1 What do I do if I am called to a meeting with line management and HR are unexpectedly present?
Ask for written clarification as to the status of the meeting, for example, is this a formal meeting?
Ask whether this meeting is part of a University procedure, and if so, which procedure?
If the meeting concerns disciplinary action and could result in a warning been given then you have a statutory right to have a UCU rep present. If no rep is available then you should seek a postponement. Please note that if the meeting is an investigation you do not have the statutory right to be accompanied, although responsible employers should allow you to have a rep present. Contact your UCU rep once you have been invited to an investigation meeting.
Ask if the meeting is being minuted and if so, when you will receive the minutes (i.e. you may want to check these minutes and make amendments)
Even if the meeting is minuted, make notes if possible. Do not be afraid to ask the other participants to speak more slowly or repeat what they have said (especially if the matter is serious).
If you find taking notes difficult, and the meeting is taking place online/remotely, you could also ask for permission to record the meeting. However this can only be done with the agreement of every participant.
If you feel upset or anxious, ask for an adjournment. This can be done regardless of whether the meeting is in person or being done remotely.
Do not agree to anything under pressure that you feel is incorrect/detrimental, but state that you need time to reflect and will get back to the University via email in 24/48 hours with your response.
If you are questioned , just answer what is being asked and do not expand, particularly in cases where you are not accompanied by a UCU rep.
Immediately after the meeting make a note of the main points. In some cases you may want to send this to the other participants as a record (particularly where no notes or minutes were taken). If your account is disputed it is up to the other participants to challenge it.
Contact UCU for advice if necessary
2 What do I do if called to a meeting and redundancy is raised?
Depending on the context, be very careful of what you might say and refrain from engaging in a discussion which may give the impression you are happy to have hours cut, being made redundant, being relocated etc. unless you are happy to do so.
Ask if the meeting is being minuted and if so, when you will receive the minutes (i.e. you may want to check these minutes and make amendments)
Make notes if possible
If you find taking notes difficult, and the meeting is taking place online/remotely, you could also ask for permission to record the meeting.
Ask that any information/documentation that is presented to you is forwarded after the meeting via email
If you feel upset or anxious, ask for an adjournment
Do not agree to anything under pressure that you feel is incorrect/detrimental, but state that you need time to reflect and will get back to the University via email in 24/48 hours with your response
After the meeting, check that the meeting corresponded with the University procedure
Contact UCU for advice
3 What do I do if I am called to a meeting and changes to my contract are suggested?
Ask if the meeting is being minuted and if so, when you will receive the minutes (i.e. you may want to check these minutes and make amendments)
Be very careful that what you say might may give the impression that you are happy to have detrimental changes made to your contract or way of working.
Make notes if possible
If you find taking notes difficult, and the meeting is taking place online/remotely, you could also ask for permission to record the meeting.
Ask that any information/documentation that is presented to you is sent after the meeting via email
If you feel upset or anxious, ask for an adjournment
Do not agree to anything under pressure that you feel is incorrect/detrimental, but state that you need time to reflect and will get back to the University via email in 24/48 hours with your response. It is perfectly reasonable to say that you need time to think and consult with your UCU rep before you can respond fully.
After the meeting, check your contract
Contact UCU for advice
4 What do I do if I am called to a meeting and any of the following are mentioned: Settlement Agreement / Mutual Agreement / Protected Conversation / Without Prejudice Conversation?
It is important to understand what is happening if you are invited to a meeting with Management and/or HR who then initiate a discussion about taking an ‘enhanced’ offer/opportunity to leave the University. If this offer is not accepted within a short period, the member of staff may be told that they can expect to be made redundant (with considerably less by way of a financial settlement) or face formal proceedings (such as the Capability Procedure).
If another procedure has been referenced (e.g. Redundancy/Capability), request that the relevant policy is sent to you after the meeting.
Request clarification as to what is the exact basis of the ‘conversation’ in case of subsequent legal proceedings. Is this a Mutual Agreement conversation, a Protected conversation, a Without Prejudice conversation?
Ask if the meeting is being minuted and if so, when you will receive the minutes (i.e. you may want to check these minutes and make amendments)
Even if the meeting is minuted, make notes if possible. Do not be afraid to ask the other participants to speak more slowly or repeat what they have said.
Do not agree to anything under pressure that you feel is detrimental.
You can ask to halt the meeting so that you can seek advice from your Trade Union rep
Ask if you can re-arrange the meeting for a later date and bring a UCU rep with you to the re-scheduled meeting (as per paragraph 13 of the ACAS Code of Practice on settlement agreements: https://www.acas.org.uk/code-of-practice-settlement-agreements
If you prefer to continue with the conversation to see what might be on offer, you can of course do so
If you need more time to explore a potential ‘offer’ then request an extended deadline from HR.
If you have a Settlement Agreement in principle and want UCU’s solicitors to advise on the terms and effect of that agreement, it can be sent to the London Region at londonregion@ucu.org.uk and they can pass it on to the lawyers. Alternatively, you can take these agreements to an independent solicitor for sign-off.
Recently, across the sector, UCU has noted that in redundancy situations Professors and Associate Professors are particularly vulnerable, both in the redundancy notice and in these so-called ‘protected conversations’. It may be that this is the older workforce and, as such, this raises issues about whether there might be claims under the Equality Act for age discrimination. If this is the case, such conversations might lose their protected status and you should contact the branch if you are concerned about age discrimination or any other type of discrimination before signing an agreement.
5 What rights do I have as a fixed term employee?
If someone has been on a fixed term contract for more than 4 years, then under employment law you are potentially eligible for a permanent contract. See https://www.ucu.org.uk/article/3567/Fixed-term-regulations-requesting-confirmation-of-permanence for more details. Requests for permanence should be made as soon as possible after you have been working for the employer for 4 years and the original contract has either been replaced or amended in that time. If someone has been employed by the University for 24 months or more, then they are entitled to redundancy. This involves not only a potential payment, but also rights to ensure that selection for redundancy has been carried out under fair and proper selection processes. You can’t be selected for redundancy purely on the fixed-term nature of your contract. The University needs to discuss ways to redeploy you if possible, which will include training you for a new post if necessary. For more UCU guidance on this please go to https://www.ucu.org.uk/article/3547/The-ending-of-a-fixed-term-contract—some-information#redundancy, and to see a calculation of the basic minimum redundancy pay that you would be entitled to, please go to https://www.gov.uk/calculate-your-redundancy-pay. Transferring to a permanent contract is advisable in a sector that relies more and more on precarious contracts, as there is an increased level of protection. This will benefit an employee outside of work (example, it may be easier for you to apply for a mortgage) as well as within work (example, for fixed term staff, the employer does not have to give you notice at the end of your contract, and can potentially attempt to renew the contract on less favourable grounds).
6 What do I do if I feel I am being bullied/harassed?
If possible, ask the person bullying or harassing you to stop. Keep a note of your discussion e.g. a follow up email to show you raised the problem and what, if anything, was agreed.
Start making a diary of unwanted events/incidents/conversations/interactions.
Make a note of those who witnessed any unwanted behaviour. If possible, approach them afterwards to check. If the problem remains unresolved you may need witness statements.
Gain help with any emotional and/or physical consequences (by talking to your GP / Occupational Health / Independent counselling services if necessary e.g. https://www.educationsupport.org.uk/)
Start making a diary of events/incidents/conversations/interactions
Gain help with any emotional and/or physical consequences (by talking to your GP / Occupational Health / Independent counselling services if necessary e.g. https://www.educationsupport.org.uk/)
