produce the same outcome?
Funding of £51 million has been sought by the employers for the first two years alone. When the employers were asked what would happen if the funding didn’t materialise for the full three-year proposal, they said it was “a risk they were willing to take”. We believe this would be a risk to more frontline support staff jobs as opposed to the jobs of Principals, Chairs of Boards or HR leaders who seldom find themselves at the sharp end of any crisis in the sector.
We asked if the failure to secure the £50m of funding to cover the pay deal would endanger jobs and the employers failed to answer. They merely repeated the usual lines about compulsory redundancy measures being used as a last resort. In Shetland College, UNISON has just issued a letter of dispute in relation to threats of redundancy and failures to consult. The Principal of another college told us this month that if there is no funding for the pay deal they would be insolvent.
Wednesday the 6th of December
At the side table meeting, pay was again discussed. We informed the employers of our successful ballot result, and our proposal was to ask them, again, to allow us time and space to conclude negotiations on years 2 and 3 by detaching the year 1 element (£2,000) and to get it paid into staff bank accounts prior to the year end. We also proposed that we jointly conclude negotiations on the 3rd year of the 3-year deal and then jointly approach the Scottish Government to ask how much they are prepared to fund. For UNISON, this 3-year deal would include a ringfenced avoidance of compulsory redundancy fund to be administered centrally. We also proposed that we jointly work on a strong sectoral avoidance of redundancy policy and procedure which will give further re-assurance that, unlike Shetland, the sector will follow the strong guidance on job protection from the Minister.
The employers advised us they would be happy to continue to talk to avoid industrial action in early 2024 and requested that our proposals were submitted in writing, which we have now done.
We have, this week, issued a press release on the success of the ballot and the potential for industrial action in 2024 unless a resolution can be found. Members may already have seen TV and radio press coverage of our ongoing dispute.
We will advise you of any further developments as they unfold.
In solidarity,
UNISON Scotland Further Education Branch
***Members Update – 5 December 2023***
Please note the ballot result to renew our industrial action mandate was as follows.
RESULT
81.1% in favour of strike action
59.3% turnout
This is an excellent result, and our thanks go to every member and steward who has worked tirelessly to deliver this mandate. We will now discuss further with the Branch Committee before seeking the views of our members on the next steps.
We will be in touch shortly.
***Members Update – 29 November 2023***
Dear Members,
We wrote to you a few weeks ago with an update on the pay dispute and conducted a number of lively and well attended members meetings for members in every college covered by the national machinery. Members fed back that it would be helpful if we also followed that up with a written communication.
Industrial Action Ballot
We are now into the closing days of our ballot to renew our mandate for industrial action, and we urge you all to make one last effort to send in your ballot paper and encourage your colleagues to do likewise. The ballot result will be known on the 4th of December, and we will inform our members immediately. It is not easy to deliver two strike mandates when we have been struggling for twenty-one months without pay but we have been completely inspired by your continued resolve. The EIS, as you know, missed out by a very small number of votes over the summer.
Background
As you know, we submitted our pay claim to the employers last September. We are now fifteen months overdue for our pay rise for last year and three months overdue our pay rise for this year.
The employers first stated they could not give us an offer which would be acceptable. They then issued us with two further offers in the early part of the year which they said was all they could afford without bankruptcy. You will recall that those offers were 2% & 3.5% respectively. This would have been the equivalent of £500 & £875 for someone on £25k and was rejected but us as being unacceptable. They gave us nothing on pay harmonisation, job evaluation and terms and conditions which featured heavily in our pay claim.
The next offer would be a two-year deal of £2,000 and £1,500, which, for this year, was £500 less than many local government workers. However, they also then made it very clear that with this offer would need to come with job losses and would not rule out compulsory redundancies. Although the employers are now trying to deny linking the pay offer to compulsory redundancies communications from at least two Principals to staff are shown below. One of these was directly from College Employers Scotland.
“This means tough decisions will have to be made locally, including redundancies in some instances”.
“It means delivering the final pay award on offer will already require difficult decisions to be made about course delivery, and in turn jobs”.
Despite two disputes meetings, ACAS involvement and two proposals by UNISON to resolve the dispute the employers did not make any further changes and industrial action went ahead in September and October.
Post Strikes
After the strikes, the Scottish Government invited both sides to reach an agreement on a three-year deal and to return to the Scottish Government. The Minister seemed very keen to avoid industrial action in 2024 and wanted to break the annual cycle, no doubt to enhance his party’s re-election prospects.
Unfortunately, the employers didn’t seem to get the memo about negotiating a settlement and instead, placed a three year offer on the table for 3.5% in the third year. They also advised they couldn’t afford the offer and instead would need to go with us jointly to ask the Scottish Government for money to fund it. We asked how the three-year deal with no funding would make job security any better and asked how many jobs were under threat and where. We also asked how much of the offer they could afford and what the shortfall was in order that we could ask for funding. They were unable or unwilling to follow up with further information but instead wrote to us to advise the whole package cost over £70m which was the equivalent of 1400 jobs but that we couldn’t assume that there would be 1400 job losses and we shouldn’t advise members that was the case.
The employers subsequently wrote to us to then advise they would move position from 3.5% to £1,500 for year three for support staff.
At the next meeting on the 15th of November, we had prepared a negotiation paper in response to the employer’s proposal. In advance of the meeting the employers issued comms to staff and sector to say that a three year offer worth £5k was on the table. These comms were issued in breach of national dispute protocols and designed to undermine a yes vote in the ballot as well as being misleading. We asked at the meeting if this was true, whether it was all funded, whether it was full and final, how much of the £70m they had and would have to ask for and what would happen if the Scottish Government said no.
The employers replied that they couldn’t answer those questions and that the person who knew the answer was not at the meeting. They asked for an adjournment to discuss our questions, came back after thirty minutes and said we need to end the meeting, go away, reflect and discuss with the other colleges. In short, the meeting was yet another failure and another meeting was scheduled for the 27th of November.
Details of what was discussed at the meeting on the 27th will be shared with members as soon as the Branch Committee discusses and takes a position on Friday of this week.
Pay harmonisation and Job Evaluation
We have now had several meetings with the employers on the project. The employers made clear to us their position which is as follows. They wish to restart the project afresh using local teams, do not want equal points for equal pay, do not want a national pay and grading structure but local structures and have not committed to a position no financial detriment for staff.
Our position is the exact opposite of that and negotiations are now beginning in relation to moving the project forward and concluding the exercise. We want no detriment, equal points meaning equal pay, a national pay and grading structure and the conclusion of the national project as agreed.
Both sides seem to be in agreement in relation to the need to address new and evolved roles over the last five years to include within the final outcome.
There is £60m (£12m per year for five years) to conclude the project to distribute money to staff. Another £12m will be added in 2024.
Circular on Covid – 01/20
Members are reminded that COVID absences should not be counted in any trigger point type absence management systems, as per the agreed COVID circular which remains in place. COVID absence are to be classed as special leave and not offset against sickness entitlement.
We have now been advised of one college who are currently in breach of the national agreement, and we will take this up at the national machinery. Members should immediately advise their local steward if they encounter any difficulties in relation to this.
Finally
Despite standard propaganda to staff from the employers about only wishing to see payments in your bank accounts, as soon as possible, the employers have steadfastly refused to decouple the two year offer and ensure you have last year’s payment of £2,000 to get you through this winter. This is exact request we made to them during summer to no avail. We now face a second winter without our pay rise as they try to “starve (you) out”. You will recall this was what was said by one the principals during the 2016 strike action. Some college leaders are trying to distance themselves from the impact of the failure to reach agreement as though it were somehow ’s nothing to do with them.
Keep strong and remember the employers’ behaviour when we come through the other side of this dispute.
Solidarity
***Members Update – 7 November 2023***
Further to our members’ update last week, we can now advise that the employers have now confirmed the next meeting date will be the 15th of November. This is limited, it seems, to 2 hours which is regrettable, but we will continue to request that the meeting gives us time to work through the issues in a proper manner.
The employers have supplied us only with the cost of the 3-year deal for lecturers and support staff broken down by year and an estimate of how many jobs this deal would cost if the sector were unable to fund any of it. We have asked them how much they can afford, what the shortfall will be and how much we need to ask the SG for to avoid compulsory redundancies but there has been no response.
Last week, we met the employers on the national job evaluation project for the first time since before summer and the employers laid out their position on where they see the project, local pay and grading, “winners and losers” and longer-term evaluations of roles going forward. We disagree with the employers’ position and have agreed to meet with them urgently to try to negotiate a bridge between the two positions. We will keep members updated.
Meanwhile, the ballot is underway, and most members will now have their ballot papers. If you have not, please call 0800 0 857 857. It is imperative that we keep pressurising the employer to come to a proper settlement for staff. Your role in doing that is to VOTE YES, VOTE NOW and post your ballot paper without delay. The pressure is working, and the employers have already advised us that they will look to improve the monetary element of the 3rd year proposal next week where we will advise them of how we can resolve this dispute.
Several individual colleges, outside the agreed norms/protocols of national bargaining, have begun to try to undermine the ballot by making questionable assurances around job security around the current pay offer. Only your trade union will reliably advise you on the progress of the negotiations and matters around job security so please be cautious and discerning when reading these types of communications from college senior management teams. Collective bargaining is a national matter and communications on any formal offer including job security matters should come from the joint national machinery once settled – not during live negotiations from individual colleges. We have already seen some inaccuracies issued in these communications and urge caution with them.
Vote yes and vote now!
In solidarity,
UNISON SCOTLAND Further Education Branch
***Members update – 1 November 2023***
We wrote to you two weeks ago with an update on the pay dispute and have some additional developments to report as below.
Industrial Action Ballot
You should be aware that the ballot to renew our mandate for strike action opened yesterday. This mandate will only be used if ongoing negotiations fail to settle the dispute. A renewed strike mandate is required in order to give us the strongest hand possible in these continuing dispute talks. The ballot opened on the 30th of October and will close on the 4th of December 2023.
Over the next few weeks, we hope to arrange and hold member meetings in workplaces and online in order to update you on negotiations and answer any questions you may have.
Next pay dispute meeting with employers
We await confirmation of the next pay dispute meeting and are hopeful this week take place week commencing 13th of November. We previously advised that the employers had proposed we consider an unfunded year three of 3.5%. As you know, a pay award in percentage terms, means significantly more money (in some cases more than double) for middle and higher earners like lecturers and senior staff than it would for support staff. This is clearly unacceptable. We will canvas your views on this shortly in any case.
The employers also told us that although they were tabling this ‘proposal’, they were unable to afford this and that we would need to jointly approach the Scottish Government in order that this would be paid.
You will recall that we asked the employers to supply the cost of the proposal and details of how much of this was affordable to them. During the October week, we received some very limited financial information, which does not satisfy our needs or answer specific questions in relation to the number of jobs under threat of compulsory redundancy and the amount of money that would be required to avert these job losses. From the vague and scant information provided, we are more concerned than ever about the threat of compulsory redundancies, and we believe this explains the refusal to provide detailed estimates of job losses broken down by college. This lack of transparency is a real cause for concern and perhaps conceals the sector’s real agenda for the next 22 months or so.
We will continue to press for the information we require in order to meaningfully bargain at national level on your behalf. You will be kept updated on the progress of talks.
Communications from Employers regarding the Pay Offer
The employers have been issuing a series of disingenuous and inaccurate communications in a bid to mislead our members about the pay offer. We know that most of you will treat such communications with the contempt they deserve and hold out for the spin free version of events from your trade union. Our sister trade union, UNITE, has already had cause for formal complaint on the basis of inaccurate information issued on their ballot. Rest assured, we will keep the Minister and others informed of these behaviours.
Political Engagements
The Branch had a very positive meeting with Labour MSP and Education Lead, Pam Duncan-Glancy on the matter of compulsory redundancies, matters around poor governance and Fair Work. We will continue to engage with politicians on all sides of the political spectrum in order to hold the SNP Government to account on the very troubling matters affecting FE.
Circular on Covid – 01/20
Members are reminded that COVID absences should not be counted in any trigger point type absence management systems, as per the agreed COVID circular which remains in place. COVID absence are to be classed as special leave and not offset against sickness entitlement. Colleges were recently reminded by the national machinery of the need to continue to comply with the terms of this circular and members should immediately advise their local steward if they encounter any difficulties in relation to this.
The Branch recently dealt with a case at one college in which part-time workers were treated less favourably in relation to annual leave and closure days/public holidays than their full-time counterparts. This is unlawful. This case was corrected going forward to the benefit of the members affected following representations made by the local UNISON stewards. Any part-time members facing the detriment at their own college, should contact their own local steward who will seek to resolve this on your behalf.
UNISON Scotland Further Education Branch
***Members Update – 12 October 2023***
We wrote to you last week to advise you on the latest news about our national dispute.
Today we conclude our third and final wave of industrial action until we re-ballot you to renew the mandate and ensure we continue negotiations with the strongest possible hand – in the form of a renewed strike mandate for the membership.
There is no doubt our action to date has resulted in movement with the Minister and the employers. We have detailed feedback below on both meetings.
Meeting with the Minister 5th October
As advised, we met with the Minister on Thursday of last week. This meeting was generally useful, lasted more than an hour and we discussed at length how we could resolve this dispute.
The Minister expressed his disappointment that we had failed to make progress and that there was a lack of activity to that end over the summer period. He was also aware of the press coverage our dispute was having and he agreed with us that there was a lack of positive news stories about the FE sector. He advised us that there would be good news in the future for the sector with the changes which were coming and the plans he had in mind. He was concerned that the good news could be overshadowed by the constant industrial unrest in the sector which dominated the headlines.
We advised him that our members had not taken action since 2016, had waited over a year without pay before taking action this year and that we had had five meetings including involving ACAS since the last offer in an effort to resolve this dispute. We also advised that the employers had not changed position since the end of May but that we had made two proposals to resolve the dispute which were rejected and that it was incorrect that we had not engaged all summer. We were also clear that it was not UNISON members who had caused this mess and not UNISON who failed to provide creative solutions to end it.
The Minister was very keen to see an end to the dispute and indicated that the employers would make us an offer the following day. We advised The Minister that if he was providing “financial flexibilities” for the sector as they had requested then he should demand job security for staff as a result. We explained that it would be relatively easy to avoid compulsory redundancies in the sector if, as they say, very few colleges were actually planning these. All they would have to do is provide a national pot for voluntary severance (VS) and allow colleges, on a genuine last resort basis to apply for it following a process which involved meaningful engagement and consultation with the trade unions.
The Minister and our negotiating team left the meeting feeling reasonably positive about the meeting scheduled with the employers the following day. How wrong we all were.
Meeting with the Employers 6th October
Despite attending picket lines first thing on the Friday morning, UNISON attended the offices in Stirling for the meeting with the employers. The employers decided instead to dial in which we had advised was not the best environment for proper negotiations. The employers came with a new Chair as lead and a number on their side who had not been there throughout the negotiations this year which meant there was no continuity and a repeat of the same arguments from the last 13 months when we had hoped to be working through those positions and trying to find a resolution.
New ‘proposal’
The Management Side tabled a new ‘proposal’ which introduced the notion of a three-year deal with 3.5% in 2024/2025. This would work out at approximately £694 in the 3rd year for some and £1,505 for a lecturer on £43,000 for example. You will be aware of the unfairness of such a proposal, as are the employers, as we have discussed how unacceptable this is on a number of occasions and settled negotiations in previous years have been comprised of the same flat cash settlement for all.
The employers also reiterated their view that a no compulsory redundancies guarantee was not included in the proposal.
Astonishingly, the employers then advised us that they couldn’t afford the 3rd year and we would need to go jointly to the Scottish Government to ask them to help us fund it. We assume then if any proposal was even accepted and was not paid for by the Scottish Government then it would mean either the withdrawal of the offer or wait for it, more redundancies!
Our questions
We asked how much they could afford of the new year three proposal and how much it would cost. We also questioned the attractiveness of a three-year proposal as there was no movement on the guarantee of no compulsory redundancies and that adding a third year unfunded would only make matters worse. We also asked how much funding would be required from the Scottish Government in order to get a no compulsory redundancy guarantee. We advised that any new offer would need to come with changes to the amount, a flat rate (not a percentage) for all and a guarantee of no compulsory redundancy.
Employers’ response
The employers were unable to supply us with any answers on costings or affordability or how many colleges would have to make redundancies this year but that they would attempt to get us those at a later date as the only member of the team (a finance role holder) who could answer that question was not there. They re-iterated they would only be in a position to make the year three offer subject to support from the Scottish Government and requested a joint approach be made to fund that element of the pay deal. The employers stated that to get a guarantee of no compulsory redundancies and full funding for the whole pay deal would cost “hundreds of millions of pounds” in recurring funding from the Scottish Government.
The employers asked us to provide comments on the proposals or provide counterproposals and that it would like to meet again soon to continue the discussions. We, of course, will be happy to do so and meet them in the hope that they are properly prepared for a future meeting of such importance.
Next steps
After we receive the financial information from the employers, we will be in a position to issue a counter proposal. We will try to reach agreement with the employers on a three-year deal if this includes a guarantee of no compulsory redundancy. We will need, of course, to radically change the financial offer in year three. The 3rd year seems to be attractive to the employers and the Minister and we suspect that some funding may be made available if a deal is struck.
Our view is that if the Scottish Government provide a national pot for VS and allow colleges, on a genuine last resort basis, to apply for it following a process which involved meaningful engagement and consultation with the Trade Unions then that would not cost the “hundreds of millions” quoted by the employers.
Industrial Action
As the membership concludes our 3rd day of action you should congratulate yourselves for standing up against the employers morally bankrupt position of threatening you for asking for a fair pay rise free of threats to jobs.
The story of our dispute has seen messages of support from around the UK with a well-wisher travelling up from Liverpool for a picket line on Monday morning to express solidarity and the General Secretary, Christina McAnea sending a message to our strikers from London. Union activists around the UK have been amazed by the photographs coming from our action. We have had coverage in the national and local press with even the Minister commenting on seeing his face in the newspaper last week.
No other workers are faced with this type of threat, and neither should you. It is clear the employers want us to give them a green light for future compulsory redundancies and have been, up until now, prepared to starve you out to do so. You action has forced intervention from the Minister and sent the employers back to the negotiating table. Remember that it was only recently at ACAS that the employers said there was nothing else to talk about. You have changed that.
Let’s keep going and keep the pressure on while we negotiate. We will advise you of the new strike ballot dates shortly. We need you to vote YES to give us the strongest possible hand in these continuing negotiations. A renewed strike mandate is the leverage needed to help us resolve this dispute. All three unions are united on the next steps.
While colleagues across the sector are being made compulsorily redundant, no one is safe from the same threat and an injury to one represents an injury to all, so we need to keep up the collective fight!
In solidarity,
UNISON Sotland Further Education Branch
***Members update – 3 October 2023***
Tomorrow we embark on our third day of strike action before we then need to renew our mandate by re-balloting our membership to cover us for any further strike action that may be required beyond the 12th of October 2023.
It is crucially important that members stand firm and stand strong in taking strike action on day three. In the majority of colleges, picket lines will be UNISON only, so we need an even greater turn-out to show strength of feeling amongst the membership.
EIS will be taking targeted action in the constituencies of key politicians only so the majority of colleges will only have UNISON picket lines for the first time since our action began. The following colleges within key constituencies will have UNISON/EIS picket lines (Clyde, Dundee and Angus and Fife colleges) but for all others, we need even greater numbers of UNISON members taking up position on the pickets! This will send a clear message to the employers and the Scottish Government that a solution needs to be found and quickly. So, flags, banners, picket pets and noisemakers at the ready once again! See you there!
The action already taken by a hugely determined membership has made a massive difference. A meeting will now take place with the Education Minister on Thursday morning at the Scottish Parliament and on Friday, there are talks with the employers in Stirling. We hope that there will be a negotiated settlement resulting from these meetings but cannot rule out yet another pre-prepared/unacceptable offer being put in front of us on the day. While both of these scheduled meetings are encouraging, we do need to keep the momentum up and the pressure on. You know what to do!
Meanwhile, compulsory redundancy termination notices have already been issued to some colleagues across the sector. While this is taking place, no one is safe from the same threat and an injury to one represents an injury to all, so we need to keep up the collective fight!
Here is the list of scheduled action by college:
4th October – Dundee & Angus College, Fife College, Glasgow Clyde College
5th October – West Lothian, North Highland, Moray College
6th October – Forth Valley, Perth College, Inverness
9th October – Dumfries & Galloway, Ayrshire College,
10th October – City of Glasgow, Glasgow Kelvin College West College Scotland
11th October – New College Lanarkshire, South Lanarkshire
12th October – North East Scotland College, Edinburgh
We have also included a link to a video from General Secretary, Christina McAnea who extends her solidarity, and a country-wide collage of picket line memories from our first national day of action.
https://www.unisonfe.scot/photos-videos/
In solidarity,
UNISON Scotland Further Education Branch
***Members Update 21 September 2023***
You’ll recall that when we last wrote to you there was a refusal by the Minister for FE & HE to meet with us.
Since then, our collective strike action and subsequent appeal to the First Minister and Cabinet Secretary for Education for an urgent engagement to resolve the dispute has secured an imminent meeting with Graeme Dey.
This would seem indicative of a new and long-awaited urgency from the Scottish Government to try to resolve this dispute.
This movement is, undoubtedly, a result of the industrial action undertaken by our members up and down the country.
The pressure we have already applied needs to be maintained and members need to stand ready for further action which we have announced today. This action will proceed unless a resolution comes prior to the scheduled strike dates.
Details of this third day of action, by college, are detailed below:
4th October – Dundee & Angus College, Fife College, Glasgow Clyde College
5th October – West Lothian, North Highland, Moray College
6th October – Forth Valley, Perth College, Inverness
9th October – Dumfries & Galloway, Ayrshire College,
10th October – City of Glasgow, Glasgow Kelvin College West College Scotland
11th October – New College Lanarkshire, South Lanarkshire
12th October – North East Scotland College, Edinburgh
We hope that all members join us on picket lines and on strike on this potentially pivotal third day of action. New recruits are signing up in their droves and we should continue to encourage non-members to join us in this fight for a fair pay rise and job security. The union makes us strong!
We will be in touch with you as soon as there are any further developments to report.
Meantime, you should congratulate yourself on the undoubted difference you have made to date.
Stay strong, stay solid and we will win.
In solidarity,
UNISON SCOTLAND FURTHER EDUCATION BRANCH
***Members update 12 Sep 2023***
Thank you to all of you who turned out on the picket lines and took industrial action this week and last week.
Our first national day of action last week saw the picket lines the length and breadth of Scotland awash with UNISON colours, flags, banners, noisemakers, and even some picket line pets all taking a stand in the fight for a fair pay rise that will not be funded by compulsory redundancies. Members of the public were solid too in their displays of support as they waved and tooted from passing cars and even from public transport, and local schoolchildren joined the action too. The public are well onside but where is Graeme Dey?!
It is important that our members understand that an elected MSP and Minister, refused, on the eve of industrial action to meet with us. Prior to that, he refused to meet the Branch delegation that went to the Scottish Parliament to deliver your giant postcards that detailed our key postcard campaign demands to save a sector in crisis.
As you will see from the correspondence attached, Mr Dey has done little more than to express his disappointment at our strike action and has claimed to be powerless to intervene, other than to promise more financial flexibilities to an already out-of-control ‘leadership’, some of whom would sooner close nurseries than downsize expensive and unwieldy management structures to balance the books. UNISON will be considering escalation options imminently.
Support the strikes. turn out on the picket lines, join the fight and get involved!
We will send you all quick links very shortly so you can notify your MSPs of the upcoming schedule of industrial action and seek their support on the picket lines.
In solidarity,
UNISON Scotland Further Education Branch
***31st August – update on the pay and redundancies dispute***
ACAS
The meeting with the employers and ACAS (Advisory, Conciliation and Arbitration
Service) yesterday resulted in an impasse with no agreement.
Despite two proposals from the Unions to resolve this strike the employers have not
changed position since May.
UNISON have advised the employers that we are available to discuss any proposals
to resolve this dispute at any time before or after next Thursdays first day of action.
Meeting with Graeme Dey
At the time of writing the Minister has yet to respond to our request for an urgent
meeting to discuss how we can resolve this dispute. We will now write to Jenny
Gilruth, Cabinet Secretary for Education and Skills.
There will be a demo outside the Scottish Parliament after the strike action, The EIS
plan to run buses from most workplaces on the morning of the first strike on the 7th.
They are inviting UNISON members to take seats. If you wish to come along let your
local steward know. It will be fun and a great way to end the first day of action by
targeting the employers as well as the Scottish Government for their failure to
resolve this dispute.
Strike Pay
The form to claim strike pay is now available on our website.
Principals pay rise
Extracts from Audit Scotland report shows that Margaret Cook who is the Principal in
Perth College was awarded a whopping £8,500 pay rise despite the fact that we are
still waiting on the outcome from Job Evaluation 5 years down the line. When
ordinary staff are being threatened with compulsory redundancies and offered subinflationary pay ‘rises’, the out-of-control leadership in the sector continue with their
personal enrichment agenda at the expense of front-line services like nursery
provision. £8.5k pay rise for Perth College Principal and not in keeping with good
governance on senior pay either. We will be approaching Graeme Day MSP for
comment.
www.audit-scotland.gov.uk/uploads/docs/report/2023/aar_2122_perth_college.pdf
Safety Representatives & Safety Committee Regulations 1977 (SRSC Regs)
Unison has now informed the employer of dates for industrial action, commencing with
7th September 2023. We have made the colleges aware that under Safety Representatives
& Safety Committee Regulations 1977 (SRSC Regs) Unison Safety Representatives
represent the interests of all Support Staff. Consequently, we must ensure that suitable and
sufficient health and safety arrangements are in place across the workforce, and your
employers continues to meet their duty of care under the Health & Safety at Work Act 1974.
therefore, we have asked for the following info:
1. The name or names of the competent person(s) in each campus or workplace
location that you intend to open on a day of industrial action
2. The general risk assessment for planned industrial action days, again for each
campus or workplace location you intend to open
3. Confirmation of your arrangements for fire safety, including a copy of the revised fire
risk assessment for periods when fire warden numbers will be limited, and some staff
will be working in isolated areas. Please confirm the number of fire wardens that will
be present in each location, and the date each of them last completed fire warden
training
4. Confirmation of your arrangements for first aid, including a copy of the revised first
aid risk assessment that confirms you are able to comply with emergency
arrangements. Please confirm the number of first aiders that will be present in each
location, and the date each of them last completed first aid training
5. The arrangements you have in place for any lone workers
6. The arrangements you have in place for anyone who may be working remotely or
from home, in the event that their manager is unavailable and emergency
intervention is required
7. The arrangements you have in place under Management Regulations 15 (temporary
workers), MR16 (new or expectant mothers), MR19 (young persons) and finally, any
special arrangements for workers with disabilities. In this regard, please confirm that
all disabled workers with a Personal Evacuation Plan (PEP) will have suitable and
sufficient evacuation arrangements in place in accordance with their existing PEP.
Industrial Action
We are concluding the series of members meetings taking place across colleges in
Scotland this week. Volunteers for pickets have been coming forward in good
numbers. If you want to picket or join the protest outside your college please get in
touch. It is time for all of us now to step up to help organise and support the action.
Speak to your colleagues about joining us, consider stepping up to become an
activist, volunteer for picket lines and help with placards and materials as well as
supporting this fight publicly.
No one should have to pay for their own pay rise with their job.
Support the strikes, support the staff, support the sector.
United, we can win
***28 August 2023 – Members Update on the pay and redundancies dispute***
Industrial Action
As a result of the failure of the employers to make us an acceptable pay offer, we are now calling Industrial Action across the sector.
Please note that our strike action has been agreed with the EIS and UNITE as far as we possibly could to ensure maximum impact. We believe that this joined up action will help us to win our dispute and provide a fair pay deal for our members.
All colleges where we hold a mandate for action are being asked to take part in a national day of industrial action on 7th September 2023. These colleges are:-
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City of Glasgow College |
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Edinburgh College |
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Fife College |
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Glasgow Clyde College |
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West College Scotland |
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North East Scotland College |
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Glasgow Kelvin College |
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Ayrshire College |
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Dundee & Angus College |
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New College Lanarkshire |
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UHI Argyll |
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UHI Moray |
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UHI Perth |
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UHI Inverness |
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Borders College |
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Dumfries & Galloway College |
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South Lanarkshire College |
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West Lothian College |
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Forth Valley College |
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Newbattle Abbey College |
Following this, we are calling a rolling programme of strike action where members in specific colleges will take strike action on certain days. This programme of action will be as follows:-
11th September – New College Lanarkshire and Orkney
12th September – Glasgow Clyde College
13th September – Forth Valley College and Moray
14th September – Glasgow Kelvin College and North East Scotland College
15th September – Fife College
18th September – West College Scotland and Newbattle
19th September – Ayrshire College and UHI Argyll
20th September – South Lanarkshire College
21st September – Dumfries & Galloway and Dundee & Angus
22nd September – UHI Perth College
25th September – UHI Inverness
26th September – City of Glasgow College and Borders
27th September – Edinburgh and West Lothian
Members can visit our pay website at www.unisonfe.scot/pay-2023 or by using the following QR code where you can access our Industrial Action FAQs. This document will continue to be updated as more questions are raised by members so please check back regularly.
It is time for us all now to step up to help organise and support the action. Speak to your colleagues about joining us, consider stepping up to become an activist, volunteer for picket lines and help with placards and materials as well as supporting this fight publicly
No one should have to pay for their own pay rise with their job.
Members Meetings
As you know we have a schedule of member meetings arranged so please make the effort to come along and ask any questions that you may have. Some have already taken place but the remaining meetings are as follows:-
24th August, 12.15pm – Springburn Campus, Glasgow Kelvin College
25th August, 1.00pm – Dunfermline Campus, Fife College
29th August, 10.00am – Livingston Campus, West Lothian College
30th August, 12.30pm – Ayr Campus, Ayrshire College
30th August, 1.15pm – Falkirk Campus, Forth Valley College
31st August,
We look forward seeing you over the next couple of weeks!
Request to involve ACAS
We updated you in our last communication that we had been offered dates to attend ACAS after we asked the employers to agree to approach them for mediation on the pay dispute. The date of 30th August has now been confirmed and we will keep you up to date on how matters progress.
It’s time to act; get involved and show that we are together in this fight for fair pay. United, we can win.
UNISON Scotland Further Education Branch
***17 August 2023 – Members Update***
Update on pay and redundancies dispute in further education
Request to involve ACAS
You are aware that on the 1st of August we wrote to the employers to request that the dispute process moves to the final stage with a referral to ACAS (Advisory, Conciliation, and Arbitration Service). The employers wrote to us eventually today to confirm two options of dates to meet (30th of August and 6th of September). We will confirm immediately. It is concerning but not surprising that despite the imminent notification of Industrial Action in the sector it has taken so long for the employers to arrange this. It would appear that despite the employers’ public statements about wishing to resolve the dispute quickly, their actions suggest something different.
Questions to the employers on the 28th of June
You will recall that on the 28th of June we requested information from the employers in relation to this dispute. The employers responded on the 13th of July but refused to supply the information requested. We again requested that they supply this information on the 1st of August. It is clearly another refusal with a one-line response to most of the questions stating, “answers have been provided to the questions raised”. These were reasonable requests for information to assist in resolving the dispute, some of which were requested by you. This information would have allowed us to rigorously examine the statements the employers have made in about the affordability of our claim. Provision of information like this is recommended in a recent report commissioned by the Scottish government to improve industrial relations in further education.
We believe they have a duty to disclose, for the purposes of collective bargaining, information requested by representatives of the unions. Failure to do so leaves us considering our options.
Industrial Action
We are arranging a series of members meetings in colleges and online across Scotland to update members on the negotiations and upcoming industrial action.
We will also continue to gather your views on the current position through the link below if you have not already done so.
It is time for us all now to step up to help organise and support the action. Speak to your colleagues about joining us, consider stepping up to become an activist, volunteer for picket lines and help with placards and materials as well as supporting this fight publicly.
No one should have to pay for their own pay rise with their job.
United, we can win.
***2nd August 2023 – Members Update***
Dear Members,
2nd August – update on the pay and redundancies dispute
Member Consultation
As you are aware, we have been consulting members over the last few weeks on the current position on pay and the employers’ threat to jobs.
If you have not yet responded, we still wish to hear from you and you can still respond on the link below which we will keep open.
https://www.surveymonkey.co.uk/r/FGRM53J
Many of you, though, have responded and we have very clear feedback now which fully supports the Branch position.
The members have overwhelmingly stated that they will not accept the current proposal while there is a threat to jobs.
The members are overwhelmingly in agreement that we should now proceed to the final stage of the dispute and refer it to ACAS (Advisory, Conciliation, and Arbitration Service).
Members responded positively to the option of a one-year deal.
Employer negotiations
As a result, on Friday the 21st of July we offered a second proposal to avoid industrial action and to end the dispute. This consisted of a settlement for this year (2022/2023) only, of £2,000, which would have given us the time and space to work with the employers on removing the threat to our jobs and working on an avoidance of redundancy agreement quickly. As you are aware, this would not cost a penny more than the employers have already put on the table for this year.
The employers rejected this offer suggesting that our members would benefit from the stability of a two-year deal. As you know the employers’ version of stability includes a threat to jobs next year.
You will recall we previously advised you that they also rejected our previous offer on the 28th of June after just seven minutes. This first offer proposed that the unions and employers jointly work with the SFC and Scottish Government to provide the same no compulsory redundancy guarantee for college staff. This is the norm in other areas of the public sector and would have ruled out any compulsory redundancies for the duration of this agreement.
On the 1st of August we wrote to the employers to notify them of our desire to now move to the final stage of the disputes process by referring it to ACAS. We await their response.
Industrial Action notice
It is clear that we now must prepare for Industrial Action and to act on the mandate you have given us. We will, of course, continue to give the negotiations every opportunity to succeed. That preparation begins now with the expectation that action will take place on the week commencing 4th of September – six weeks’ time.
We will start to deliver materials over the next few weeks and will contact you to advise on members meetings to prepare. It is time for us all now to step up to help organise and support the action. Speak to your colleagues about joining us, consider stepping up to become an activist, volunteer for picket lines and help with placards and materials as well as supporting this fight publicly. If we are organised and united, we can win.
Thanks to you all for your continued solidarity and support during what we know has been a difficult period for us all.
31st May 2023- Update
Branch representatives have another national dispute meeting with employers on our current pay claim.
This afternoon, representatives will meet the Minister in the Scottish Parliament to discuss the ongoing threat of compulsory redundancies to our members, failures to properly consult over VS, our petition and the ongoing pay dispute.
We will, of course, keep members advised of outcomes but in the meantime, we urge members to sign/share our petition if they haven’t already done so:
https://chng.it/87RCKPR8
27th September 2022
FURTHER EDUCATION NJNC SUPPORT STAFF
PAY CLAIM 2022/23 (date of effect 1st September 2022)
Submitted by UNISON, UNITE, GMB
Cost of living pay increase
UNISON, UNITE, GMB seek a consolidated flat rate payment of £5000 added to all Support
Staff Salary points, including outsourced staff, with effect from 1 September 2022 with an
additional Distant Islands Allowance payable for all sector support staff who incur the
additional expense of living and working in these remote locations. Pro-rata arrangements
should apply for part-time staff.
Early payment of new Living Wage rates
In response to unprecedented times and to protect the some of the most vulnerable staff
in society, the Living Wage Foundation has brought forward the announcement of its 2022-
23 Living Wage rates to late September. As encouraged by The Living Wage Foundation
itself, we request early implementation of the new rates. Specifically, we request
payment within four weeks of the new rates being announced, for all directly employed
and indirectly employed staff. Early payment would offer a crucial lifeline to some of our
lowest paid staff who find themselves at the sharpest end of the economic crisis.
Bargaining Arrangements for Senior Staff
College Boards have historically found ways either directly or indirectly to ‘look after’
senior staff. Despite the national machinery being in existence for well over five years,
separate pay arrangements for the highest earners remain. The national employers have
been, allegedly, ‘looking into’ how senior staff in the sector will be brought into the scope
of national bargaining pay awards, like everyone else. However, this matter remains
outstanding. Since the earliest meetings of the machinery, the employers have failed to
make progress on this matter, and Boards continue separate remuneration practices for
some senior staff. This not only seems wasteful in terms of time and resource but leads to,
and has led to, inconsistency and unfairness.
Our members have overwhelmingly signalled their support for these members of staff to be
brought into the scope of the normal bargaining arrangements. This would allow better
oversight of available funding and would lend itself to fairer, more transparent pay
arrangements, meaning limited funds could more readily be distributed to the source of
greatest need during these extraordinary times of crisis.
Living Hours Accreditation for the sector for all directly employed and outsourced staff
The right to a contract that reflects accurate hours worked, a guaranteed minimum of 16
hours a week (unless the worker requests otherwise). No zero hours contracts and at least
4 weeks’ notice for every shift, with guaranteed payment if shifts are cancelled within this
notice period.
Reduced working week of 30 hours
No material movement has taken place on the four-day week since our last pay award.
This represents a breach of the agreement to have set up at least one college-wide trial.
Considering last years’ failure of the sector to offer an inflationary pay award, we are
seeking a reduction in the working week by way of recompense. This will also create a
pathway towards our national objective of a four-day week for all and ease the sector’s
spiralling work-related stress problem.
National Phasing into Retirement Plan
In order that an employee can adjust to the prospect of retirement, a retiral plan
including use of any outstanding annual leave and gradual reduction in working hours can
be agreed and put in place six months before the date of retiral. A gradual reduction in
hours to be introduced three months prior to retirement (pro-rata for part-time staff), in
line with the needs of the service, for example:
Third month before retiral – 4 days or 80% of contractual hours
Second month before retiral – 3 days or 60% of contractual hours
Last month before retiral – 2 days or 40% of contractual hours
During the phased retiral reduction in hours, the employee will continue to be paid as if at
work.
National Pay and Grading structure and pay harmonisation for all support staff as an
outcome of the national job evaluation exercise
Agreement on a national pay and grading structure for support staff. We reiterate the
same long-standing request and refer you to the same supporting arguments we made last
year in relation to this. Teaching colleagues enjoy sectoral pay harmonisation and support
staff need to know that they are to be treated with parity in this respect. As the national
job evaluation project concludes, employers need to give long overdue agreement to
national pay harmonisation for support staff. Failure to do this swiftly, will delay pay
outcomes for all.
Catering subsidy for staff
For each member of support staff, £100 college canteen and shop subsidy voucher. Not
only would this drive business to college food outlets, increasing job security for catering
colleagues but it would ensure staff can eat affordably while at work. This would also help
address food poverty issues for staff during the worst attack on their living standards in
decades.
Annual leave
Upward harmonisation of annual leave days to reflect the maximum allocation for support
staff within the sector – 49 days per annum for all staff. The sector should also be aware
of the Supreme Court ruling on annual leave provision for part-time staff and holiday
allocations should be amended for part-time staff accordingly:
UNISON-supported legal victory secures new holiday rights for all workers | News, Press
release | News | UNISON National
National Career Break Policy (for support staff)
To support career aspiration and progression, a career break policy should be jointly
devised to provide opportunities to trial new career paths. Agreement should be reached
by September 2023.
Union/management NJNC compliance group
Significant slippage on multiple non-pay aspects of previous pay agreements is eroding
trust in the employers’ commitment to delivery and suggests there is an acute need for a
joint union/management compliance group within the NJNC to ensure urgent retrospective
delivery on aspects of previous pay offers and to proactively monitor timeous
implementation of new agreements. There has been no such monitoring mechanism
established to date despite previous promises from the employers:
“The employers commit to agree a programme of work, with a mechanism in place for
monitoring progress, to ensure outstanding and new matters are concluded by, an
anticipated date of July 2023, with monthly milestones agreed.
To date, no such mechanism has been established.
Increased mileage allowance
Staff across the sector are paying the price of increased fuel costs as reimbursement rates
have remained unchanged from £0.45 per mile despite recent astronomical hikes in petrol
and diesel costs. This is unacceptable – the updated mileage rate for NHS Scotland workers
of £0.55 per mile should be the starting point for discussion in FE.
Mental Health Days
As we approach World Mental Health Day on the 10th of October 2022 and with life getting
increasingly more stressful for ordinary working people by the day, we reiterate our
request, for two flexible wellbeing days per year to support staff mental health.
Rates and Allowances
An increase in all rates and allowances to reflect the increased cost-of-living and to retain
parity with rates of pay. During last year’s negotiations employers offered to increase first
aid rates. However, this did not find its way into the final offer.
Matters overdue from previous pay agreements
While the following are not included within the current pay claim, they do remain
outstanding from previous claims and the employers require to implement these with
seriousness and urgency:
Living Wage harmonisation
Sectoral harmonisation of how the annual Living Wage top-up is being applied, as well as
how cost of living pay increases are being paid (or not) to staff on the Living Wage;
Miscellaneous Paid Leave
Immediate upward harmonization of miscellaneous leave across the sector. This is already
long overdue and was agreed as part of the 2020 pay claim as an action for the Terms and
Conditions Working Group who have failed, to date, to even add this to a meeting agenda:
Parental Leave – A maximum of 15 working days will be paid and 75 days unpaid per child
pro rata. Entitlement is based on children’s age. A maximum of 20 days, (five days paid)
can be taken per academic year.
Dependant Leave – 3 working days per academic year
Bereavement Leave 5 days leave
Time off to cope with personal or family difficulties – 3 days
Domestic Emergencies – 3 days
Leave for medical or dental treatment out with normal working hours where reasonably
practicable but where this is impractical, reasonable leave with pay will be granted
Examination and study leave – 5 days
Moving House / Wedding – 1 Day
1 Day Religious and Cultural Observance – Employees who require time off for religious or
cultural observance – some currently require to use annual leave, unpaid leave, flexibility
in hours for this
Jury Duty – paid time off is granted when relevant paperwork is completed by the HR/
Payroll section
IVF – 2 days
Payment of homeworking and hybrid working expenses
Agreement of home/hybrid working policy that provides appropriate recompense for
expenses incurred because of home/hybrid working. We expect such a policy to include
retrospective COVID payments, and hybrid working recompense.
We also re-affirm our call for a best practice national policy on hybrid working, so college
support staff are not sold short on gains from new ways of working following the
pandemic.