51

51/2040 May 2022

University and College Union

Carlow Street, London NW1 7LH, Tel. 020 7756 2500, www.ucu.org.uk

To Branch and local association secretaries, Congress delegates

Topic 51 on-line Congress and sector conferences 1 - 3 June 2022: AGENDA - Second report of the Congress Business Committee, including motions and amendments for debate

Action For debate and decision at Congress 2022

Delegates to make advance speaking request by 17:00, Thursday 26 May. Deadline for further late motions: 17:00, Monday 30 May

Summary The timetable and motions for debate at the 2022 Congress and Sector Conferences, to be held on-line 1 and 3 June, and on-line sector conferences on 2 June 2022

Contact Catherine Wilkinson, head of democratic services (cwilkinson@ucu.org.uk)

 

 

51 CONGRESS AND SECTOR CONFERENCES 2022 – ONLINE MEETINGS

AGENDA

 

Please note the following action points:

·            SPEAKING REQUESTS to be submitted in advance by 17:00, Thursday 26 May (see section 3). Speaking requests can also be made during the course of the meetings but advance notice of speaking requests wherever possible is strongly recommended.

·            FURTHER LATE MOTIONS, if properly approved and meeting all late motion criteria (including urgent and timely), can be submitted by 17:00, Monday 30 May (see section 9). No emergency motions can be submitted during the course of Congress (see section 7).

 

1             Second report of the Congress Business Committee (CBC)

This report from the meeting of the Congress Business Committee (CBC) held on 13 May forms the agenda for the meetings of 51’s Congress and Sector Conferences to be held on-line 1 – 3 June 2022. This report is being sent as part of a mailing to those delegates who requested their papers in hard copy.

2             About this report

Congress motions and amendments are ordered in this report to reflect the order of Congress business. All Congress motions are numbered sequentially. Motions that will be debated in the HE or FE Sector Conferences are numbered sequentially with the prefix ‘HE’ or ‘FE’. Note that motion numbers have changed since CBC’s first report (512025). Motions and amendments which have not been ordered into the agenda by the Congress Business Committee appear at the end of this report, sequentially numbered with the prefix ‘B’. The original text of motions and amendments which have been composited are prefixed ‘C’ and can be found at

Where motions or amendments appear in this report in the name of more than one submitting body but are not described as ‘composite’, this means that the motion or amendment was received in identical form from the submitting bodies listed.

3             Advance speaking requests

All delegates who wish to speak on motions and amendments, including movers and seconders of motions, are asked, wherever possible, submit advance speaking requests. These can be submitted at /Congress2022

Speaking requests can be submitted to all motions ordered into the agenda. Delegates are urged to make their speaking requests at the earliest opportunity, and by 17:00, Thursday 26 May.

Advance speaking requests can include proposals to remit, and challenges to CBC’s report.

Speaking times: Those intending to speak should note that chairs of Congress and the HE sector conference, having discussed this with CBC, will ask that the speaking times set out in standing order 21 be lowered, from the outset, to three minutes for movers of motions, and two minutes for all other speakers.

4             Amendments ordered into the agenda

CBC received amendments from branches, the National Executive Committee and other committees entitled to submit amendments. Amendments are printed in this report immediately after the motion that they seek to amend, and are denoted by the letter ‘A’ after the number of the relevant motion.

5             Late motions, including those not ordered into the agenda

The committee considered 15 late motions submitted to Congress and one each to the sector conferences.

Two late motions to Congress were considered not to meet the criteria for late motions (urgent, timely, requiring a decision of conference, could not have been submitted by the deadline.) These motions were not ordered into the agenda and appear at the end of this report numbered B2 and B3.

One late motion to FE sector conference was considered to be the business of Congress. As this stood in the name of an FE sector regional committee (not a FE regional committee), it could not be ordered onto the Congress agenda. This motion appears at the end of this report numbered B18.

One late motion was submitted in identical form by two submitting bodies and composited with five other late motions to form composite motion 44. The original text of motions which have been composited can be found at

The remaining late motions were ordered into their relevant agendas as Congress motions 4, 13, 19, 39, 40, 45 and 68 and HE sector conference motion HE7.

An amendment submitted to a HE motion was re-ordered as a late motion by the committee; this appears in the agenda as motion HE2.

One amendment was submitted to a motion not ordered onto the agenda in CBC’s first report. CBC determined that the submission of this amendment could not change CBC’s decision not to order the motion (B9) into the agenda. The amendment therefore appears at the end of the agenda numbered B9A.1.

6             Timetable for Congress and Sector Conferences

The timetable for Congress and Sector Conference business appears below.

7             Arrangements for conduct of business

This meeting will include voting (and the results of that voting) in real time. Speaking requests, including procedural motions, can be made during the course of the meeting. Many of the standing orders suspended for the ‘interim’ online format for Congress and special sector conferences do not need to be suspended.

Congress will be asked to suspend the following standing orders:

Voting – standing orders 40 and 41:

40. Voting shall normally be by a show of voting cards. A count shall be taken either at the discretion of the Chair or if one-third or more members of that Conference who are present hold up their voting cards.

41. Before a count employing tellers is taken, the doors of the Conference Hall shall be closed and delegates shall remain in their seats. Once the Chair has ordered that the doors shall be closed, no one shall be admitted until the count is complete.

These standing orders need to be suspended to allow online voting.

Emergency motions – standing order 12:

12. Emergency motions on matters which could not have been submitted other than during the course of Congress may be accepted for consideration if submitted to Congress Business Committee in the name of at least 10 delegations; Congress Business Committee shall make a recommendation on acceptance for debate to the Chair, who shall put the recommendation to Congress, acceptance to be by a two-thirds majority vote.

In addition to the operational difficulties of implementing standing order 12 for a remote meeting, CBC and the chairs of Congress and the sector conferences noted that access to this provision would not be equal for all delegates – delegates would be differently advantaged or disadvantaged depending on their ability to contact other delegates whilst accessing the conference remotely.

 

 

 

8             Adoption of minutes, NEC report to Congress, questions to the treasurer

A number of sets of minutes are presented for adoption as part of these conferences. All minutes can be found here: /congress22docs

Any questions or corrections to the minutes should be submitted in advance to Catherine Wilkinson, cwilkinson@ucu.org.uk , not later than 17:00 on Wednesday 25 May.

Any questions on the NEC’s report to Congress, or questions to the honorary treasurer, should be submitted in the same way, and by the same deadline.

9             Further late motions

Any further late motions received by 17:00 on Monday 30 May will be considered by CBC at a meeting held the following day. No late motions can be considered after this time.

For CBC to accept a ‘late’ motion for ordering into the agenda it must satisfy all the following criteria (in accordance with Congress standing orders):

i it is urgent or timely and requires a decision of Congress or Sector Conference; and

ii it could not have been submitted within the prescribed time limit; and

iii it has been approved in accordance with the standing orders of Congress and the branch/local association rules – normally by a quorate branch meeting.

In submitting a ‘late’ motion, branches/local associations must explain how the above criteria are met, including how the late motion has been approved.

Any further urgent, late motions should be sent to the Congress motions email address, congressmotions@ucu.org.uk, for the attention of Catherine Wilkinson, Head of Constitution and Committees, taking note of the information below about late motion deadlines, and providing all the required information described above. Receipt of late motions will be acknowledged.

Late motions must be received by 17:00 on Monday 30 May.

There will be no provision to submit emergency motions during the course of these meetings of Congress and the sector conferences.


51 CONGRESS and SECTOR CONFERENCES

1-3 June 2022

Timetable of business

In addition to the lunch breaks shown, addition short breaks in each hour will be called by the chair, in all conferences.

Wednesday 1 June, 10:00-16:00: Congress

10:00 Welcome and opening business, including

Welcome from Vicky Blake, 51 president

How business will be conducted, including voting

Report of the Congress business committee

Adoption of minutes of Congress 29 and 31 May 2021 (51/2039)

Address by Dr Jo Grady, general secretary (time to be confirmed)

Business of the strategy and finance committee to be taken in open session (section 1, motions 1-5)

Business of the strategy and finance committee to be taken in private session (section 2, 6-19)

12:30-13:30 Lunch break

13:30 Business of the strategy and finance committee to be taken in private session, continued (section 2, motions 6-19)

Business of the strategy and finance committee to be taken in open session continue (section 3, motions 20-31)

16:00 Close of first day of Congress

 

Thursday 2 June: sector conferences

Further education sector conference, 10:00-16:00

10:00 Opening business, including:

Welcome from Janet Farrar, 51 president elect

How business will be conducted, including voting

Report of the Congress business committee

Adoption of minutes of FE sector conference 2 June 2021 (51/2038)

Update from Jon Hegerty, Head of bargaining, organising, campaigns and education

Debate of motions (FE1-FE14)

12:30-13:30 Lunch break

13:30 Debate of motions continued (FE1-FE14)

Following the completion of the debate of motions:

Non-resolutionary session: Organising to win in FE

15:55 Closing business

16:00 Close of FE sector conference

 

Higher education sector conference, 10:00-16:00

10:00 Opening business, including:

Welcome from Justine Mercer, 51 vice president

How business will be conducted, including voting

Report of the Congress business committee

Adoption of minutes of HE sector conference 2 June 2021 (51/2037)

Adoption of minutes of special HE sector conference 9 September 2021 (51/2036)

Update from Paul Bridge, Head of higher education

Debate of motions (HE1-HE13) to be taken in private session

Debate of motions (HE14-HE28) to be taken in open session.

12:30-13:30 Lunch break

13:30 Debate of motions continued (HE14-HE28)

15:55 Closing business

16:00 Close of higher education sector conference 2022

 

Friday 3 June, Congress 10:00-16:00

10:00 Welcome and opening business

Address by Vicky Blake, President (time to be confirmed)

Business of the equality committee (section 4, motions 32-45)

Business of the education committee (section 5, motions 46-51)

12:30-13:30 Lunch break

Rule changes to be taken in private session (section 6, motions 52-57)

Recruitment, organising and campaigning committee (section 7, motions 58-70)

15:55 Closing business 

16:00 Close of Congress


CONGRESS MOTIONS FOR DEBATE

 

SECTION 1: BUSINESS OF THE STRATEGY AND FINANCE COMMITTEE to be taken in open session

Political lobbying

1 Composite: Campaign to repeal ALL anti-trade union laws Birkbeck, University of London, University of Brighton Moulsecoomb

Congress notes: 

1.     The impact of anti-union laws inhibiting our and other workers’ recent struggles. 

2.     The threat of new “minimum service” legislation during transport strikes (which could be extended to other sectors). 

3.     2019 Congress policy reiterating opposition to ALL anti-trade union laws. 

4.     That TUC Congress and Labour conference voted to campaign to repeal all anti-union laws and their replacement with positive workers’ rights, including strong rights to strike and picket. However, this has remained on paper. 

Congress believes: 

a.     The Tories anti-trade union laws are designed to prevent workers taking effective industrial action. 

b.     Despite the ballot thresholds 51 have been able to launch UK-wide action. 

c.      The development of GTVO strategies and the use of disaggregated ballots have enabled branches to take on our employers.  

Congress resolves: 

                i.       To start campaigning, actively and vocally, for the repeal of and resistance to ALL anti-union laws and for a strong right to strike, including by: producing a leaflet; organising a week of action; organising an activists’ day school; and a joint union conference 

               ii.       That 51 initiate an inter-union forum on strategies to combat the anti-union laws. 

             iii.       To stand in solidarity with RMT, which has pledged to defy any “minimum service requirement”, and to support their campaigns against this legislation. 

             iv.       To call on the Labour Party to commit to abolishing all anti-trade union legislation when elected. 

1A.1 University of Brighton Grand Parade

Add new 'believes' (d): P&O's blatant disregard of employment law raises the question of why workers should obey anti-union laws.

Add new 'resolves' (v): To support all workers who defy anti-union legislation.

1A.2 Yorkshire and Humberside regional committee

After Congress resolves add new point iv and renumber accordingly:

iv. To act in solidarity with P&O workers and other workers subject to unfair labour processes, supporting boycotts and demonstrations. 51 calls on its members and on universities and colleges to boycott P&O Ferries.

In new point v (current iv) delete full stop and add at end ‘and to enacting legislation to outlaw zero hours’ contracts, ‘fire and rehire’ and other unfair labour practices.’

2 Composite: Oppose the Police, Crime, Sentencing and Courts Bill Croydon College, Women members standing committee

Congress notes:

1.  The government’s new Police, Crime, Sentencing and Courts Bill is giving wide ranging new powers to a force mired in institutional racism and sexism with BLM, environmental campaigners and the GRT community specifically targeted and facing yet more repression.

2.  In the wake of the murder of Sarah Everard  the handling of the vigil that followed her death and the ‘selfies’ taken by officers at the murder scene of Nicole Smallman and Bibaa Henry are just two examples of the institutional sexism and misogyny that riddles the force.

Congress believes:

a.  The extension of police powers has systematically led to attacks on minority communities, such as the disproportionate use of stop and search - specifically section 60 - on black communities.

Congress resolves:

                         i.  To oppose all extensions of police powers to a force that has systematically failed to deal with institutional racism and sexism in its ranks and which remains institutionally racist and sexist.

3 Composite: Opposing oppressive legislation, Migrant members standing committee, London regional committee

Congress notes:

1.     The Police, Crime, Sentencing and Courts Bill (PCSC) and the Nationality and Borders Bill are racist and discriminatory.

2.     The provisions within these two pieces of legislation will have detrimental effect on 51 members, especially Black, migrant, LGBTQ+, women, and disabled members.

Congress believes:

The Nationality and Borders Bill will effectively remove the right to legally claim asylum in Britain and threatens the right of 6 million people to British citizenship. The government is attempting to use the politics of divide and rule, scapegoating refugees and migrants, to deflect from the own failings.

Congress opposes the bill and agrees to campaign against its outcomes alongside campaign, faith, trade union and antiracist groups - opposing any attempt to target communities over the issue of citizenship - ‘dawn raids’ - channel ‘push and deportations.

Congress resolves to lobby against the provisions of these two pieces of legislation by:

a.     Instructing the General Secretary to write to the Home Secretary expressing opposition on the basis they are discriminatory.

b.     Calling upon all 51 branches and individual 51 members to write to their local MP stating the ܲԾDz’s and their own opposition on the basis they are discriminatory

c.      Affiliating with the Joint Council for the Welfare of Immigrants, a national organisation fighting hostile environment policies.

3A.1 LGBT+ members standing committee

To Congress notes add:

3. UK Government decision to move some asylum seekers to Rwanda

4. Some trans people face violent detention in Rwanda

  To Congress believes add:

Moving asylum seekers to Rwanda puts some people at further risk including LGBT+ people whose relationships aren’t legally recognised and face discrimination and social stigma

  In Congress opposes add at the end

Further Congress opposes moving asylum seekers to Rwanda

3A.2 Migrant members standing committee

Add 'and the Shadow Home Secretary' to point a. so it appears after 'Instructing the General Secretary to write to the Home Secretary.' After the amendment maintain remaining text.

Point a. to read as follows once amended.

a. Instructing the General Secretary to write to the Home Secretary and the Shadow Home Secretary expressing opposition on the basis they are discriminatory.

3A.3 National executive committee

Add notes 3

3 That the case of Child Q highlights the institutional racism at the heart of the police force

Add resolves d & e

d To campaign to keep the police out of our schools, colleges and campuses.

e To support the ‘Justice for Child Q’ conference being organised by Diane Abbott MP, Stand Up To Racism and other organisations on Saturday 11 June.

4 Child Q London regional committee

The horrendous treatment of Child Q shows that the appalling reality of institutional racism in education and policing continues.

Institutional racism is endemic in the police force.

We have to make sure that the issues raised by the inspirational Black Lives Matter movement are not now simply brushed under the carpet.

Child Q has to represent a line in the sand. We will not allow our students to be abused in this way.

51 supports the ‘black child’ conference initiated by Diane Abbott MP, Stand Up To Racism and others on Saturday 11 June.

We support the call raised in the Voice newspaper for ‘cops out of schools’ and colleges and believe there is no place for an institutionally racist police force in schools or on campus.

5 Congress instructs 51 to support proportional representation for UK elections Loughborough University

Congress notes that the UK is one of only three major developed countries to use a First Past the Post voting system for general elections.

Congress believes that First Past the Post is bad for progressive politics. In fourteen of the last fifteen general elections, most people have voted for parties to the left of the Conservatives, yet Conservatives have been in power for most of this time. Conservatives have attacked trade unions and workers’ rights, public services, and the welfare state.

Furthermore, a small minority of voters in marginal constituencies decide the outcomes of elections. There are constituencies in which people have never influenced the result of general elections.

There are tried-and-tested forms of Proportional Representation which maintain a close constituency link between MPs and their voters, allowing voters to vote for named candidates.

Congress resolves to reject First Past the Post and support the introduction of Proportional Representation.


SECTION 2: BUSINESS OF THE STRATEGY AND FINANCE COMMITTEE to be taken in private session

Industrial action

6 National leadership on ASOS deductions - meaningful legal support University of Birmingham

Congress notes that:

1.  Punitive deductions for action short of strike are damaging, intimidatory and potentially unlawful.

2.  Equality impact assessments should be carried out for such deductions.

3.  Various legal arguments can be made to challenge these deductions.

4.  Such deductions potentially constitute bullying and intimidation under definitions commonly adopted by our employers.

Where branches face these deductions, Congress resolves:

a.  To provide meaningful legal guidance that challenges the deductions, with reference to case law and statute.

b.  To prepare a model individual/collective grievance letter, based on the Birmingham 51 model, and to support branches in submitting mass grievances against their employer.

7 Support for industrial action University of Glasgow

Congress congratulates and thanks 51 Bargaining and Negotiations for their hard work and dedication in supporting industrial action.

Congress notes:

1.  The particularly challenging circumstances facing members, and repeated threats and attacks on terms and conditions.

2.  Increasing use of industrial action to counter them.

3.  The postponement of the start of the industrial action ballot from 11 March agreed by HEC to 16 March due to workload in simultaneous strike notification and ballot organisation.

Congress believes that additional resources are required to counter these threats and avoid delays in the start of ballots or industrial action.

Congress instructs:

a.  The General Secretary and Honorary Treasurer to make additional resources available for bargaining and negotiation.

Finance and property

8 Appointment of auditors National executive committee

Congress approves the appointment of Knox Cropper as the ܲԾDz’s auditors for the year ending 31 August 2022.

9 Financial statements National executive committee

Congress receives the ܲԾDz’s audited financial statements for the 12-month period ending 31 August 2021 as set out in 51/2021.

10 Budget 2022-2023 National executive committee

Congress endorses the budget for September 2022 – August 2023 as set out in 51/2022.

11 Subscription rates National executive committee

Congress accepts the Treasurer's report on progress with the review of subscription rates and endorses the changes to subscription rates from 1 September 2022 set out in 51/2023.

12 Discounted subscriptions for new members University of Edinburgh

Congress

Notes:

1.  The current membership subscription bands,

2.  The report on subscription rates at Congress 2021 (51/1073),

3.  The principle stated therein for ‘alleviating subscriptions for those on the lowest salary levels’,

4.  That academic staff often avail free membership as students before upgrading to standard membership,

5.  The absence of an analogous route for academic-related professional services staff.

Believes that:

a.  Discounted subscriptions for the first year of membership will:

                i.    Further alleviate the membership costs for staff on lower salary levels,

               ii.    Mitigate the disparity in Notes (5) by providing ARPS staff a discounted membership route,

             iii.    Incentivise staff who are not members of the Union to join.

b.  Such a discount will not reduce subscriptions income from existing members.

Resolves to:

A.  Implement discounted national and local subscription rates for the first year of membership for those who join 51 on bands F(0) and below.

13 Reaffirming 51’s commitment to proportional or progressive subscription rates London regional committee

Motion 6 (Congress2018) asked ‘the Treasurer and NEC to look at subscriptions with a view to achieving a proportional or progressive system.’

This is erroneously weakened as: ‘to look at subscriptions with a view to moving towards a more proportional/progressive system’ (51/2023), despite this error being amended when it occurred in Congress2021 (Motion 36).

The five-year deadline expires in 2023, yet we are far from ‘proportionality’. For example:

1.     Under current proposals (51/2023) a member on £30k pays about 77 percent of one on £60k. To be proportional it would be 50 percent; to be progressive, less.

2.     The highest subscription band starts at £60K, with no gradation above this.

Congress:

a.     Reaffirms its commitment to ACHIEVING proportional or progressive subscriptions by 2024 (year delay to accommodate Covid disruption), whether through lowering middle and low-paid 𳾲’ fees and/or raising subscriptions for the higher-paid.

b.     Encourages the Treasurer to introduce a new higher rate band

14 51: funding our fighting union National executive committee

Congress notes:

1.  51 has faced down aggressive and increasingly intransigent employer behaviour

2.  We must continue to fight for jobs, pay, terms and conditions

3.  Increasing calls on the 51 Fighting Fund, which provides vital support to members taking strike action and ASOS

4.  Continuing efforts of 51 to support the fighting fund beyond normal parameters

Congress agrees to:

a.  Simplify and widely publicise an opt-in regular solidarity direct debit donation: to encourage joining and existing members to contribute a monthly amount affordable to them, to the Fighting Fund

b.  Establish an NEC sub-committee to work with SORG, to specifically review Rule 11 and consult with members, to recommend Rule Change(s) to Congress 2023 to ensure our levy mechanisms are progressive and flexible

c.  Establish a 51 Fundraising group, comprising volunteers from NEC and self-nominated volunteers from the wider membership with fundraising experience, to organise programmes of regular fundraisers online / in-person.

14A.1 Anti-casualisation committee

Under “Congress notes:”

Add: “5. Casualised members can experience hardship due to the delay between wage deductions and payments from the Fighting Fund.”

Under “Congress agrees to:”

Add: “d. Assist branches to set up local funds to support our most financially vulnerable members by producing model guidelines to share best practice.

e. Instruct the NEC to review our processes to make the Fighting Fund more responsive and accessible to casualised members.”

Internal matters

15 Review of Operation of Rule 13 and associated NEC procedures Newcastle University

Congress notes that the operation of the Rule 13 process can take long periods of time, cause distress to the parties involved and make considerable demands on 51 resources.

It calls for a review into the operation of Rule 13 and associated NEC procedures, including:

1.        Rule 13 complaints in the last 5 years

2.        Time periods

3.        Areas of appropriate complaint

4.        Pastoral support for complainants, respondents and witnesses

5.        Operation of confidentiality

6.        Representational rights of advisers

7.        Impact of penalties on employment

8.        Interaction with other 51 procedures

9.        Compliance with legal rights of trade union members and representatives

10.  Compliance with principles of natural justice

Congress resolves to elect by and from delegates to Congress 2022 a Review Panel of 12 members to undertake this review. The Review Panel shall elect a Chair from among its members. The Review Panel shall report back to Congress 2023.

15A.1Southern regional committee

Point 1. ‘Delete’ “5 years” and ‘replace’ with “7 years”

‘Delete’ the words “and from” between “by” and “delegates”

‘Insert’ in brackets between “12 members” and “to undertake this review.” the words “one member from each Region (9) and one member from each of the three nations (3)”

‘Add’ the words "and agree its own terms of reference.” after "The Review Panel shall elect a Chair from among its members",

16 Rule 13: Procedure for the Regulation of the Conduct of Members West Midlands regional committee 

Congress instructs:

NEC to add the following paragraphs at the end of the ‘Preamble’ of Rule 13: 

In interpreting Rule 6.1, those applying this procedure must bear in mind and adhere to the following. That it is unlawful to discipline a member of the union for: 

1.  Seeking to uphold the rules, question whether the rules have been followed, or question whether the actions of any official or representative are in the interests of the union, so long as the question or challenge is brought in a reasonable manner and in good faith (Trade Union and Labour Relations (Consolidated) Act 1992 section 65 (2) (c)). 

2.  Seeking to support or vindicate the actions of any member who is reasonably thought to be facing unlawful disciplinary action (TULR(C)A 1992 65 (2)(d)). 

16A.1 West Midlands regional committee

Add at the end of the motion:

‘Rule 13 should not be used to prevent whistle blowing, or to silence or block legitimate democratic discussion in 51, or be used to in any way intimidate members seeking to engage in legitimate democratic debate.’

17 Real-time voting at 51 meetings Southern regional committee

Congress notes:

1.  The necessity of having online 51 meetings.

2.  The need to maintain union democracy, and

3.  That voting after Congress can hinder union decision making.

Congress resolves:

a.  To have real-time voting at online 51 meetings.

18 51 and devolution 51 Scotland executive

Congress believes: 

1.  51 needs to recognise that the implications of devolution are that there are four HE polities in the UK; 

2.  treating its own decision making as 'UK with implications for devolved nations' potentially disadvantages devolved nations; 

3.  51 should take steps towards acknowledging this in campaigns and industrial action; 

4.  The Devolved Nations Working Group should be re-established for regular meetings.

19 Democracy in 51 and censure of the General Secretary University of Dundee

51 notes:

1. The three week re-ballot of members ended 8th April and failure in notifying employers of any industrial action until May.

2. 51 General Secretary’s report issued on 13th April seeking to end our HE disputes in 2022.

51 Believes:

1. Members’ democratic control must be at the heart of 51’s industrial strategy.

2. Members decisions at 51 Congress, Sector Conferences and HEC must not be undermined if members are to have confidence in the leadership of our union.

3. The delays in balloting in 2021, calling industrial action in 2021-22 and in re-balloting and calling action in 2022 all undermined our industrial action’s effectiveness.

51 resolves to:

1. Reaffirm the democratic sovereignty of Congress, Sector Conference and NEC/HEC decisions.

2. To censure the General Secretary for undermining 51’s democracy and undermining our disputes.

3. Require that the GS abide by democratic decision making in 51.

SECTION 3: BUSINESS OF THE STRATEGY AND FINANCE COMMITTEE to be taken in open session

European and international work

20 International National executive committee

Congress: 

1.  notes the rise in authoritarianism globally and increasing attacks on workers’ rights, equality and educational freedoms in many countries; 

2.  recognises the importance of an internationalist perspective and of joint work with sister unions and affiliated organisations in response to such attacks; 

3.  welcomes the ܲԾDz’s international activities to defend workers under threat in places like Colombia, Turkey, Palestine, and Hong Kong, and our support for global campaigns on climate justice and vaccine equity; 

4.  recognises the value of mutual learning with our international partners in areas like union renewal, education policy, and climate justice, and the benefits of incorporating international dimensions into our UK policies and bargaining agendas. 

Congress therefore calls on NEC to promote greater engagement with members on international issues, including encouraging branch affiliations to solidarity organisations and international campaigns, and developing the use of webinars to raise awareness of international policy and solidarity matters. 

20A.1LGBT+ members standing committee

Add new point 3.

3. is concerned about the deteriorating situation for LGBT+ people in some countries

For LGBT+ people In the Ukraine, Russian invasion brings dangers such as atrocities in Chechnya, and lack of rights in Russia.

The anti-LGBT+ Hungarian leader, Orban, has been re-elected using anti-LGBT+ rhetoric and measures to gain popularity.

Make old 3 and 4 into 4 and 5 respectively then add 6

6. notes that climate change has considerable affect worldwide. Lack of LGBT+ rights is causing significant problems for LGBT+ people in some disaster relief situations

21 Oppose the invasion of Ukraine - for peace not escalation UCL

Congress stands united in our condemnation of the Russian invasion of Ukraine. We declare our support for the human rights of those under occupation or suffering oppression.

Congress resolves to:

1.  Call on the UK Government to allow unconditional entry to the UK to refugees displaced by and fleeing this conflict, regardless of nationality, ethnicity, or citizenship.

Congress further resolves to:

a.  Offer our solidarity to any colleagues and students directly and indirectly affected by these events.

b.  Support all those calling for peace, including those in very difficult circumstances in Russia and Belarus, and to call on all governments – including our own – to bring about a peaceful end to this war.

c.  Call on UK universities to facilitate the resettlement of refugee staff and students.

21A.1 UCL

Add at end:

d. Call on UK universities to suspend all institutional cooperation and funding arrangements with all state-funded academic institutions in Russia, and in particular those whose leadership signed a statement by the Russian Union of Rectors dated 4 March 2022 endorsing the Russian invasion of Ukraine. Congress supports constructive engagement with Russian colleagues and students on an individual basis, in particular those who may be suffering from, or in danger of suffering from, persecution in Russia.

22 Stop the war in Ukraine City and Islington College Camden Road 

Notes:

1.  Devastation and misery caused by Russian attack and invasion of Ukraine.

Believes: 

a.  Putin’s responsibility for the bloodshed and believes that US and NATO military invasion will worsen the conflict and cause more death and suffering.

Congress calls for:

                i.    General Secretary to make a public statement calling for an immediate end to the military offensive in Ukraine, the withdrawal of all Russian forces and end NATO expansion into Eastern Europe.

Congress resolves to:

A.  Campaign for UK government to play its full part in admitting Ukrainian refugees, give them fee-free admission to universities and colleges and the right to work and to waive visa restrictions for all refugees including those from Africa and the middle East.

B.  Support broad-based anti-war campaigns e.g. by Stop the War and CND.

C. Support, promote and makes link with Russian anti-war movement (especially those involved in education).

23 Stop the War in Ukraine National executive committee

Congress defends Ukraine’s right to self-determine and condemns Russia’s war.

Congress believes Putin, and Russian imperialism, are responsible for the death and suffering in Ukraine, which direct NATO involvement would escalate and worsen 

Congress calls for: 

1.  The General Secretary to call for the withdrawal of all Russian troops, to end the military invasion of Ukraine, no NATO expansion into Eastern Europe. 

Congress resolves to: 

a.  Press the UK government to welcome all refugees (including Ukrainians) without bureaucracy or visa restrictions, to support refugees’ free access to healthcare and all levels of education, rights to work and draw benefits required for a dignified life 

b.  Foster links to support labour movement activists, educators, and students in Ukraine and Russia

c.  Support Russian workers, educators, students and activists who oppose war 

d.  Support broad-based anti-war campaigns like Stop the War and CND. 

e.  Donate to Education International’s Ukraine Solidarity Fund 

23A.1University of Warwick

Amend Congress believes to read:

Congress believes Putin’s government, and Russian imperialism, are responsible for the death and suffering in Ukraine

Amend Congress calls for (1) to read:

1. The General Secretary to call for the withdrawal of all Russian troops and an end to the military invasion of Ukraine

Amend Congress resolves to (d) to read:

B. Support broad-based anti-war campaigns that offer unequivocal solidarity to the Ukrainian people and their right to sovereignty and self-defence

23A.2National executive committee

Add new point e

Campaign vigorously for the cancellation of Ukraine’s national debt in order to release finances for humanitarian aid and medical supplies as well as for future reconstruction.

24 Israeli Apartheid and anti-BDS legislation University of Dundee

Congress notes the

1.  ’T, Amnesty International, and Human Rights Watch reports on Israeli apartheid highlighting systematic Israeli anti-Palestinian discrimination - widespread seizures of Palestinian land and property, unlawful killings, forcible transfer, drastic movement restrictions, and the denial of citizenship;

2.  Academic Commitment for Human Rights in Palestine;

3.  Designation of 11 Palestinian human rights organisations as ‘terrorist’;

4.  Israeli Ministry of Defence intention to isolate Palestinian universities, undermining Higher Education, by limiting the number and disciplinary specialisms of foreign scholars permitted work visas;

5.  Legislation in UK rendering BDS unlawful for public bodies unless consistent with Government policy.

Congress resolves to

a.  join the campaign against anti-BDS legislation.

b.  make forceful representations to the Israeli Embassy, affirming Palestinian universities’ membership of the global scholarly community;

c.  reaffirm Congress’ 2010 opinion on BDS and academic boycott;

d.  immediately invite all members to consider, given reported crimes against humanity, the moral and political consequences of any relationship with Israeli institutions.

24A.1London retired members branch

add at end, new item e)

to support the Big Ride for Palestine as an effective way to promote these policies

Legal

25 Equality and legal support National executive committee

Congress commends the work done by the 51 legal panel which is undertaken within 51 rules and policy and is undertaken by volunteers in the best interests of members.

Congress affirms that motions supporting the rights of members from all equality strands have been consistently carried over the past 2 decades, many of which have improved conditions for members. This motion seeks to build on that work by evaluating and improving access to legal support for Disabled, LGBT+, Migrant, Black and Women members who are facing discrimination and or sexual harassment in the workplace, up to and including employment tribunals.

Congress/conference resolves to:

1. undertake an immediate equality impact assessment of the work of the legal panel

2. ensure that in all equalities cases every effort is made to provide full legal support in accordance with 51 policy

3. apply discretion in decision making where this would be in the interests of members

Working with other unions

26 A New Deal for Workers University of Oxford

Congress observes:

1.  the sector-wide attacks on workers’ pay, conditions, and rights seen in Further and Higher Education are replicated throughout working society in the UK.

Congress notes:

a.  the TUC’s Charter for a New Deal for Workers, at , sets out a cross-union campaign for protection from precarious employment, stronger protection from dismissal, a real living wage, equality of pay and conditions, and more as described in the Charter.

Congress believes:

                i.    in the power of worker solidarity to improve our conditions, and that our struggle extends beyond our sector and the workers we represent.

Congress resolves:

A.  to adopt the New Deal for Workers as 51 policy and to mandate the Executive Committee to advocate for the New Deal alongside comrades from other TUC member unions.

26A.1 London regional committee, National executive committee

Add congress observes 2

We are facing the biggest attack on our standard of living for a generation. The ‘cost of living will leave many working people choosing between ‘heating and eating’

Add Congress notes b

The TUC’s call for a mass demonstration against austerity on Saturday 18 June

Add resolves b

51 to organise and work with other unions to maximise available transport to achieve the biggest possible mobilisation on the TUC protest.

27 Relationships with other unions  Academic related, professional services staff committee

Congress notes: 

51 ARPS members often work closely with members of other unions, e.g. Unison, and face many shared issues including: 

1.  increasing, unsafe workloads 

2.  casualisation 

3.  pay inequality 

4.  unequal opportunities for advancement 

5.  workplace bullying 

6.  pay deterioration 

7.  downgrading of roles 

We are in the same fight for decency in our workplaces, but there are few formal structures beyond Joint Negotiating Committees, and varying degrees of communication, co-operation and co-ordination between unions. These risk contributing to division, where unity is needed. 

Congress agrees to: 

a.  Encourage respectful collaboration between unions in Further and Higher Education at the national, the regional, devolved nation and local Branch levels 

b.  Establish an ARPS-led UK Working Group to investigate closer co-operation between unions 

c.  Encourage branches to establish analogous working groups to create spaces for unity and effectiveness for all our members.

28 Safer Workplaces, Return to Workplaces and Long Covid Yorkshire and Humberside regional committee

Congress notes:

1.  The Covid-19 pandemic is still a serious health and equality challenge world-wide, that Covid-19 can be transmitted easily in educational workplaces and further pandemics may occur;

2.  Long Covid is a serious health issue for significant numbers of staff and students in post-16 education.

Congress calls on the Government to take necessary measures to stop the spread of future pandemics and a recurrence of Covid-19.

Congress calls on employers to:

a.  provide FFP2/FFP3 masks to staff and students;

b.  implement strategies to ensure clean air by installing air filtration units where necessary, and by prioritising good ventilation in building strategies;

c.  include in building strategies provision of more spacious accommodation to allow social distancing;

d.  provide hand sanitisers;

e.  ensure that returns to the workplace take place in safe environments for students and staff;

f.   develop comprehensive policies to support staff and students with Long Covid;

g.  enable home-working and home-studying if future pandemics occur.

28A.1National executive committee

Add to notes

3. Noise disturbance is a major issue for many neurodivergent and some other people

4. The difficulties in providing quiet ventilation/air filtration

After ‘Calls on’ add ‘and ܰ’. Add the following bullet points to this section and renumber.

d. Very quiet single offices, very quiet well ventilated teaching and meeting rooms for noise-affected.

e. The right to carry out all activities, including teaching, online/at home

f. The provision of suitable accessible equipment to be used at home.

Add ‘quiet’ before ‘air filtration’

Add at end

Agrees to mention these issues in 51 Covid guidance.

Delete ‘if future pandemics occur’ from point g.

29 Policy proposal to protect immunocompromised staff in post-16 education Bournemouth University

Congress notes:

1.  The risks of Covid19 and other severe infections persist in universities and colleges: this will continue for many years.

2.  Clinically vulnerable/disabled/pregnant and other immunocompromised colleagues are being pressurised to return to workplaces and conduct face-to-face teaching in unsafe spaces without windows, adequate ventilation, air-purifying systems, and/or in locations where students often decline to wear masks voluntarily.

Congress resolves to demand that:

a.  a UK-wide policy be proposed for all universities and colleges which protects clinically vulnerable/disabled/pregnant and immunocompromised staff

b.  the policy guarantee staff the right to work from home, and teach all material online where clinically vulnerable/disabled/pregnant and other immunocompromise is confirmed by their medical practitioner

c.  this UK-wide policy is included in definitions of 'reasonable adjustment' for staff who identify as disabled

Congress agrees:

i.    51 will lobby Governments and university management to collectively formulate this policy as described and report progress back to Congress in 2023.

Pensions

30 Campaign for TPS University of Westminster

Congress notes:

1.  The government’s promise that favourable outcomes from 2016 valuation would result in increased benefits and reduced contributions

2.  The government’s subsequent decision to add the cost of the McCloud remedy and change the outcome to one detrimental to TPS members

3.  Contribution rates should be determined based on the 2016 valuation excluding McCloud costs.

4.  That a number of sister unions have filed for judicial review to reverse these changes

5.  Furthermore, that TPS does not currently allow for strike days’ contributions to be made by employers and employees

Congress instructs the NEC to actively support the legal, as well as other, attempts by sister unions to reverse the government’s decision concerning TPS and other public sector pensions. Moreover, it instructs NEC to organise a coordinated campaign, together with sister unions, to change the TPS strike regulations, to allow contributions by employers and employees during strike.

30A.1Yorkshire and Humberside retired members branch

Add after point 5, a new point 6

Attacks on the right to membership of TPS at GDST (Girls’ Day School Trust) and at Staffordshire University.

Add at end:

Congress declares support for the right of all schoolteachers, college lecturers and post-92 university lecturers and researchers to be members of TPS, recognising that removing staff from TPS threatens the scheme. Congress resolves that 51 must educate members about threats to TPS and maintain its vigilance in defence of the TPS scheme.

31 The impact of inflation measures on retirement benefits Scottish retired members branch 

Congress notes that: 

Mathematically, the inflation measure CPI is almost invariably lower than RPI. The government is using CPI when uprating benefits such as pensions, and RPI when levying interest on student loans. This is indefensible. 

Whereas the gap between CPI and RPI was historically around one percentage point, research by ourselves and the ONS demonstrates there is a strong correlation between the level of CPI and the size of the RPI-CPI gap. January’s data show that as CPI has risen to 5.5%, but RPI was 7.8%. The gap was 2.3 percentage points. 

If CPI peaks at 8%, then RPI could reach well into double figures, raising serious implications for our members, pensioners, and society generally. 

Congress instructs the Executive to bring this situation to the attention of our members and to spokespersons of political parties and to make use of this information in our current campaigns.

31A.1 South West retired members branch

Add at end

Further, the government should use a single inflation measure, and end the policy of ‘inflation shopping’ whereby it uses one measure (currently CPI) to calculate increases in benefits - public pensions, state pensions, personal tax credits etc, and a different measure (currently RPI) to calculate increases in payments – student loan repayments, vehicle excise duty, rail fares, business rates etc. Any such inflation measure must be calculated by a body independent of government.

 

SECTION 4: BUSINESS OF THE EQUALITY COMMITTEE

32 Promoting equality in post-school education National executive committee

Congress notes the work of the Equality Committee on: 

1.  intersectional approaches to discrimination and violence in our sectors 

2.  equalities issues exacerbated by the pandemic 

3.  working with NEC and equality reps, and members in our branches, regions and nations  

It urges the committee to continue its work to:  

a.  progress the recommendations of the 51 report on Eradicating Sexual Violence in intersectional ways, addressing issues of disability, race, class, precarity, gender and sexuality  

b.  continue to explore and address structural inequalities highlighted by the pandemic   

c.  embed equality issues in all 51 campaigns, activities and legal work, consulting standing committees 

d.  recognise the intersections between the work of our standing committees and the needs of casualised members, ensuring committees are briefed on casualisation impacts  

e.  enhance links with national, regional and local reps and members, including through CPD and equality training, to strengthen confidence and understanding and enable them to take up equality issues effectively.  

33 Eradicating sexual violence in post-16 education 51 Scotland executive

The 51 sexual violence task group reports that in the past five years 1 in 10 university and college staff have directly experienced workplace sexual violence.

Congress notes in post-16 education:

1.  52% of those who experienced sexual violence did not report it to their employer

2.  70% experienced sexual violence as an ongoing pattern of behaviour

3.  Insecurely employed workers were 1.3 times as likely to experience sexual violence than permanently employed

4.  Workers on insecure contracts, disabled workers, LGBTQ workers, and black workers are all at greater risk of sexual violence.

Congress demands 51:

a.  Continues to pressure government and employers to work with trade unions and sexual violence prevention workers to address gender-based violence, including by enforcing policies, allocating resources to prevention and counselling, and replacing nondisclosure agreements with transparent procedures;

b.  Continues to pressure government and employers to provide decent, secure jobs, given casualisation and structural inequalities exacerbate sexual violence.

33A.1Disabled members standing committee

Add new 4c and 4d

c. Continues to pressure the government to bring about meaningful change which can only be made if the government shows their commitment for challenging and eradicating inequality by implementing into UK law the UNCRPD (UN Convention on the Rights of Persons with Disabilities) with and also to ratify the Istanbul Convention.

d. Pressures the Government to reinstate Section 40 of the Equality Act 2010 – repealed in 2013 - which placed a duty on employers to protect employees from third party harassment.

34 Gender and ethnicity pay gap Black members standing committee

Congress notes:

1.  According to the HESA data, 2017/2018, Black staff suffer the most pay gap (20.3%) and (14%) for black academics, compared to their white colleagues.

2.  Although the gender pay gap is 15%, the gender pay gap of black women remains unknown.

3.  Female black academics fare even worse, with an ethnicity pay gap on top of the gender pay gap.

4.  Bridging the ethnic pay gap will assist in reducing the pay inequalities between black and white men and women.

Congress resolves to collaborate with parliament, political parties and other bodies to promote the issue with government and commissions a review into gender and ethnicity pay gap as evidence for progression and campaign for:

a.  A mandatory ethnicity pay gap reporting for all further, higher and adult education institutions

b.  A different framework for reporting the ethnic pay gap 

c.  Reporting for gender ethnicity pay gap for black women

34A.1London regional committee

Add new notes 5

The success in engaging and involving members of the Four Fights campaign.

Add new resolves d

To encourage members to continue to resist the race pay gap through industrial action and the Four Fights dispute.

34A.2 Disabled members standing committee

Add new point 5

5. That according to TUC research the disability pay gap is 20% and that any ethnicity pay gap reporting also needs to recognise any further detrimental impact faced by black disabled workers

35 Flexible Working Disabled members standing committee

Congress notes the TUC report ‘Disabled Workers’ access to flexible working as a reasonable adjustment’ which highlighted the impact of the pandemic for disabled workers.

Congress believes:

1.     Disabled workers who worked from home during the pandemic should be able to continue to do so.

2.     Disabled workers should not be penalised for accessing flexible working as a reasonable adjustment because flexible working should become the default.

3.     All workers should have a day one right to request flexible working, with the criteria for rejection mirroring the exceptional circumstances set out in the TUC Report.

Congress resolves to campaign:

a.     For changes in the law to offer flexible working as a reasonable adjustment for all disabled workers as a day one right.

b.     To encourage all 51 branches to place this on the local negotiating agenda to persuade employers to make this part of their employment policies.

36 Disability Employment Charter Disabled members standing committee

Congress notes and welcomes the fact that the 51 supports the Disability Employment Charter.

Congress believes that the 51 should:

1.  Encourage all of its Branches to adopt motions supporting the Disability Employment Charter

2.  Strive to have a membership that is as diverse as possible and as part of that should encourage and support disabled people to become 51 representatives

Congress resolves to:

a.     Provide a model motion which 51 Branches can amend and adopt

b.     Encourage Branches to place the Disability Employment Charter on their negotiating agendas to encourage all employers to adopt its provisions

c.      Incorporate how to negotiate and campaign on the Disability Employment Charter into 51 Education and Training courses as far as possible

37 Fair pay for parents University of Sheffield

Congress notes:

1.  That employers across further and higher education offer differential access to additional maternity and other parental leave and pay, including the length of time of qualifying employment required

2.  That this causes unequal treatment for people who give birth, depending on their place of work

3.  The ongoing work of 51 with groups such as Maternity Action to achieve progress on these issues

Congress resolves:

a.  To call on all education employers to provide equal access to additional maternity pay and other parental leave and pay at sector leading levels from the commencement of employment

b.  To develop a public campaign that highlights inequalities across employers

c. To develop guidance around best practice for additional maternity pay and other parental leave and pay to assist branch campaigns

38 Defend trans and non-binary people’s rights North West regional committee

Congress notes:

1.  Government hostility towards Stonewall for its support for trans rights, including disaffiliations by the BBC and government bodies;

2.  Government’s refusal to implement Self-ID in the Gender Recognition Act;

3.  Government’s failure to recognise non-binary as a legitimate identity;

4.  The EHRC’s attempts to delay anti-conversion therapy legislation for trans people and undermine the Scottish government introducing Self-ID;

5.  The Tories’ anti-conversion therapy Bill that dangerously presents equivalence between oppressive anti-trans conversion therapy and pro-trans affirmative intervention.

Congress:

a.  Congratulates Sussex University 51 for their solidarity with student protests against ‘gender critical’ views;

b.  Welcomes the founding of the Feminist Gender Equality Network, committed to opposing transphobia on campuses and more broadly;

c.  Resolves to oppose ‘gender critics’ and transphobes promoting ‘gender ideology’ and trying to undermine trans and non-binary people’s rights and promote divisions between women’s and trans people’s rights.

38A.1Liverpool John Moores University

Point 1: after ‘government’ add ‘and political’

Point 4:

Delete: ‘attempts to delay anti-conversion therapy legislation for trans people and’ replace with: ’interventions excluding trans and gender-nonconforming people from single sex spaces and attempts to ’

Point 5:

Add to end: ‘and refusal to ban trans conversion therapy’

Add point 6:

6. The HE (Freedom of Speech) Bill that threatens the safety of gender diverse people and others on and off campus and misappropriation of ‘academic freedom’.

Replace point a. with:

a. Congratulates all 51 branches working to promote solidarity and inclusion with LGBT+ people and challenging ‘gender critical’ views;

Add points d and e:

d. Resolves to continue building internal union campaigns and resources and campaign publicly for LGBT+ liberation for all LGBT+ people and;

e. Develop guidance and webinar around academic freedom.

39 Fighting political attacks on LGBT+ people LGBT+ members standing committee

Congress notes political attacks on LGBT+ people, e.g:

1. Boris Johnson (6/4/22) attacking Gillick competence.

2. Sajid Javid (April 2022) attacking gender-affirming care and comparing it to child sexual abuse cases in Rotherham.

3. Nadim Zawahi (20/4/22) suggesting teachers should ‘out’ trans children to parents.

4. Nadine Dorries (21/4/22) stating trans women should be excluded from women’s sport.

5. EHRC’s guidance (4/4/22) which undermines Equality Act (2010) protections for trans people using single sex spaces, such as toilets.

Congress believes the comments above:

a) use LGBT+ people as a wedge to stoke division, undermine and further marginalise LGBT+ people;

b) aim not to protect but to pathologise trans people and present LGBT+ people as untrustworthy and undeserving of autonomy.

c) seek to ‘protect’ trans people from themselves.

Congress resolves 51 will counter these political attacks on LGBT+ people using all tools at its disposal including branch organising and media visibility.

40 Conversion therapy LGBT+ Members’ Standing Committee

Congress notes:

1. Government decisions to abandon comprehensive ban on conversion therapy

2. Gender-affirming therapy is not conversion therapy.

3. BCAP memorandum of understanding on conversion therapy, Government LGBT+ Survey and Coventry University research findings including that trans, Black LGBT+, and asexual people are more vulnerable to conversion therapy.

4. Publications and events around ‘gender-critical’ perspectives supporting some conversion therapy.

5. Potential involvement of post-school education institutions in policy-making on conversion therapy, and potential harm caused by conversion therapy to 51 members.

Congress resolves to:

1. support TUC position on conversion therapy and take action, including the General Secretary writing to relevant bodies.

2. work with Coventry University research team to produce a summary of their report for members, this to be linked to the LGBT+ Charter and microsites.

3. develop further resources and events raising awareness to support members and branches, including those raising issues related to conversion therapy.

41 Mental Health LGBT+ members standing committee

Congress notes:

1.  Mental health of LGBT+ people is seriously affected by marginalisation, denial of rights, and lack of respect

2.  The exacerbation of these issues by the Covid-19 pandemic and lockdowns

3.  The rise in anti-trans voices across media 

4.  Further delays in securing trans and non-binary rights

5.  Anti-LGBT+ violence has increased in recent years.

Congress believes:

a.  Trans and non-binary inclusion is important throughout society

b.  The identity a person had before any transition (social or otherwise) should be secret unless the person chooses otherwise.

c.  Many data collection systems are outdated and don’t support trans and non-binary people adequately e.g., deadnaming.

Congress calls for:

                i.    51 to conduct research investigating issues around deadnaming and other such issues faced by trans and non-binary people

               ii.    51 to equip branches with guidance and resources to challenge outdated systems across post-school education that lead to dead-naming

             iii.    LGBT+ issues to be specifically addressed in all 51 work on mental health.

42 LGBT+ Inclusion in Education LGBT+ members standing committee

Congress believes in the value of education for the whole person, realising ambitions and developing critical thinking.

Within FE this should take the form of genuine consultation with LGBT+ staff and students to develop a relevant curriculum as part of both the tutorial and vocational offers.

Within HE this should include support for courses that promote visibility and inclusion of LGBT+ lives.

Systems used to measure the success of educational programmes inhibit teachers’ and lecturers’ ability to raise and discuss equality issues in the classroom.

It is very difficult to genuinely Stretch and Challenge students when locked into the demands of the OFSTED cycle and the vocational syllabus in FE, and the Teaching Excellence Framework and National Student Survey in HE.

Congress supports and calls for more:

a.  approaches across all curricula that challenge normative assumptions about sexuality and gender;

b.  further exploration of LGBT+ voices, lives and issues across post-school education.

43 The Hostile Environment and Migrant Workers Toolkit Anti-casualisation committee

Congress notes:

1.  Post-16 education institutions are an integral part of the xenophobic hostile environment, through monitoring of migrant workers and students and through PREVENT.

2.  51 offers legal advice to migrant members, but that branch reps often feel underequipped to provide assistance to migrant members.

Congress believes:

a.  Education establishments are not outposts of the hostile environment, and education workers are not border guards.

b.  Insecure immigration status intersects with casualisation to render migrant members more precarious.

Congress resolves:

                i.  To bring together ACC with MMSC, BMSC and other equalities committees to work with Unis Resist Border Controls (URBC) and other organisations to ascertain the needs of precarious migrant members through surveying members and drawing on URBC’s research.

               ii.    To use the information from this survey to develop a toolkit and training to support migrant members, and empower all members to resist the Hostile Environment in post-16 education.

44 Composite: Treatment of refugees and asylum seekers, The Rwanda Plan and the Nationality and Borders Act Anti casualisation committee, Liverpool John Moores University, London regional committee, University College London, North West regional committee West Midlands retired members branch

Congress notes:

1.   The deplorable policy change of the Tory government in its treatment of refugees and asylum seekers with the announcement of further anti-migrant measures including a deal to remove asylum seekers, military operations against refugee boats, and a new UK detention centre to imprison refugees.

2.   The ‘Rwanda Plan’ for offshoring asylum seekers and the passing into law of the Nationality & Borders Act (April 2022) that effectively ends the right to claim legal asylum in Britain and threatens the citizenship rights of 6 million people, marking a huge escalation of the government’s racist ‘hostile environment’.

3.   That 10 months ago Britain publicly criticized Rwanda’s failure to properly investigate human rights abuses and to protect and assist victims of human trafficking.

4.   That in Rwanda changing gender is illegal, adoption by LGBT+ couples is illegal, marriage of LGBT+ individuals is not recognised.

5.   Although threats of obstruction by civil service unions and PCS support for a legal challenge, the government has abandoned plans for pushbacks targeting boats at sea, deportations and fundamental attacks on the rights of refugees must be opposed.

6.   The Ukraine war and the Afghan crisis have exposed once again the government’s failure to respond adequately to humanitarian crisis.

Congress believes:

a.    Visa restrictions should be waived for all those fleeing war, whatever their nationality.

b.    it is incompatible with human rights to send LGBT+ asylum seekers who are seeking asylum in Britain to a country without basic rights for LGBT+ people.

c.    the attempt by the UK to outsource asylum processing strengthens cultural xenophobia and impacts all migrants living and working in the UK.

d.    Refugees are welcome in the UK

Congress resolves:

                       i.       To work with refugee solidarity and antiracist organisations to campaign for the immediate withdrawal of the offshoring of refugees and the implementation of the Nationality and Borders Act.

                     ii.       To campaign against the compulsory removal of all 'illegally' arriving people and their deportation to Rwanda, in defiance of the Human Rights legislation and the UK's international obligations.

                    iii.       To campaign for intersectional equality issues to be fundamental considerations of the asylum process.

                    iv.       Co-ordinate a public letter and meeting with other unions, condemning anti-migrant plans.

                     v.       Call on the GS to write to MPs calling them to publicly condemn anti-migrant measures, and to support rolling-back existing legislation.

                    vi.       support FDA and PCS members resisting the plan.

                   vii.       advertise demonstrations on these issues and encourage branches to send delegations.

                 viii.       establish links with unions and human rights defenders in Rwanda resisting offshoring.

                    ix.       To campaign to say ‘All Refugees welcome here’.

                     x.       To work with the TUC and other trade unions to inform our students and the public about the racist impact of such a policy and the serious harm this will cause in migrant communities.

45 Defend Abortion Rights National executive committee

51 join our affiliate Abortion Rights in standing in solidarity with all facing escalating attacks on abortion rights in the US and worldwide. We condemn the leaked SCOTUS draf position on reversing Roe V Wade. We applaud the achievements of mass movements including in South America, Poland and the RoI and support those mobilising now in defence of the right to bodily autonomy and healthcare.

51 support the right to safe, legal abortion and note that this is something we continue to strive for in the UK.

We resolve to:

1.  Send solidarity to sibling unions and activist groups mobilising in defence of choice

2.  Support national and local solidarity demonstrations in support of abortion rights world wide

3.  Organise regional and branch meetings to campaign on reproductive rights and build solidarity with global movements fighting for these

 

SECTION 5: BUSINESS OF THE EDUCATION COMMITTEE

46 Building a positive vision for post-school education National executive committee

Congress notes the recent work of this committee on: 

1.            access to all types of post compulsory education 

2.            student funding 

3.            attacks on the curriculum and freedom of speech 

4.            the professional needs of staff 

It urges the committee to continue and develop work which will:

a.            defend and enhance access to post compulsory education including protecting BTEC, and a good post-compulsory admission system for HE: 

b.            promote reform of student funding and challenge government attacks on that funding 

c.            resist attacks on arts programmes in all sectors which deny students the chance to develop their skills and employability 

d.            oppose attempts to restrict staff and student freedoms to teach and learn using dishonest and repressive ideas of academic freedom 

e.            build up support for staff facing professional disadvantages and discrimination 

f.             develop our commitment to education and climate change  

g.            continue our successful Cradle to Grave events 

47 Funding and quality of teaching training and education National executive committee

Congress notes: 

1.  The valuable work done by 51 to keep teacher training in the spotlight.

2.  The current Government attempts to “drive up standards for initial teacher training” by reforms that we believe will narrow student choice 

3.  The recommendations derived from the DfE consultation on ITT were not all accepted fully by the Government and one not at all 

Congress Resolves: 

a.  to reassert our belief that these ITT reforms will narrow student choice

b.  to reassert our demands that teacher training be properly and fully funded. 

c.  to ask NEC to consider the implications of the DfE Dec 2021 report and February 2022 National Professional Qualifications [NPQs] reforms and issue 51 guidance for members applying to register for NPQs

d.  to press for full funding to provide high-quality mentoring, sufficient high-quality placements and provide strong evidence that consistency is maintained.

48 Artificial Intelligence (AI) and Datafication The Manchester College

Congress notes:

1.  Increased technology use in post-16 education during the pandemic, and therefore in the amount of data our employers hold on members.

2.  Data Protection Impact Assessments should be carried out when implementing new systems using workers’ personal data, but unions are not consulted about them.

3.  The TUC working group on AI, which produced the Reps’ Guide on AI.

Congress believes AI can be useful but mustn’t infringe on workers’ rights or discriminate against individuals and must be fully accessible and user friendly.

Congress resolves to:

a.  Set up an expert group on AI and datafication bringing together 51 members in the field to identify threats and opportunities and make recommendations on 51 AI policy.

b.  Include an element in the national claims on agreeing an ethical AI policy with employers which establishes a consistent approach across the sectors.

c.  Establish the role of a Data Rep in each branch.

49 Campaign for democratic governance West Midlands regional committee

1. HE/FE across the UK suffers from a generalised crisis of governance, with structures increasingly hierarchical and unaccountable.

2. Existing, nominally democratic governance structures (e.g. Senates; Boards of Governors) have been progressively hollowed out, and are either incapable of holding management to account or have stopped representing best interests of staff and students.

Congress resolves:

a. To campaign for democratic governance with publicity and social media.

b. To aim for reinstatement of functional senates/equivalents, including representatives of staff and students, across all our institutions, making VCs/Principals democratically elected by these representatives.

c. Following consultation, 51 to campaign to make roles such as Deans and Heads of Departments elective, as in other countries.

d. Where possible, to coordinate campaigning with other Unions and NUS to maximise unity and organisational efficiency.

If demands for democratic governance are not met, 51 will ballot for industrial action up to and including strike action.

50 Use of external consultants during organisational change Solent University 

Congress notes:  

1.     The widespread reliance by managers in further and higher education on firms of external management consultants in developing restructure plans. 

2.     These firms regularly recommend the same banner headings like "Future Ready", "Ways of Working ", and "Fewer, Bigger, Better". 

3.     Universities use these recommendations in S188 processes as a pretext for compulsory redundancies, and enforced voluntary severances. 

4.     There is urgent need to make widespread and investigate the recommendations of these reports to examine whether consulting firms made similar recommendations. 

Congress agrees:  

a.  51 will create a confidential database of these reports which are being used in restructure initiatives, and S188 consultation processes. 

b.  51 will investigate the impact, and efficacy, of the recommendations in these reports, and produce a full report for Congress 2023, and

c.  The investigation will direct particular scrutiny to the similarity of recommendations made by consulting firms and examine if reports are being duplicated without adequate relevance to the specific university or institution.

50A.1North West regional committee

Add new ‘notes’ 2, change numbering accordingly thereafter:

2. The involvement of groups/individuals with anti-LGBT+ agendas amongst consultancies used in post-16 education and high-profile disaffiliations from Stonewall, e.g. at UCL.

Add new ‘resolves’ b, change lettering accordingly thereafter:

b. To monitor and expose the use of consultancies with links to groups/individuals who promote anti-LGBT+ ideologies.

51 Post 16 education at the crossroads London regional committee

Congress

Notes:

1. The biggest cut in household earnings for over 50 years.

2. Inflation has risen to a level not seen for a generation.

3. The increase in workload, casualisation, managerialism and cut in wages in real terms across the sectors.

4. The strikes involving 51 members in both sectors.

Believes:

a. The market and competition are the drivers of the increase in workload, casualisation, managerialism and cuts in wages.

b. The professional autonomy of those who work in the sectors is under attack.

c. The determination of our members to fight to defend post 16 education is an inspiration to the whole trade union movement.

Resolves:

i. To approach other education unions to hold a conference around the theme of ‘Dignity at work – we demand professional respect’.

ii. To produce a regular ‘Solidarity’ webpage to allow those on strike to gain support from across the movement.

SECTION 6: RULE CHANGES to be taken in private session

52 Rule change: postgraduate research students to be given full membership regardless of employment status Cardiff University 

Add new 3.1.4:  

3.1.4. Persons who are enrolled on postgraduate research programmes at institutions based in England, Northern Ireland, Scotland, Wales, the Channel Islands and the Isle of Man.  

Renumber current 3.1.4 as 3.1.5.  

Rule 3.2.1, amend ‘Students’ to ‘Postgraduate Taught Students (PGTs)’.  

Amended Rule 3.2.1 will read:  

3.2.1 Postgraduate Taught Students (PGTs) in training for qualifying employment but who are not currently eligible for membership;   

Rule 3.3, after ‘student member’, add ‘(postgraduate taught)’  

Amended Rule 3.3 will read:  

3.3 Throughout these rules the term member does not include a student member (postgraduate taught) unless otherwise provided.

Purpose: to update the rules of membership to be more inclusive regarding postgraduates and remove the ambiguity regarding their teaching status.

For CBC information:

The new rule 3.1.4 falls in the section of the rules that begins:

3.1 The following are eligible for membership of the University and College Union:

52A.1University of Durham

Delete from the original motion between “Rule 3.2.1, amend ‘Students’ to ‘Postgraduate Taught Students (PGTs)’.” and “3.3 Throughout these rules the term member does not include a student member (postgraduate taught) unless otherwise provided.” inclusive.

Purpose: to avoid disqualifying Undergraduate or FE students in training for roles

53 Rule change: subscriptions and parental leave National executive committee

Rule 7.6, delete ‘parental duties on unpaid leave’, replace with ‘parental leave’

Purpose: to remove the need to charge multiple different subscription rates to members on changing rates of pay over a period of parental leave, providing free membership throughout any period of parental leave.

The amended rule will read:

7.6 The National Executive Committee may issue directions that, subject to such conditions as they may determine, no subscription shall be due from members when they are undertaking parental leave or on unpaid professional study or are otherwise on unpaid leave.

54 Rule change: notification re lapsed membership National executive committee

Rule 9.1, delete ‘by letter, sent to the address notified by the member to the union as their preferred mailing address’

After ’28 days from the date of’, delete ‘letter’, replace with ‘notification’

Purpose: to allow notification of lapsed membership to be given by email (where a valid email address is held).

Amended rule will read:

9.1 Where the correct subscription payments are not received from a member for five consecutive calendar months, the Union may notify the member that membership shall cease on the expiry of 28 days from the date of the notification, unless there is settlement of all arrears prior to the expiry of the 28 day period.

55 Rule change: rule 17 Congress membership University of Sheffield International College

Rule 17.1: Delete “, or in the case of institutions/central groups/regional retired 𳾲’ branches with fewer than 100 members, by aggregations of members in institutions/central groups/regional retired 𳾲’ branches, as specified by Congress Standing Orders.”

Rule 17.2: Delete “, or in an aggregation of members in institutions/central groups/regional retired 𳾲’ branches in accordance with Rule 17.1, as appropriate.”

Purpose: To allow new/small branches of less than 100 members the right to participate in National Congress.

56 Rule change motion University of Glasgow

Add rule 34.2

The Sector Committees of the National Executive Committee are required to implement Sector Conference motions agreeing industrial action sanctions and do so in a timely manner unless prevented from doing so by exceptional circumstances. In the case of such exceptional circumstances the Chair of the relevant Sector Committee is required to write to all members within three days of the decision to explain these circumstances and why they prevent the industrial action sanctions.

Purpose: The aim of the rule change motion is to ensure that decisions of the sector conferences on industrial action are implemented by the sector committees while allowing for exceptional circumstances that impede this. In the case of exceptional circumstances the rule change would ensure transparency.

57 Rule change motion: Industrial action committees University of Brighton Grand Parade

Insert new rule 35 (renumber remaining rules accordingly)

35.1 For all multi-institution industrial disputes, an industrial action committee will be constituted immediately following the declaration of a dispute from delegates from each branch with a mandate for industrial action, which will exist for the duration of the dispute. Delegates will be elected by branches, with an entitlement of one delegate per branch who will wield a vote weighted in proportion to their Sector Conference delegate entitlement. Each involved branch without a mandate may send a non-voting delegate and NEC members from the relevant sector/subsector may attend as observers. The committee will be chaired by the relevant Vice President (for single sector disputes), or by the President (for cross-sector disputes). The frequency of meetings will be determined by the committee. Branches may send different delegates to each meeting.

35.2 The scope of the industrial action committee is limited to the dispute for which it is constituted.

35.3 No decision affecting the continuation, strategy, or ending of an industrial dispute, including putting to the membership for approval a proposed deal to settle the dispute, will be taken without the approval of the industrial action committee constituted for that dispute.

Purpose: To establish industrial action committees.

57A.1 University of Bath

35.1 Delete first sentence and replace with:

For all multi-institution industrial disputes, an industrial action committee will be constituted from delegates from each branch with a mandate for industrial action, and will exist for the duration of the dispute. The committee will be constituted immediately following the result of the first statutory ballot for industrial action in the dispute.

Purpose: to ensure that the committee is formed after it is known which branches have a mandate for industrial action in a dispute.

35.1 Add:

Meetings of the committee will be conducted in accordance with the Standing Orders of Congress, as appropriate. The quorum for meetings of the committee shall be half of the voting delegates.

Purpose: to provide basic guidance on the conduct of meetings.

35.3 Add:

The committee shall give or withhold its approval within five working days of being informed of the decision. If the committee does not explicitly withhold approval, the decision shall be considered approved.

Purpose: to ensure that decisions are approved, or not, in a timely manner.

 

SECTION 6: BUSINESS OF THE RECRUITMENT, ORGANISING AND CAMPAIGNING COMMITTEE

58 Continued work in recruitment, organising and campaigning National executive committee

Congress notes the progress made by ROCC in implementing the policies set by Congress, notably

1.  Support for national disputes in HE, FE, and Prison education

2.  Support for branches, including with GTVO and disputes

3.  Strengthening recruitment to build greater union density in all our sectors

4.  Developing training and education for activists

5.  Providing support for priority, national industrial campaigns.

It further notes the impact of the pandemic on this work.

It supports continued focus on these areas working

a.  to engage and involve our diverse groups of members

b.  to actively support recruitment, campaigning and organising activities nationally, regionally, and locally

c.  to ensure issues of climate justice and sustainability are integral to our work

d.  to oppose the Police, Crime, Sentencing and Courts Bill and oppose the workings of any subsequent Act

e.  to progress ROCC related Congress resolutions

59 Levelling up, post-16 education and the Green New Deal Yorkshire and Humberside regional committee

Congress notes:

1.  Government statements about ‘levelling up’ in economic and social provision.

2.  The extent of deprivation and disadvantage in much of the UK, including the Yorkshire and Humberside Region;

3.  The negative effects that poverty, bad housing, digital poverty and poor transport provision have on student learning;

4.  The importance of social justice and inclusion in building the Green New Deal;

5.  The contribution that post-16 education makes to economic, social and environmental regeneration.

Congress resolves to:

a.  Continue and strengthen campaign work with local authorities, including elected mayors, trade unions, student and educational organisations for significantly better funding of post-16 education.

b.  Support curriculum developments which contribute to the Green New Deal and economic, social and environmental regeneration.

c. Work with environmental groups to promote education and research which build the Green New Deal.

d.  Campaign with the TUC and other trade unions for Government ‘levelling up’ policies to deliver improved living standards and be environmentally-friendly.

60 Composite: Strengthen organising by pursuing a Green New Deal through a national joint claim; climate emergency anti-casualisation University of Liverpool, Open University

Congress believes:

1.  Climate change, and decarbonization have implications for job security, pay and terms and conditions in HE and FE.

2.  Precariously employed members of staff are particularly exposed to these risks.

3.  Casualisation undermines the capacity of workers to live sustainably, and to participate and contribute to the shift to a more sustainable education sector.

4. National Joint Claims’ power to secure improvements beyond pay uplifts, and so to recruit and organise members, is under-recognised.

5. Climate emergency anti-casualisation is an area of potential transformation.

6. That precarious employment is often carbon intensive, featuring significant commuting and home moves.

7. That decarbonisation will negatively affect some jobs.

Congress resolves that 51:

a.  Exemplify collective bargaining by developing and submitting a Green New Deal national claim to FE and HE negotiating forums, including but not limited to:

                          i.       A Just Transition Commission in HE and FE, including transition planning and job (role) frameworks, job security, and review of research funding tied to environmental harms.

                        ii.       Sustainable, just work providing stability for employers and employees to adapt, and a roadmap out of precarity.

                       iii.       Skills transition; paid time for sustainability CPD, including on casualised and outsourced contracts

                       iv.       Trade Union environment representatives’ facilities time

b.  Use Trades Union Congress structures to promote multi-union campaigning for a Just Transition.

61 Climate Justice South West retired members branch

Congress supports the development of a climate justice movement demanding action for a just transition from fossil fuels to climate jobs in the UK, and for support and reparations for those in the global South experiencing the deepening climate catastrophe.

Congress continues to value the trade union work of the Greener Jobs Alliance and the Campaign against Climate Change in the UK.

Congress resolves to:

1. Develop our climate justice policies, utilising the knowledge and skills of 51 Green Reps;

2. Support mobilisations by trade unions and others around Climate Justice and publicise these to members;

3. Develop a Just Transition Plan involving skills audits, training, workplace mitigation and adaptation;

4. Disseminate the “Climate Jobs” pamphlet from the Campaign against Climate Change TU Group , as a blueprint for emergency transition to a carbon-free economy.

62 Climate crisis: training for zero carbon jobs West Midlands retired members branch

Congress notes:

1.  the urgency of the climate crisis;

2.  the positive impact of retrofit action for energy efficient homes;

3.  Glasgow's impressive in-house model of retrofitting.

4.  the need for all homes to be energy-efficient, initially to reduce, then as part of plans to totally eliminate, burning of fossil fuels.

Congress resolves to press for:

a.  Trade union and residents' participation in local retrofit plans;

b.  Clear, funded plans for Centres of Excellence in Zero Carbon Skills, at levels from Entry level to HNC Diploma and degree, provided collaboratively by local FE colleges and universities and responsive to students’ demands.

Congress calls on 51 branches:

to approach relevant councillors and council officers, in liaison with local trades unions and Trades Councils, to urge their local management to actively promote learning of Zero Carbon Skills.

63 Careers Services: informing students and supporting the low carbon economy Academic related, professional services staff committee

Congress notes:

1.  Impartial, evidence-based advice by careers services is valuable for students and wider society.

2.  Careers services promoting roles in oil, gas and mining industries is likely contributing to the global climate crisis, and leading students into careers which will decline as we rapidly decarbonise our economies.

3.  Congress 2017 passed a motion resolving to campaign for a Just Transition to a low carbon economy.

Congress resolves to:

a.  Actively work with People & Planet to publicly support the student-led Fossil Free Careers campaign, calling on careers services to align their operations with sustainability considerations particularly by declining to promote oil, gas and mining companies.

b.  Produce a website statement about this motion, 51 support for this campaign and amplify calls to action.

c.  Support the activities of the Green New Deal and work with GND working group to promote this activity in parallel and in overlap where appropriate.

64 Waste incineration is an environmental disaster London retired members branch

Waste incinerators currently release an average of around 1 tonne of CO2 for every tonne of waste incinerated. The release of CO2 from incinerators makes climate change worse and comes with a cost to society that is not paid by the companies incinerating waste.

In addition to greenhouse gases, incineration releases nitrogen oxides, sulphur oxides, hydrogen chloride, dioxins, furans, heavy metals, and particulate matter.

Waste incinerators are 3 times more likely to be sited in deprived areas.

We welcome the recent campaign against the Edmonton incinerator formed of coalition of Black Lives Matter, Extinction Rebellion, UNITE Community and local trades councils, with the full support of the TUC London, East and South East region.

We also welcome the legal challenge from Stop the Edmonton Incinerator Now.

Support just transition agreements for those workers currently employed in the sector.

We request 51 to consider supporting United Kingdom Without Incineration Network.

65 No escalation of fracking and nuclear power National executive committee

Congress notes:

1.  The urgent need to reduce global greenhouse gas emissions by at least half by 2030.

2.  The dangerous escalation of the nuclear arms race.

3.  Johnson’s recent comments that up to six new oil and gas fields are to be approved and the moratorium on fracking will be reviewed in response to the war in Ukraine.

Congress believes:

a.  Increasing reliance on nuclear energy will not meet our urgent climate targets.

b.  We need to use the opportunity to make the transition to renewable energy and end fuel poverty.

Congress resolves to:

                i.    Reaffirm 51’s commitment to oppose nuclear weapons, nuclear energy and fracking.

               ii.    Order 500 copies of Climate Jobs: Building a workforce for the climate emergency, the new report from CACC.

             iii.    Affiliate to Frack Off and encourage members and branches to join local anti-fracking groups and take part in actions against fracking and nuclear power.

66 Anti-Casualisation toolkit and legal support Anti-casualisation committee

Congress notes:

1.  the success of Goldsmiths short course tutors in gaining worker status via a crowdfunded legal challenge;

2.  the 51 toolkit ‘Challenging Discrimination: How to Build an Effective Case’.

Congress resolves:

a.  to encourage members with potential anti-casualisation cases to seek 51 legal advice via their branches or local associations;

b.  to invite feedback from members on how the 51 legal scheme might better support casualised members and anti-casualisation cases, especially collective and/or strategically significant cases;

c. to produce a toolkit on using legislation to challenge casualisation both individually and collectively, including:

                          i.    an overview of the law on employment status and in relation to fixed-term, part-time and zero hours contracts, and

                        ii.    practical and step-by-step advice on using our legal rights to challenge casualised employment practices (similar to that in the Discrimination Toolkit), including through the 51 legal scheme.

67 Union-busting and race equality Black members standing committee

Congress deplores attempts to undermine trade union branches, including by targeting reps for disciplinary processes and redundancy. Time and again, employers have failed to address the legitimate concerns of black staff and students, including harassment at work, barriers to progression, eurocentric curricula and job insecurity.

Yet recently we have seen attempts by employers to misuse the rhetoric of equality to undermine trade union work and to victimise our reps.

In response, this meeting agrees to:

1.  Develop additional resources to counter union-busting tactics, including building community alliances for accountability and justice; 

2.  Collate union-busting and ‘fake’ equality initiatives by employers and publicise to the wider community;

3.  Promote a social media campaign to explain the impact of union-busting on equality goals.

68 51 Condemns Targeting of Trade Union Activists at Goldsmiths Goldsmiths, University of London

Congress notes:

That 16 redundancy notices sent to Goldsmiths’ staff on April 8 2022 include the branch co-president, a branch treasurer, and two department reps.

That union members have been targeted for their part in preventing mass redundancies as a result of extensive strike action and ASOS.

Congress believes:

That targeting trade union activists is part of a wider strategy of attacking working conditions and academic freedoms, as at Leicester and UEL.

Congress resolves:

To provide support in fighting these redundancies, including legal and casework support, publicity for the campaign and the academic boycott.

To develop strategic oversight by calling a meeting led by branches and individuals affected before the end of June 2022, with experts in union busting and blacklisting.

To develop legal advice and support for branches to fight cases of trade union victimisation as soon as possible, no later than the start of the 2022-23 academic year.

69 Pensions and the rising cost of living Southern retired members branch

Congress notes:

1.        The catastrophic rise in the cost of living

2.        The disproportionate impact on people on low and fixed incomes

3.        The additional burden likely to be caused by the war in Ukraine

4.        Britain has one of the lowest state pensions in the developed world

5.        This will be exacerbated by the suspension of the triple lock, causing further hardship to millions of pensioners

6.        Attacks on occupational pensions, including USS and TPS

Congress demands:

a.        That 51 continue to work closely with the National Pensioners’ Convention to campaign for the restoration of the triple lock and an increase in the basic level of state pension to bring it in line with that of other developed countries.

b.        That all branches be urged to affiliate to the NPC and other appropriate groups to put pressure on the government to restore the triple lock and to end attacks on occupational pension schemes.

70 Crisis of social care Yorkshire and Humberside retired members branch

Congress notes the ongoing and escalating crisis in social care, which impacts upon the lives of those needing care, their family and friends, and is an issue for the labour movement. The COVID pandemic has worsened the crisis in care homes and home care. With a severe labour shortage in the care sector and chronic underfunding of local authorities to provide care, progressive developments, such as moves to support independent living, are also undermined.

Congress instructs NEC to work within the TUC and with relevant campaign organisations to promote a National Care, Support and Independent Living Service (NaCSILS), funded by a fairer tax system, publicly provided and publicly accountable, to be mandated nationally and delivered locally. It must give more respect and autonomy to service users, their families, friends, carers and care workers.

It furthermore supports moves to improve the pay, status, training and employment conditions of care workers.

 

 


Motions to the further education sector conference

Pay and workload

FE1 FE England Pay report Further education committee

Conference approves the report on the FE England 2021/22 pay round and progress in the 2022/2+3 round as circulated in 51BANFE22.

FE2 Pay and workload – organising to win  London regional FE sector committee 

Conference notes: 

1.     The increase in workload, casualisation, managerialism and cut in wages in real terms across the sector. 

2.     This year’s campaign over pay and workload. 

3.     All those branches that took strike action in defence of pay and conditions. 

4.     The real gains that those branches achieved. 

Conference believes that: 

a.     The ‘professional respect’ campaign over pay and workload is an important step in the right direction. 

b.     Strike action and sometimes the threat of strike action delivers real gains for our members. 

c.      The most effective way in winning better pay and conditions is through collective action. 

d.     To level up we need to be able to launch national action involving all branches.

Conference resolves:

                i.       To organise a one-day organising conference on a Saturday for all branches entitled, ‘Building effective campaigning Գ’.

               ii.       Invite those within the sector who have had success at winning to share their experiences. 

FE3 Supporting branches to pursue national priorities through local collective agreements  Further education committee

Conference notes that branches have secured collective agreements on the unions' national priorities of reducing casualisation, closing the equality pay gap and reducing workloads. These collective agreements deliver real improvements for our members.

Conference reiterates the priority status of these issues across the UK and calls on FEC to:

1.     accelerate work to support and empower our branches to pursue local claims in relation to casualisation, the gender pay gap and workloads

2.     Ensure that our local bargaining and national bargaining agendas support each other

3.     ensure that bargaining guidance and campaign packs are worked into appropriate training resources

4.     ensure the delivery of branch briefings and training events tailored to these priority issues

5.     ensure that agreements and success stories are shared and publicised throughout the union.

FE4 Teaching and learning support - pay and workload Croydon College

This conference notes the increase in union membership of teaching and learning support workers in many FE colleges. We applaud the role they have played in recent pay plus campaigns at Croydon College in making the case for pay and career progression pathways for support staff.

This conference recognises that there is more that needs to be done to ensure that staff in this vital area of provision are properly rewarded, are able to develop careers and participate fully in progressive and meaningful professional development.

This Conference resolves to include Teaching and learning support in 51 pay, workload and professionalism campaign and to call a special meeting of Teaching and learning support members to discuss and shape these concerns and demands.

FE5 Disability and the FE Charter Disabled members standing committee

Conference applauds the launch of the FE Charter for Professional Respect in Further Education and notes that equity for disabled workers in FE has a long way to go. 

Conference notes:

1.     That many disabled workers are employed on insecure contracts

2.     That the TUC puts the Disability Pay Gap at 20%; this places disabled workers on average, earning £3,500 less than non-disabled colleagues

3.     That many employers have used the pandemic to justify their failure of duty to implement the necessary reasonable adjustments required

Conference therefore instructs the FEC, to include as part of the FE Charter to:

a.     Negotiate with employers to undertake disability pay gap reporting including targeted action plans to address the pay gap

b.     Ensure that reasonable adjustments are made in a timely manner

c.      Make equality of opportunity a priority, so disabled workers are able to contribute on an equal footing with non-disabled colleagues

FE6 Full Recruitment crisis in FE Further education committee, City and Islington College Camden Road

Conference notes:

1.     The ǰ’s report into the staffing crisis in FE revealed that there are 6,000 job vacancies in England’s colleges.

The report found:

a.     96% of respondents say that the current level of vacancies is increasing pressure on staff.

b.     61% said colleges were having to spend more on agency fees to fill vacancies.

c.      Private sector pay has increased by 5.4%, public sector by 2.5% and education sector pay by 0.3% (with most of that outside of FE).

Conference believes:

                   i.    This is the worst staffing crisis in twenty years.

                  ii.    That the government’s aim of making FE central to the ‘build back better’ strategy will not be achieved if the staffing crisis isn’t resolved.

Conference resolves:

A.     To call on government to release further funds to increase wages to attract staff to the sector.

B.     To call on the AoC to recommend employers direct resources into increasing pay and decreasing workload.

Casualisation

FE7 Casualisation of Black members and pay Black members standing committee

Conference notes that:

1.     Casualisation of members means they do not have permanent contracts, e.g. recognised as full members of staff, guaranteed hours of work each year, paid the full hours they have worked, including preparation, teaching or marking.  

2.     They have to wait months to get paid, meaning no planned future or mortgage. There’s no holiday pay or training.

3.     The barriers and obstacles faced by Black casualised members is intensified by structural inequalities and racism, acutely felt by Black women. This intersection of oppression puts Black casualised members at the bottom of the pay ladder. Increased costs of living, means that they are faced with extreme poverty as they cannot afford to eat or heat their homes.

Conference resolves:

a.     That 51 will research the pay of Black casualised workers in further and adult education, leading to a campaign to alleviate the poverty they face.

FE8 Precarious contracts in FE and the Organising Agenda Anti-casualisation committee

Conference notes:

1.     At least 60% of colleges use zero-hours contracts to deliver education. Many staff in further, adult and prison education hold down multiple jobs and visit foodbanks (51 2019). Since this research was carried out, the committee has anecdotal evidence this situation has become worse. Eg, Abingdon and Witney College now offers staff access to the students’ foodbank.

2.        In the ACC’s recent ‘teach-out’, members recounted deterioration and increasing fragmentation of their work situation, including using education students as unpaid teachers. This event helped to increase FE representation on ACC.

Conference resolves to:

a.     provide organisational support to recruiting members and developing branches within FE, using the Build The Union toolkit;

b.     develop and publish a plan to encourage more participation of FE members in 51 structures, from branches up to national committees, in order to more effectively fight casualisation;

c.      provide tailor-made training for activists at branch/region level.

Health and safety

FE9 Mock OFSTEDs and Stress West Midlands regional FE sector committee

Conference notes:

1.     the adverse impact the pandemic has had on educational staff and students

2.     a failure in many leaders in FE to put in suitable and sufficient control measures to protect staff and students from undue stress, anxiety and a poor mental health

3.     FE leaders are carrying out ‘Mocksted’ observations which are causing undue stress, anxiety, illness and a decline in mental health as well an increase in absences

Conference resolves:

a.     to advise, support and give guidance to branches under scrutiny by ‘Mocksted

b.     to look at the hazards of Mocksteds from a health and safety perspective focussing on mental health and stress

c.      to lobby Ofsted naming FE Branches who do not take the impact of Mocksteds on mental health into account

d.     to go public with the impact of Mocksteds on mental health as well as the financial implications

Equality

FE10 Invisible FE women and the pandemic Women members standing committee

The pandemic has rendered women and those with protected characteristics invisible in FE.  Post pandemic changes can modify and improve lives.  Cholera led to clean, safe water, Influenza to the concept of public health.  However, there is little evidence to suggest that a post pandemic world will be any more equal for all women than before.  Whilst the pandemic has focused upon health issues, little has been uttered about the socio-economic effects upon women in general and those with protected characteristics in particular.

The WMSC believe that the post pandemic world has cloaked women in FE with invisibility at their intersectionality, especially when combined with precarious contracts and lack of representation in positions of power.  

We call upon 51 to:

1.     Conduct an audit of the gender pay gap and casualisation in FE

2.     Construct a bargaining position similar to the 4Fights.

FE11 Protecting Older Workers in FE  LGBT+ members standing committee

Conference notes:

72% of UK FE workforce are women.

Menopause can have a significant effect on mental/physical health. Currently support offered is aimed at heterosexual and cis women. 

FE teaching can be demanding with high levels of pastoral care, this can be challenging for older teachers. Burnout-induced early retirement leads to loss of skills/knowledge.

Older LGBT+ workers in FE can be impacted by the intersection of age, gender/sexuality making them more vulnerable to discrimination.

evidence of 

1.      health inequalities between older LGBT+ people and other older people, e.g. non-heterosexual men aged 50+ have lower life satisfaction and are more likely to have attempted suicide; 

2.      a higher prevalence of poor mental health in older LGBT+ people.

Conference agrees to:

a.      develop LGBT+ specific menopause resources for FE staff

b.      investigate options for older staff who want to carry on working 

c.      commission research into issues facing older LGBT+ staff in FE

Curriculum

FE12 Qualification Validation - the need for meaningful stable study programs Croydon College

This conference notes an ongoing trend in Further Education of constant in-term shifts and changes in qualification awarding bodies, re-validations and emergency awards and certifications. Conference agrees that these shifts are driven by Managerial anxiety about success data, not by pedagogical and learning requirements and very rarely benefit the students in any meaningful way.

Conference notes existing policy on progressive and meaningful education provision and resolves to mount a campaign to stop the use of meaningless curriculum shifts changes and additions that do not provide educational benefit to students and serve only to increase workload and massage management statistics.

FE13 HE provision in FE colleges   The Manchester College 

Conference notes: 

1.     FE institutions are increasingly offering HE courses. These are often written and delivered by college staff but accredited by universities. 

2.     FE institutions appear to be taking on the trappings of HE, without improving the terms and conditions of employment of those delivering the provision. 

3.     HE in FE staff are generally as qualified and experienced as their colleagues working in universities.  

4.     HE in FE staff usually have almost double the contact time than their HE counterparts and their specialisms are under-valued.  

5.     Academic and Professional Development and engagement with the academic community are particularly difficult.   

Conference asks the FEC to: 

a.     Commission research or conduct a Freedom of Information request into the volume and type of HE provision being offered in FE institutions. 

b.     Support a campaign as part of the Professional Respect charter to improve HE in FE staff terms, conditions and pay to work towards parity with HE counterparts. 

Data

FE14 Artificial Intelligence (AI) and Datafication Further education committee

FESC notes:

1.     Increased technology use in FE during the pandemic, and therefore in the amount of data our employers hold on members.

2.     Data Protection Impact Assessments should be carried out when implementing new systems using workers’ personal data, but unions are not consulted about them.

3.     The TUC working group on AI, which produced the Reps Guide on AI.

FESC believes AI can be useful but mustn’t infringe on workers’ rights or discriminate against individuals and must be fully accessible and user friendly.

FESC resolves to:

a.     Set up an expert group on AI and datafication bringing together 51 members in the field to identify threats and opportunities in both sectors and make recommendations on 51 AI policy.

b.     Establish the role of a Data Rep in each branch.


Motions to the higher education sector conference

 

USS

HE1 USS Higher education committee

HE Sector conference notes the report and approves the recommendations of the SWG contained in 51BANHE80 (SWG June 2022).

HE2 UCL

Noting the positive improvement in the USS monitoring position due to increases in the Bank of England base rate, Congress resolves to urgently campaign to prioritise the diversion of deficit recovery contributions into pension benefits in the short term as part of our industrial and political strategy to defend our pensions.

HE3 Failures in the governance of USS Southern HE sector regional committee

HEC notes:

Conference views with concern, failures in the governance of USS that have resulted in the adoption of a damaging, flawed and poorly evidenced valuation. This in turn has had a severe and adverse impact on the Scheme benefits.

51 negotiators should table the necessary motions to enable:

1.     a reshaping of the JNC to exclude the role of the JNC chair.

2.     removal of USS from Master Trust status.

3.     rescinding of the side letter that gave away our right to remove or replace USS trustees.

4.     a strong stance against leveraging the pension fund.

HE3A.1 Southern regional HE committee

Insert the word “independent” between “the” and “JNC chair.”

Insert the word “in” between “leveraging” and “the pension fund”

Pay

HE4 National Claim/New JNCHES Higher education committee 

HE Sector conference notes the report and approves the recommendations of the national negotiators contained in 51BANHE81 (New JNCHES June2022).

HE5 Fair pay for all our labour University of Sheffield 

Conference notes: 

1.     The hugely differential, unregulated, and often inadequate, rates of pay for ad hoc labour in higher education, such as external examination, PhD examination, and guest lectures 

2.     The absence of centralised 51 guidance on pay for these kinds of labour, akin to nationally negotiated salary scales, despite various discussion papers over the years, such as to the 2010 Review of External Examining Arrangements 

3.     Grassroots resignations of external examiners in solidarity with recent industrial action 

4.     Attempts by some employers to move away from established quality assurance mechanisms such as external examining in an attempt to undermine solidarity actions 

Conference resolves to: 

a.     Instruct HEC to develop centralised guidance on appropriate rates for the range of external and ad hoc roles that members undertake for universities 

b.     Develop this as a component of the next UK-wide JNCHES pay claim

Taking action

Advice from Congress business committee on consequentials (motions HE6 and HE7):

If amendment HE6A.1 is passed, amendment HE6A.2, and point 2 of motion HE7, fall.

HE6 Effective industrial action on Four Fights and USS University of Liverpool 

Conference notes: 

1.  Decisions taken at previous Conferences, and repeatedly expressed at Branch Delegate Meetings, to maintain the link between Four Fights and USS.

2.  The successful action by 51 members at the University of Liverpool last year, which involved both periods of sustained strike action, and a marking and assessment boycott.

3.  That brief periods of strike action (1-3 days) are ineffective.

Conference resolves: 

a.     To maintain the link between the two disputes until sufficient progress is made in one or both to justify separation. 

b.     To call escalating strike action and a marking and assessment boycott over both disputes. 

c.      To allow limited local variation, to minimise as far as possible strike action on unproductive days, while maintaining maximum effective action overall. 

d.     To respond to 100% pay deductions for ASOS by immediately calling further strikes. 

 

HE6A.1 London regional HE sector committee, UCL

Add at end:

"e. To commence disaggregated reballots in all branches over both disputes from as soon as possible in June to as late as possible in September,

i. with end dates timed to permit action in induction week,

ii. with both disputes in the same envelope where possible, and

iii. to liaise with branch officers immediately to identify induction week dates.

Where branches have strike mandates until October, the end date may be extended accordingly."

Add at end:

HE6A.2 SOAS

e. To commence an aggregated national reballot over both disputes from as soon as possible in June to as late as possible in September,

i. with end dates timed to permit action in induction week,

ii. with both disputes in the same envelope where possible, and

iii. to liaise with branch officers immediately to identify induction week dates.

Where branches have strike mandates until October, the end date may be extended accordingly.

HE7 Industrial strategy for 2022/23 University of Birmingham

Congress notes the outcome of recent special HESCs and the General Secretary’s email to all members on 13th April 2022.

Congress resolves:

1. That 51 will coordinate a comprehensive industrial strategy on the Four Fights and USS via HEC through the Summer of 2022 for 2022/23.

2. This strategy should include an extended aggregated ballot, running from October 2022 to January 2023, timed to close so that the 6 month mandate covers the majority of the Spring term and the examination period.

3. Branches should be given a weekly update on exclusions reported to Civica and ballots received by Civica.

4. Strike dates should be agreed with branches via branch delegates’ meetings with voting rights.

5. 51 should launch an ambitious fund-raising drive in the Autumn term.

6. Branches should be given meaningful legal support on any threats to punitively deduct pay.

 

HE8 Call for a return to aggregated strike ballots University of Southampton

51’s current strategy of running disaggregated ballots in national disputes has not recently been successful. In the 2021 USS ballot only 35 branches initially met the threshold for action on an overall turnout of 53%. In the Four Fights ballot, 54 managed this on an overall turnout of 51%. While aggregated ballots would have enabled industrial action across the sector, disaggregated ballots have enabled university leaders to characterise disputes as enjoying only the support of a minority. This weakens our negotiating hand, risks damaging solidarity across the sector, and weakens the public impact and media profile of the action.

Conference

1.     instructs HEC in future to make aggregated ballots the default position in future sector-wide industrial disputes

2.     resolves to provide support to branches with low turnouts to enable them to increase these

HE9 Focus industrial action on research as well University of Aberdeen

Congress notes that: 

1.  Strike action places a heavier burden on colleagues who are teaching during strike days;

2.  Many members are reluctant to take action which they feel may negatively affects students and our employers exploit that; 

3.  Many universities claim the main reason they cannot afford to address concerns over pay, pensions and workload is a structural underfunding of research (claiming it costs 25% more to conduct than they get paid to do it);

4.  Research funders can powerfully influence behaviour change of UK Universities (e.g. Athena Swan).

Congress calls on 51 to: 

a.  Target research activities such as REF submissions, internal and external grant reviewing, ResearchFish submission in future industrial disputes;

b.  Negotiate with major funders to gain their assistance in tackling the funding issues that Universities use to justify worsening working conditions of colleagues. 

HE10 Effective decision making on Four Fights and USS University of Liverpool 

Conference notes: 

1.     The successful action by 51 members at the University of Liverpool last year, which involved both periods of sustained strike action, and a marking and assessment boycott. 

2.     The importance of allowing branch members to decide each step of this local dispute, through frequent meetings, informed discussions, and 𳾲’ votes. 

Conference resolves: 

a.     To call Branch Delegate Meetings with decision making facilities before every HEC during the current national disputes. 

b.     To call on HEC to implement the decisions made at Branch Delegate Meetings.

HE11 Branch delegate meetings University of Edinburgh 

Conference notes: 

1.     Guidance on holding branch delegate meetings (BDMs)  &Բ;

2.     That BDMs have not been called routinely during the course of the USS and Four - Fights disputes prior to meetings of Higher Education Committee (HEC) 

3.     That votes have not always been held at BDMs 

Conference believes: 

a.     That BDMs are essential to internal democracy, allowing members views to be expressed through their delegates 

b.     That BDMs greatly enhance HEC’s ability to take key decisions that reflect and align with 𳾲’ views 

Conference resolves: 

                i.       To take a much more robust approach to the use of BDMs 

               ii.       To call a BDM before any HEC discussing UK-level disputes &Բ;

             iii.       To circulate questions to branches sufficiently in advance 

             iv.       To instruct HEC to take a strong steer from BDMs 

HE12 Trade Union Coordination University of Brighton Grand Parade, University of Brighton Moulsecoomb

Conference notes:

1.     51 is one of a number of trade unions organising higher education workers and part of the JNCHES machinery.

2.     Unison has become more successful in disaggregated ballots and has struck alongside 51 members this academic year.

3.     Justice for Worker, NUS and other student campaigns have also supported trade unions and continue to put pressure on our employers.

Conference believes:

a.     Members of all campus unions and students share common interests in fair pay, equality and quality of education.

b.     The most effective strike action involves shutting down university campuses and operations, which requires co-ordinated action between 51 and other campus unions.

c.      Co-ordinated joint union and student action maximises leverage over the employers.

Conference resolves:

That HEC and HEC officers maximise the opportunities for joint action at national and local level between 51 and other campus and student unions when deciding on industrial action dates, notifications and strategies.

HE13 Taking industrial actions does not cost jobs Southern HE sector regional committee

HEC notes:

1.     That university managers claim that industrial action has a negative effect on student recruitment and satisfaction.

2.     That this is a tactic to discourage members from taking industrial action by implying that it risks them losing their jobs.

3.  That some members are sometimes apprehensive about taking industrial action because of such claims.

4.     That these claims are not based on fact, and

5.     That industrial action is most effective when all members fully back the action.

HEC therefore:

a.     Instructs 51 to investigate claims that industrial action affects student satisfaction and recruitment, thus putting jobs at risk, and seek to identify robust evidence to allow branches to counter such claims, and

b.     Report the findings of this investigation back to HEC in 2023.

Defence of post-92 contract

HE14 Defence of post-92 contract – no to fragmentation of post-92 workforce University of Westminster 

Conference notes:  

1.     the National Post-92 Contract stipulates explicit maxima for the teaching week  and  year; the right to 35 days leave and 5+ weeks Research and Scholarly Activity 

2.     the commitment of Post-92 institutions to TPS 

3.     the University of Staffordshire using a subsidiary company to employ new staff, thus circumventing commitment to TPS and fragmenting the workforce 

Conference agrees that: 

a.     Defence of the national Post-92 Contract is of national importance for 51 

b.     The Staffordshire dispute is of national importance 

Conference resolves to: 

                i.       convene a national meeting of post-92 branches to discuss developments affecting the national contract and commitment to TPS 

               ii.       inform in writing, and via the 51 website, all Post-92 members about the contract on the maximum working week and year, and the right to a minimum 5 weeks self-directed research/scholarly activity 

             iii.       offer national support to 51 University of Staffordshire and to any 51 branch facing a similar attack 

Support for Ukraine

HE15 Call to sever links with Russian Universities University of Bournemouth

Conference:

1.     Calls on academics worldwide to take a stand against Russian President Vladimir Putin’s invasion of Ukraine.

Agrees that:

51 should join international calls for all UK universities to:

a.     Immediately sever any business links with Russian universities and UK universities

b.     Consider rescinding honorary awards made to any person with links to Putin’s regime

Resolves to:

                i.       Issue statements in support of the Global Student Forum, the European Students’ Union, the Ukrainian Association of Students and Ukrainian and Russian academics who have condemned Putin’s actions.

HE15A.1 LGBT+ members standing committee

Add new bullet point to Conference notes

4. Feminist and LGBT+ resistance to Putin’s regime in Russia including in the Ukraine. This in the face of some rights being eroded and atrocities in some areas taken over by Russia e.g. Chechnya

Add new point to resolves

ii. Send messages of solidarity to feminist and LGBT+ groups that are providing resistance in Russia and the Ukraine.

HE16 Docked pay for supporting all affected by war in Ukraine University of Dundee

Conference notes:

1.     The Russian invasion of Ukraine in February 2022 and ongoing war.

2.     The need to support all those affected by the war.

3.     The money that the Universities have saved by withholding pay from university staff on strike during this recent 15 days of strike.

Conference believes:

That we should do what we can as a university community practically to support those affected by the Russian invasion in Ukraine.

Conference resolves to:

a.     Ask all the University Managements to use the money withheld from our pay to provide material support for all staff and students in their university community affected by the war in Ukraine.

b.     If there are still funds left over, ask the University Management to use these funds to provide material support for other refugee staff and students in their university community.

Casualisation

HE17 Redundancy protection for casualised workers Women members standing committee

Conference notes the implications and equalities impact of the Augur report.

1.     Throughout Covid 19 universities’ income has been badly hit, alongside increased investing in making facilities and processes COVID compliant

2.     A reduction of £2.47 billion (reflecting the estimated decline in university income after the pandemic) could translate to 30,280 job losses (240 per institution) in HE.

3.     Many casualised workers are disposed of first in these processes or lose substantial parts of work due to pandemic restructuring 

4.     Casualised workers often are not entitled to redundancy pay

Conference resolves to:

a.     Negotiate on redundancy as priority in bargaining agenda in future disputes

b.     Campaign for awareness on lack of redundancy pay or redeployment rights for casualised workers

c.      Produce guidance for branches to negotiate rights to redundancy pay for casualised workers

 

HE18 Non-core funded research staff on casualised contracts Anti-casualisation committee

Conference notes:

1.     The continued precarious and exploitative employment of non-core funded researchers at UK HEIs

2.     The precarious employment of non-core funded researchers in UK HEIs intersects unfavourably with issues of gender, ethnicity, disability, pregnancy, and maternity/paternity so further disadvantaging the disadvantaged

Conference believes:

a.     No researcher, core-funded or not, should be precariously employed if they do not wish to be so

Conference resolves:

                i.       To establish a working group, including members who are non-core funded research staff, focused specifically on understanding more about the plight of ‘at risk’, non-core funded researchers at UK HEIs

               ii.       To enable the Equality standing committees to feed into to this working group

             iii.       For this working group to establish a set of minimum expectations for HEIs and funding bodies employing non-core funded researchers on precarious contracts

             iv.       For this working group to devise a national claim framework for local 51 branch negotiations regarding precariously employed, non-core funded researchers

HE19 Downgrading and casualisation Academic related, professional services staff committee

Conference notes that:

1.     There are many instances of downgrading of academic-related and professional services posts as a result of university restructures

2.     The increasing number of fixed-term or contract posts for academic-related and professional services staff (c. of currently advertised posts on jobs.ac.uk are fixed term or contract).

3.     The gender and ethnicity pay gaps are worsened by the situation above at a time when we are trying to close them.

Conference believes that:

a.     ARPS staff deserve appropriate remuneration and contracts for the contribution that they make to university business.

b.     Fixed term and contract posts should only be used in exceptional circumstances.

Conference resolves to:

                i.       Work with the Anti-Casualisation Committee to learn from their campaigns and successes.

               ii.       Use existing data from the recent ARPS survey to assess the extent of the issue.

             iii.       Set up a central portal for logging data, working with branches to enable this.

             iv.       Provide training on job evaluation systems

HE20 Strengthening 51's work amongst research-only employees Open University

Conference believes:

1. Precarity disrupts members on research- only contracts from being more active and experienced members, compounded by moving employer or locality.

2. That casualisation on research- only contracts is high, with 67% being fixed-term contracts, whilst many ‘open-ended contracts’ are ‘subject-to- ڳܲԻ徱Բ’.

Conference resolves that 51 produce:

a. a strategy for influencing research funders (including government) to focus on building employers and structures that create permanency

b. guidance on how members in Learned Societies might influence them to oppose casualisation

c. a pilot initiative for 51 to support 𳾲’ seeking to integrate solidarity economy activities into research work, such as linking to 51-aligned organisations requiring research, or Community Wealth Building as impact

d. bitesize political education, covering 51 activities, structures and ‘everyday’ actions

e. branch guidance on securing paid time (‘facilities time’) for all contract types, or as additional pay for members who cannot receive paid time off.

Defend education

HE21 Defend Education - Fight for the Future UCL

Conference notes:

1.     The student tuition fee cap freeze of £27,295 for post-2012 English and Welsh graduates, with RPI+3% over 30 years.

2.     2023-entry graduates will repay RPI-rated student loans above a salary threshold of £25,000 - for 40 years.

3.     Additional proposals for minimum exam entry requirements for undergraduates, and caps in student recruitment for courses without ‘well paid graduate Dz’.

4.     The existing marketisation process is creating university ‘winners and losers’, job losses and course closures, and undermining national bargaining.

Conference resolves:

a.     To build a UK-wide campaign against these changes and for a sustainable funding model without fees and loans, and approach the NUS, the TUC and individual trade unions, and campaigning organisations such as the CDBU, CPU and HE Convention for support.

b.     To call national demonstrations in Autumn 2022 in London, Edinburgh, Cardiff and Belfast under the slogan ‘Defend Education - Fight for the Future’.

HE21A.1 Birmingham City University

After point 4, add:

5. The move to bar students from student (HE) loans who don't achieve good marks in GCSE or A-level

6. The proposed cut of Foundation Year HE courses.

Between the section titled Conference notes and the section titled Conference resolves, add:

Conference believes such proposals:

- Disproportionately affect working-class students, disabled students, and students in particular regions, and will only benefit high earners;

- Represent an attack on Post-92 institutions and Arts and Humanities

Conference strongly opposes limiting access to university.

Outsourcing

HE22 End outsourcing of student support services University of Central Lancashire

Conference notes that there has been a sharp rise increase in the number of students in higher education needing disability support. Prior to the introduction of student fees, student support services were provided in-house, with non-medical support workers employed on terms and conditions agreed through collective bargaining.

In January 2021 the Competition and Markets Authority warned providers of support services against price fixing and collusion, including over-charging for goods and services.

This is yet another example of the failure of marketisation in HE to provide a social and educational need, resulting in the massive profits for private providers and a poorer service to disabled students.

Conference resolves:

to support campaigns with other campus and student unions for an end to outsourcing of student services in higher education as part of the wider campaign to end outsourcing in the public sector as a whole.

Workers’ rights

HE23 Precariousness post pandemic Women members standing committee

Conference notes:

1.     The pandemic has encouraged different forms of working, notably home based and online working increasing workloads for women due to caring responsibilities and home-schooling.

2.     The pandemic has disrupted researchers’ workload -  creating delays and difficulties with research, grant seeking, teaching, writing, publishing
and reviewing

3.     The Augar report proposes to extend the repayment of student debt to be extended to 40 years, disadvantaging teachers, nurses and other low earners (predominantly women)  

4.     Arts and Care work degrees and careers chosen by many women are sacrificed in favour of stem and business jobs

Conference calls on HEC:

a.     to make women workers’ needs, rights, and interests central to union responses and policies regarding new working arrangements

b.     to resist any increases in job insecurity and discrimination against casualised and/or zero hours workers, often women

c.      to take account of how gender disadvantage interacts with race, disability, sexuality and migrant status creating multiple discriminations.

HE23A.1 LGBT+ members standing committee

Add new point to conference notes:

5. That LGBT+ studies are side-lined in many institutions and many LGBT+ people experience precarity in their careers

Delete the word ‘sexuality’ in conference calls point c and replace with the term ‘LGBT+’

HE24 Bereavement leave Anti-casualisation committee

Conference notes:

1.     That 51 has an active ‘PGRs as Staff’ campaign that is working for postgraduate researchers to be treated as staff.

2.     That currently PGRs often do not have the entitlements of other staff to leave including bereavement leave.

3.     A recent case where a PGR who is also a parent was initially denied bereavement leave by their research council after the loss of their child, thus compounding their distress at a difficult time.

Conference believes:

a.     That all casualised workers should have equal access to leave, including bereavement leave.

Conference resolves:

                i.       To campaign through the PGRs as staff campaign and through all other means for the right to bereavement leave for all, including all PGRs, to be recognised by Research Councils and HEIs.

HE25 Well-being of black workers in higher education Black members standing committee

Conference notes:

1.     The increasing pressure of workload on black academics due to Covid19 and hybrid working. 

2.     Structural racism and barriers to black staff well-being in HE 

3.     Experiencing racism on a continual daily basis can compromise black staff's mental faculties.

4.     Failure to implement appropriate workload model and resources for hybrid working

5.     Failure to implement appropriate EDI institutional policies subjecting thus, black academics to unnecessary discriminations

Conference resolves:

a.     To support the implementation of an appropriate workload model with resources for hybrid working in HE.

b.     Commission research to audit how institutional and structural racism within UK higher education systems shape the mental health and well-being experiences and outcomes of Black staff.

c.      Develop and support interventions to resolve the violence of the racialised experiences of black academics. 

d.     Support students and 51 branches taking action to protect themselves and their communities on workload and racism.

 

HE26 Protecting disabled staff in the HE workplace Disabled members standing committee

Our workplaces still have a long way to go to embed the employer’s anticipatory duty under section 20 of the Equality act 2010 (EA 2010) in particular regarding organisational change within HE institutions.

Conference notes: That there is often a disproportionate impact on disabled staff when organisational change is taking place

Conference believes: That our workplaces should not become less diverse as a consequence of organisational change.

Conference resolves: To instruct 51 to produce guidance for branches to ensure employers undertake rigorous equality impact assessments so that disabled workers are not disproportionally made redundant when an organisational change is taking place. In addition, conference resolves to provide the Equalities team with sufficient resource to undertake this work.

51 recognition in study group

HE27 Campaign for National Recognition in Study Group University of Sheffield International College 

Conference notes:  

1.      The successful ballot for industrial action on pay and conditions at the University of Sheffield International College (a Study Group institution).  

2.      The successful campaign for 51 recognition at Sussex International Study Centre (a Study Group institution).  

3.      That both HEC and ACC have resolved to support campaigns to win union recognition in private higher education providers such as Study Group, On Campus and Kaplan.  

4.      That winning union recognition in private education providers is key to stemming the tide of outsourcing, privatisation and casualisation.  

Conference resolves:  

a.     To launch a serious high-profile campaign to win national recognition for 51 in Study Group, based on engagement with Study Group at the national level and supporting recruitment, organising and branch building in Study Group institutions at the workplace level. 

HESA data and academic related staff

HE28 HESA Data Academic related, professional services staff committee

51 notes that: 

1.     academic-related staff work in diverse HE roles, collaborating with academic staff to develop and deliver research, teaching and learning. 

2.     staff on non-academic contracts are approximately half the HE workforce. 

3.     in 2019/20, OfS made it non-mandatory to provide data on staff on non-academic contracts to HESA in England & Northern Ireland. 

4.     the coverage of HESA data could drop from near 100%, to 50% of the HE workforce. 

5.     in 2019/20, 36 institutions didn’t report any data for staff on non-academic contracts. 

51 believes that high quality data on the whole HE workforce is essential for improving pay and conditions for all members. 

51 resolves to: 

a.     work with other stakeholders (UCEA, other unions) to lobby OfS to include all HE staff in the mandatory data collection. 

b.     request data on non-academic staff from institutions that don’t provide data on academic-related staff via HESA. 

 


 

MOTIONS NOT ORDERED ONTO THE AGENDA

 

I Motions submitted after the deadline, not considered to meet the criteria for late motions

Submitted to Congress

B1 Branch delegate meeting provision to 51 Rules KCL

Congress notes:

1.     Existing branch delegate meetings’ policy but lack of rules around BDM organisation.

2.     Ignored calls from the February 2022 HE Briefings for a voting BDM before HEC. 

3.     Congress believes:

4.     51 can succeed only by putting members at the centre.

5.     BDMs play a key role in contributing to decision-making during disputes. 

Congress resolves:

a.     The GS or the Chair of the relevant Committee will call a BDM with voting rights and plenary interaction before every HEC/FEC discussing disputes.

b.     In the absence of such calls, a request from 20 branches will suffice for a BDM to be called.

c.      The GS or relevant Chair will send motions to vote on to branches in advance.

d.     Branches will elect delegates to share their views and offer suggestions for national action.

e.     HEC/FECs and NECs will take a strong steer from the BDM to decide on the direction and speed of national action.

B2 Establishment of a Commission on Compulsory Voting University of Keele

Congress notes:

1. The impact of anti-union laws inhibiting our collective struggles.

2. The statutory requirement for a 50% turnout in industrial action ballots.

3. The declining number of branches achieving the turnout, undermining our leverage in sector-wide disputes.

Congress believes:

a. Failure to achieve mandates in a majority of branches has a demoralising and demobilising effect, weakening our union.

b. 51 should move without delay to consider compulsory voting as an option for neutralising the 50% turnout requirement.

Congress resolves:

i. To set up a Commission on Compulsory Voting chaired by the mover of this motion to report on its legality, practicality, advantages and disadvantages.

ii. That the Commission should issue a report within six months outlining, if relevant, possible scenarios for its implementation.

iii. That the report should be circulated to the membership for consideration and on time for branches to pass motions for the 2023 Congress.

B3 Ukraine Disabled members standing committee

Conference notes that Disabled citizens are more likely to require facilitated and safe evacuation from conflict and that the UK has a duty to treat all refugees equally, with dignity and respect – and neither be abandoned nor left behind.

This congress unreservedly condemns the Russian invasion of Ukraine and condemns the:

1.     bombing of a Ukrainian home for disabled people in March

2.     acts of genocide and rape engaged in by Russian troops

Congress calls on the General Secretary to lobby the government to ensure that:

a.     they remove all barriers, including the requirements for visas for disabled Ukrainian refugees

b.     disabled Ukrainians, as well as their families and carers, are given sanctuary in the UK

c.      the Government provides a comprehensive package of support to disabled Ukrainians, their families, and carers when they arrive.

d.     all disabled people who cannot leave Ukraine have access to medication and treatments

Submitted to HE sector conference

B4 USS: Governance University of Essex

Conference notes the fraught valuation process, plagued with communication problems and widespread lack of confidence in USS and the JNC as a resolution body.

Conference believes that improved governance of USS and pension negotiations is a precondition to any improvement in the pension itself.

Conference resolves:

1.     to support a governance review, to start immediately, and to be carried out with an evidence-based process patterned on a reconstituted JEP and a broad remit to include:

a.     the relationship between USS and TPR, with a view to any participation or influence by TPR in an incomplete valuation;

b.     independence between USS and TPR, with a view to USS working solely in the best interests of employers and employees and within the bounds of prudence;

c.      the role of the JNC, including an effective bar against making plan pricing conditional upon long term covenant support available at the time.

B5 USS: unresolved issues University of Essex

Conference notes the misunderstandings and hesitancy from UUK about the more innovative components of the 51 proposals for USS reform.

Conference believes that a more innovative approach can generate a much improved and affordable scheme.

Conference resolves:

1.     to support continuing work with UUK (through the JNC) to develop workable approaches and a legal framework to support:

a.     mechanisms to guarantee a contributions cap and the best available pension within this, to be defined by joint agreement between UUK and 51.

b.     restoring CPI indexation as long as investment returns justify this within the bounds of prudence.

c.      where larger cuts to the scheme are considered, an incremental and minimalist approach to changes, including yearly joint UUK/51 reassessment with an eye to reversal.

d.     analogous covenant support for 51 as for UUK proposals, whereby the costing of these proposals takes account of both contributions and this covenant support.

B6 USS reform: no detriment, enhance, divest and improve the pension  KCL

HESC notes that: 

1.     There is at least a £30bn surplus at USS even if 30 years of depression and war followed: we can stop the cuts. 

2.     USS lost £500m in Russian investments in 2022 instead of divesting all fossil fuels in 2020 as members wanted 

3.     USS directors are unaccountable, and have overseen cost inflation from £38m in 2007 to £160m in 2020. 

HESC believes we can reverse the cuts and resolves that: 

a.     51 must table a no-detriment proposal at the JNC to protect 𳾲’ benefits: enhance the pension. 

b.     We must elect at least half of USS directors. 

c.      USS costs must be reduced and contribution rates lowered. 

d.     USS must divest from coal, oil and gas, and have a shareholder voting policy that follows 𳾲’ views. 

e.     51 must have a credible legal strategy, and support the ‘Save university pensions, and save the planet’ case.

B7 The threat of pay docking and lock out for ASOS Manchester Metropolitan University

Conference deprecates the employers’ attempts during the Four Fights dispute to normalise and enforce a policy of pay docking and lock outs for action short of a strike. We regard these moves to make trades unionists individually liable for the notional costs of industrial action as a strategy to suppress the legitimate pursuit of collective bargaining. The policy represents an attack on the right of a trade union to strike as it unavoidably places individual members at real and immediate risk of detriment when carrying out lawful industrial action. We welcome the decisions of some Universities to refuse to implement the policy, but the threat of its future use is equally an infringement of fundamental trade union freedoms.

Conference mandates the Union to pursue all existing legal remedies.

Conference further resolves publicly to campaign with the TUC and with potential supporters in Parliament to re-establish trade union rights in post-16 education.

B8 Evidence-based decision making during industrial action Manchester Metropolitan University

Recent sustained strike actions in HE have been ineffective in achieving 𳾲’ agreed aims and objectives. Successful strike actions depend on sustained member engagement; however, the conduct of 51 disputes is hampered by a lack of accurate information about member support during industrial actions. Congress notes the lack of systems for gathering and reporting accurate information on member participation, which deprives elected decision-makers of the opportunity to make tactical decisions informed by objective intelligence. We also note the failure to consider membership density when assessing the strength of support for both strategic and tactical decisions.

Congress resolves:

1.     to invest in improved membership and reporting systems

2.     to require HEC/FEC and senior officials routinely to assess strategies in light of accurate assessment of member engagement

3.     routinely to record voting numbers and branch density on motions submitted to all decision-making bodies of the union.

 

II Motions not in order for debate by Congress

The rule change in motion B9 is out of order as it cannot be implemented within the provisions of the political fund legislation.

B9 Rule change motion: Political representation  Anti-casualisation committee

Delete rule 2.10 and replace with new rule 2.10:

“Notwithstanding any other provision of these Rules, the funds of the Union and its respective nations may be used to support candidates for political office or to affiliate to political parties, provided these candidates/parties are compatible with the aims and values of the union and this is democratically endorsed by full meetings of the relevant executive body or by the relevant decision-making Congress.”  

Purpose: To allow the Union to support individual candidates standing for political office and to support political parties where the union believes that this would further the interests of education workers and the education sector. This would enable the Union to formally affiliate to a political party or to support individual candidates for political office. It would also be possible to establish Parliamentary Groups in Westminster or other devolved national legislatures in the UK.

For information, rule 2.10 currently reads:

2.10 Notwithstanding any other provision of these Rules no part of any fund of the union, or of any branch/local association, shall be used for, or with a view to, affiliation to any political party.

B9A.1 Anti-casualisation committee

Delete: “Notwithstanding any other provision of these Rules, the funds”

Replace with: “The political funds”

The rule change in motion B10 does not achieve the stated purpose.

B10 Representation Rule Change Novus prison education branch

Proposed changes to rule 18.9.2 and model regional committee standing order 4:

Rule 18.9.2: After ‘geographical constituency’ at end of second sentence insert: 'including members from branches who are not based in that constituency but have members whose workplace is in institutions located there.

Regional committee standing order 4: After ‘remit’ at end of first sentence insert: ‘Any branch where members whose work place is in institutions within a constituency will be entitled to the same membership based on members within the constituency.

Purpose: At present because Novus is based in the NW members only have access to 51 democratic structures in that region. Members who work in other regions want a voice in the Regional Committees where they are employed and the ability to stand for NEC for geographical based seats.

The proposed Rule changes are to allow branches who have members working in institutions who are based in different geographical constituencies to gain access to the democratic 51 structures where their workplace institution is based.

B11 Motion SFC5 University of Birmingham

The resolve in clause c. cannot be implemented by the NEC. Any advice or assistance must be granted in accordance with the ܲԾDz’s legal advice and assistance scheme as described in rule 4.5.

c. To mandate NEC to support members in bringing claims for unlawful deduction of wages where branches feel they have a reasonable claim.

B12 Motion SFC6 University of Glasgow

The instruction in clause b. is not within the remit of Congress. Staffing is, under rule, the responsibility of the general secretary. Congress cannot determine the employment of specific members of staff.

b. The General Secretary to arrange for two additional full-time members of staff to be added to this team, whether by recruitment of new members of staff or transfer from other responsibilities.

III Motions considered not to be the business of the conference to which they were submitted

Submitted to Congress considered to be the business of HE sector conference

B13 Effectively measuring the success of teaching and educational programmes Southern regional committee

Congress notes:

1.  The Teaching Excellence Framework and the National Student Survey are being increasingly used as the primary measure of educational success.

2.  Student voice is very important. However, student attainment should always be a key measure of educational success, and the effectiveness of educational programmes.

3.  The TEF in particular adjudicates teaching excellence based purely on student feedback, and without any consideration of teaching-inspired student attainment, student development, and successful mastery of the subject matter being taught.

4.  The over-emphasis on student feedback as a sole measure of educational success sometimes dissuades teachers from opening discussion of equality, diversity and inclusion in relation to the subject matter covered.

Congress agrees:

a.  51 should develop a campaign challenging the primacy of TEF and NSS as the primary measures of teaching quality and educational success, and

b.  In the campaign, 51 will seek to reposition student-attainment as the key criterion by which teaching quality is measured.

 

 

Submitted to HE sector conference, considered to be the business of Congress

B14 Workload and casualisation Black members standing committee

Conference notes:

1.     The results of 51’s workload survey, showing that Black staff and others with protected characteristics are more subject to excessive workloads

2.     51 research demonstrating that Black staff are more likely to be employed on casualised contracts;

3.     financial hardships experienced by casualised staff, exacerbated by the cost-of-living crisis.

Conference believes:

a.     The importance of considering workload and casualisation, like other industrial matters, in relation to Equality in local and national collective bargaining, given the disproportionate impact of excessive workloads on members with protected characteristics.

b.     Research and campaign resources will be useful for collective bargaining.

Conference resolves for:

             i. Research to be commissioned which will examine the impacts of casualisation and excessive workloads on Black members, building on 51’s workload survey findings, and informing national bargaining;

            ii. Bargaining resources, including the findings of the research, to be developed for branches to campaign on workload and casualisation in relation to Equality.

B15 Defend trans and non-binary people’s rights LGBT+ members standing committee

Conference notes:

1.     Government hostility towards Stonewall for supporting trans rights, including disaffiliations by the BBC, university senior managements, government bodies;

2.     Government’s refusal to implement Self-ID in the Gender Recognition Act;

3.     Government’s failure to recognise non-binary in law;

4.     The EHRC’s attempts to delay anti-conversion therapy legislation for trans people and undermine the Scottish GRA reforms;

5.     The Tory anti-conversion therapy Bill and HE (Freedom of Speech) Bill that threaten the safety of gender diverse people on and off campus

6.     The founding of the Feminist Gender Equality Network committed to opposing transphobia across society

Conference resolves to:

a.     Congratulate Sussex 51 for their solidarity with student protests against ‘gender critical’ views;

b.     work with FGEN

c.      develop resources to support branches to oppose ‘gender critics’ and transphobes promoting ‘gender ideology’, undermining LGBT+ people’s rights and promoting false division between women’s and trans people’s rights.

B16 Higher Education Careers Services: supporting students and low carbon economies Open University

HE conference notes: 

1.     Impartial advice and guidance offered by HE careers services is valuable for students and wider society.  

2.     Careers services promoting roles in oil, gas and mining industries is likely contributing to the global climate crisis, and leading students into careers which will decline as we decarbonise our economies. 

3.     Congress 2017 passed a motion resolving to “work with members affected by a move to a low carbon economy, other trade unions, and environmentalists” to campaign for a Just Transition. 

HE conference resolves: 

a.     To actively work with People & Planet to publicly support the student-led Fossil Free Careers campaign, calling on HE careers services to align their operations with sustainability considerations, particularly by declining to promote oil, gas and mining companies.  

b.     To produce a website statement about this motion and 51 support for this campaign and amplify the calls to action of it. 

B17 Cost of living crisis University of Dundee

The ‘Cost of living will see an enormous attack on working class living standards for staff and students in HE.

Inflation, National Insurance increases, rent rises and the spiralling costs of food and fuel - worsened but not caused by the war in Ukraine - will mean for many the choice is between heating and eating.

We urgently need to see resistance from our side to tackle the crisis.

We call on the TUC to call a national demonstration for action on the crisis.

For 51 to reach out to other campus and public sector unions to co-ordinate industrial action over pay.

We demand that energy prices are controlled and subsidised and that energy companies are brought back into public hands.

For those industries profiting from rising prices linked to the war in Ukraine to have 100% windfall tax on their profits.

 

Submitted to FE sector conference, considered to be the business of Congress

B18 Child Q London regional FE sector committee

The horrendous Child Q case highlights the institutional racism at the heart of the police force and education.

Black children are more likely to face tougher punishments at school because they are viewed as “less innocent” and more adult- like according to a report by the Commission on Young lives in England report. This leads to black children being disciplined more harshly – including being more likely to be excluded.

We resolve to campaign to keep the police out of our schools, colleges and campuses.

We will support and promote the ‘Justice for Child Q’ conference being organised by Diane Abbott MP, Stand Up to Racism and other organisations on Saturday 11 June.