being penalised for taking strike action

[Pickman's model]

earlier in the year i refused to cross the picket line of another union which was on strike, had a spot of money deducted from my pay, and thought no more about it.

until yesterday when i saw another deduction from my wages, which i was told was due to an unauthorised absence and investigation revealed to be the day of the strike.

management told staff that people taking action would see a 1/260 deduction from wages; i have had 1/130 deducted.

you can see how this might deter people who aren't in a union from supporting action, and i'm fuming about it. and waiting to hear back from hr.

 

[danny la rouge]

Keep us informed.

 

[Pickman's model]

long exchange of emails with hr this morning who say that my line manager discussed this with me. but it was my manager's manager's manager, who mentioned as i passed him on some stairs that there would be a deduction from my wages, not afaicr, the amount or that the day would be treated as unauthorised absence. tbh it's not the money that's the issue - i did some extra hours in may for an extra £300, so it's not like i'm too down financially. it's the principle, which is that if i withdraw my labour in support of a staff demand i'm on strike. passed on the email exchange to someone on the branch committee of the other union, and being as far as i know i'm the only person outside that union who refused to cross the picket line i hope for some support from that side.

 

[danny la rouge]

Check how it affects your pension, too.

 

[Pickman's model]

Check how it affects your pension, too.

i have no expectations from that side of things but you're right, i will do.

 

[Pickman's model]

Check how it affects your pension, too.

email sent. if i take up enough time they may just reduce the deduction to silence me.

 

[Guineveretoo]

long exchange of emails with hr this morning who say that my line manager discussed this with me. but it was my manager's manager's manager, who mentioned as i passed him on some stairs that there would be a deduction from my wages, not afaicr, the amount or that the day would be treated as unauthorised absence. tbh it's not the money that's the issue - i did some extra hours in may for an extra £300, so it's not like i'm too down financially. it's the principle, which is that if i withdraw my labour in support of a staff demand i'm on strike. passed on the email exchange to someone on the branch committee of the other union, and being as far as i know i'm the only person outside that union who refused to cross the picket line i hope for some support from that side.

If you refuse to cross a picket line you are taking industrial action and that means that you will be treated the same as those people on the picket line. That is, they can legally deduct a day's wage for each day you are absent and it is, legally, classed as unauthorised absence.

Taking part in industrial action and strikes - GOV.UK

 

[Guineveretoo]

email sent. if i take up enough time they may just reduce the deduction to silence me.

The link I put up above points out that it probably will affect your pension in a miniscule way.

The question, though, is whether they have deducted the right amount!

 

[Pickman's model]

If you refuse to cross a picket line you are taking industrial action and that means that you will be treated the same as those people on the picket line. That is, they can legally deduct a day's wage for each day you are absent and it is, legally, classed as unauthorised absence.

Taking part in industrial action and strikes - GOV.UK

ah. but our big boss sent round an email saying

We will not be taking any precipitate or disproportionate action to escalate the dispute and will continue to have discussions with local UCU representatives to do all we can to minimise the impact on our students.

and tbh i'd say deducting wages at twice the rate for non-ucu members is precipitate and disproportionate.

 

[danny la rouge]

The question, though, is whether they have deducted the right amount!

Exactly. Especially as they seem to be deducting more than a day's wages for a day's absence (if I understand Pickmans correctly).

 

[Pickman's model]

If you refuse to cross a picket line you are taking industrial action and that means that you will be treated the same as those people on the picket line. That is, they can legally deduct a day's wage for each day you are absent and it is, legally, classed as unauthorised absence.

Taking part in industrial action and strikes - GOV.UK

tbh an issue here is everything they sent round said people taking action would lose 1/260 of their wages, not ucu members would lose 1/260 and everyone else a higher amount.

 

[Pickman's model]

Exactly. Especially as they seem to be deducting more than a day's wages for a day's absence (if I understand Pickmans correctly).

i work part-time for that employer, two full days a week and one half day. the strike was on one of the full days i work, for which i have seen the entire day deducted. yeh, i can see the point of taking the entire day. but it seems to me unfair when they say 'ucu members, you lose 1/260' and they say to me, 'pickman's model, you lose 1/130'.

 

[High Voltage]

i work part-time for that employer, two full days a week and one half day. the strike was on one of the full days i work, for which i have seen the entire day deducted. yeh, i can see the point of taking the entire day. but it seems to me unfair when they say 'ucu members, you lose 1/260' and they say to me, 'pickman's model, you lose 1/130'.

Sooooo . . . would that make your Pro Rata payment rate 50% of an annual salary?

And if so, surely, any deduction should be at a similar rate i.e. 1/520th rather than 1/130th - sounds to me like, maybe, someone didn't do the mathS right

 

[sim667]

email sent. if i take up enough time they may just reduce the deduction to silence me.

I think if it is an illegit deduction you can charge interest.

I managed to blag some interest when my old job simply "forgot" to pay me for 3 months.

 

[Guineveretoo]

ah. but our big boss sent round an email saying and tbh i'd say deducting wages at twice the rate for non-ucu members is precipitate and disproportionate.

I think that's an error - taking the money twice, I mean.

 

[Pickman's model]

Sooooo . . . would that make your Pro Rata payment rate 50% of an annual salary?

And if so, surely, any deduction should be at a similar rate i.e. 1/520th rather than 1/130th - sounds to me like, maybe, someone didn't do the mathS right

no, what's happened is they've said 'pickman's wasn't in that day so we won't pay him for any of it' rather than 'pickman's wasn't in that day so we will deduct 1/260 of his annual wages'. tbh i don't object to 1/260.

 

[Guineveretoo]

tbh an issue here is everything they sent round said people taking action would lose 1/260 of their wages, not ucu members would lose 1/260 and everyone else a higher amount.

They cannot legally take more from non UCU members. It's an error.

 

[danny la rouge]

I think that's an error - taking the money twice, I mean.

Yes. It could just be that the admin has accidentally carried forward last month's deduction to this month as well. It happens. But that's why you should read and query your payslips.

 

[Pickman's model]

They cannot legally take more from non UCU members. It's an error.

please could you point me in the direction of something saying this?

 

[Pickman's model]

Yes. It could just be that the admin has accidentally carried forward last month's deduction to this month as well. It happens. But that's why you should read and query your payslips.

what happened is they deducted a small amount in june and a rather larger amount the other day. they made a mistake in june and were 'correcting' it with an additional deduction the other day.

 

[Guineveretoo]

no, what's happened is they've said 'pickman's wasn't in that day so we won't pay him for any of it' rather than 'pickman's wasn't in that day so we will deduct 1/260 of his annual wages'. tbh i don't object to 1/260.

Ah, I'm understanding now.

I'm afraid they're probably right. The law says they don't have to pay you so they won't pay you.

Other part timers would have the same problem. You could ask to ensure that they are applying it consistently, in fact.

 

[Pickman's model]

Ah, I'm understanding now.

I'm afraid they're probably right. The law says they don't have to pay you so they won't pay you.

Other part timers would have the same problem. You could ask to ensure that they are applying it consistently, in fact.

i entirely understand their point. and tbh i wouldn't be arguing this at all if the institution hadn't previously announced that staff taking action would be deducted 1/260 of their annual wages.

 

[Guineveretoo]

please could you point me in the direction of something saying this?

The link says that. But your deduction is not because you're non-UCU - it's because you're part time.

Ask how they have applied it to part time UCU members.

 

[Pickman's model]

The link says that. But your deduction is not because you're non-UCU - it's because you're part time.

Ask how they have applied it to part time UCU members.

they are denying i was on strike and have put this down as unauthorised absence. they have already said to me that if i was on strike then they would recredit me the difference. this is really the sticking point, was i on strike or not? on the day i phoned in and said i wasn't crossing the picket line. seems clear to me...

 

[Treacle Toes]

Is the sticking point here that the OP's Union wasn't the one on strike so they are simply recording him as absent?

 

[Pickman's model]

Is the sticking point here that the OP's Union wasn't the one on strike so they are simply recording him as absent?

yes.

 

[Miss-Shelf]

I feel your pain
In my work the sister and brother unions are forever on strike. Some people solve it by taking leave and joining the picket line if the other union. As Guin says, check the amount taken

 

[Pickman's model]

Is the sticking point here that the OP's Union wasn't the one on strike so they are simply recording him as absent?

Local Government Lawyer - Striking answers

it seems they could dismiss me as, as a member of another non-striking union, i would not have the protection from dismissal. but in terms of the deduction, when they have announced people taking action would lose 1/260 it seems perverse to take 1/130.

 

[Pickman's model]

I feel your pain
In my work the sister and brother unions are forever on strike. Some people solve it by taking leave and joining the picket line if the other union. As Guin says, check the amount taken

i have.

Full time Annual Salary (£X pa divided by 52.143 weeks divided by 35 hours x 7 hours = 1/130(X))

but the issue is whether i as a non-ucu member supporting the strike through not crossing the picket line am myself on strike or on unauthorised absence.

 

[Sprocket.]

I think it's wonderful that we live in a state where secondary picketing is illegal, yet it appears that secondary strike busting by fiscal attack is legal.

Seriously I believe you are entitled to the same penalties your work colleagues received, it would be discriminatory to treat another employee differently. But as I typed that it crossed my mind I have heard of similar action before when a union member in a different Union to the one in dispute with the employer. As it was deemed an absence.
Will do some checking up and let you know.