Is this legal?

[diege]

My DP and I both work in HE. His uni have voted for strike action next week, and upon finding out that he, and colleagues, are striking, his manager has moved his classes (and those of his colleagues) to the two days before the strike starts (so effectively squeezing 16 hrs teaching into 2 days). I have a feeling sadly that while this might be unethical, its not illegal, though can see how the uni withholding pay when the work that would have been carried out on said strike days (Thurs, Fri) is effectively being done Mon/Tues does seem to be pushing it a bit... Can anyone confirm?

It depends what his contract says about contact and how his hours are to be worked. If if doesn’t say x hours a day with x group then it’s probably of flexible.

He won’t get paid if he’s on strike. I would like to think the students won’t miss out. They have been through enough and are paying for tuition. Maybe this has driven the university to shift his hours? They are in a lose/lose situation and so are the students!

Whether they can change the hours would depend on what the contract states.

I didn’t understand your point / question regarding the pay. If you mean they are not going to be paid for hours they have worked then that is illegal of course.

Sorry for the confusion - I'm aware strike action isn't paid (I'm an HE lecturer myself who has striked and lost pay in the past). I think I was musing on the lack of ethics displayed in this case by management who had (by condensing the worked hours on upcoming strike days into the days preceding) effectively rendered the whole point of striking (and forfeiting pay) redundant.
It transpires that by so doing, some staff were effectively going to be working over their contracted daily work rate. Last night DP received an email saying staff could rearrange their teaching on strike days to later in the semester, so a good outcome in comparison to what it could have been.

Why should the employee be complicit in worsening the situation for the students?. If I was a parent I would expect the uni to do its best for the students after such an awful 2 years!

But are they not just prioritising the work he does in the days he will be available? If they want him to teach on those days and not do the other activities he would normally do on those days then that sounds fine

It sounds like an entirely rational and reasonable approach for management to take, minimising the impact on students whilst accepting that the strike will go ahead

I think he could/should refuse the rescheduled teaching as the union is also doing work to rule which would cover this activity.

@anniegun

It sounds like an entirely rational and reasonable approach for management to take, minimising the impact on students whilst accepting that the strike will go ahead

Yes sounds smart. Ultimately it depends on his contract, whether his working hours are stipulated not.

OP, I also work in HE and as the union advises, it's best not to provide information on intending to strike in advance as it leads to these types of problems. What his manager is doing is unethical but as those days are not part of ASOS, it would be lawful. If though the rescheduling takes place during the ASOS period, he has the right to refuse the rescheduling. And for those that are arguing in favour of rescheduling, I suggest you direct your complaints to the employers. Staff are not paid during the strike, universities are mismanaged and lots of staff, who are the backbone of HE, are on precarious contracts. Staff have asked VCs to use the money for student hardship funds but no university has committed to this.

Doesn't sound as if its illegal to me. But he needs to contact his union and see what they say. But perhaps his terms and conditions of employment require that a certain amount of notice time is given for a change of timetable.

@Paeonia yes, that's the view I take (and other posters FWIW I have children at uni too so understand from that side). I think you need to work in HE to fully appreciate the bigger picture and the historical attack on teaching in the sector.

As my update, the rescheduling did break contract, way beyond even ASOS, as it meant employees teaching 10-5 and then 6-9 evening work in the network colleges on that particular day (so over contracted 9 hrs a day).

Can't believe this strike is going ahead
Haven't the students suffered enough

@user1487194234

Can't believe this strike is going ahead Haven't the students suffered enough

I've worked in HE for 5 years and only this year did I get a contract that stated that I had a job past 6 months time. I've been waiting 5 years to but a house but mortgage lenders wouldn't look at me. Throughout the pandemic lecturers rearranged entire course online. I worked almost twice my contracted hours and was far from the only one. Also have been able to use my annual leave because there is no time. Burn out is at an all time high and most of my colleagues are at braking point. On top of this the unis are using the pandemic as an excuse to destroy the pensions of the staff. Mabey instead of being pissed off at the staff try being pissed at the senior staff who are doing this.

Just curious would you be happy to work almost double your contracted hours with no overtime and no annual leave?

In response to your original question yes it is legal in my uni. We have a number of hours on our contract but no specificity on when they can be used so yeah they would rearrange sessions.
It's very much a case that the lecturers will be making up the time in their own time. Ie the marking will still need to be done the prep will still need to be done ect buts it's going to be on the lecturers time. This is one of the reasons I'm glad my uni isnt striking.

I work 10 hour days and stop when the work is com

completed
I appreciate there are issues in the HE sector,as in many others,but is now really the time for strikes