Frequently asked questions

Section One: Update on industrial action 

Why is industrial action taking place?

The University and College Union (UCU), has confirmed an extension of its mandate which will enable its members to take further industrial action over two disputes in relation to pay and working conditions and the USS pension.

The UCU demands are summarised and responses from University and Colleges Employer Association (UCEA) (pay and conditions) and USS (pension) are set out on their websites.

What does an extended mandate mean?  Answer updated 26 September

UCU has, through a ballot of its members, renewed its mandate for continued industrial action for a further six-month period until 30 September 2023.

On 5 April they announced an extension of “Action Short of a Strike” to include a marking and assessment boycott (MAB) from Thursday, 20 April 2023 until the cessation of the current mandate (30 September 2023).  However, on 6 September UCU announced thatfollowing a consultation with their membership, the MAB would be withdrawn with immediate effect.

We have received confirmation that national UCU will be taking further industrial action, in the form of five days of Strike Action, in relation to ongoing national disputes about Pay and Working Conditions and executives for the local branch of UCU (UMUCU) have informed us of additional strike action, which is a response to the university’s local pay withholding position with the Marking and Assessment Boycott.

However, on 25 September 2023, the University announced that UMUCU’s Strike Action was called off with immediate effect.  Therefore the Strike Action took place Tuesday, 19 – Monday, 25 September (five days in total).

Section Two: ASOS

What does action short of a strike (ASOS) mean? Answer updated 7 September

Action short of strike (ASOS) commenced on 23 November 2022 and due to the extended mandate can continue until no later than 30 September 2023.

On the most recent ballot, UCU listed the following as ASOS:

1. Working to contract
2. Not covering for absent colleagues
3. Removing uploaded materials related to, and/or not sharing materials related to, lectures or classes that will be or have been cancelled as a result of strike action
4. Not rescheduling lectures or classes cancelled due to strike action
5. Not undertaking any voluntary activities
6. A marking and assessment boycott (from Thursday, 20 April 2023).  This form of ASOS was withdrawn on 6September 2023

UCU members cannot lawfully undertake any other forms of ASOS unless UCU provides our University with 14 days’ advance written notice.

Section Three: Marking and Assessment Boycott

What is a marking and assessment boycott?

UCU defines a marking and assessment boycott as “all marking and assessment processes that contribute to summative assessment decisions for students/learners, whether final (i.e. graduation/completion) or interim (i.e. progression decisions).”

What is included in a marking and assessment boycott?

UCU has confirmed that “all summative marking and assessment, at all levels, are covered in the boycott, therefore undergraduate, sub-degree, and postgraduate are included”. A marking and assessment boycott is specified by UCU to include:

• Marking, moderating, providing feedback on coursework, exams or other types of summative (not formative) formal assessment;
• Posting, releasing, uploading marks or feedback;
• Attending/engaging in exam boards or any other meeting or forum related to marking and assessment;
• Preparing marking materials;
• Administration related to marking.

How long will the marking and assessment boycott continue? Answer updated 7 September

The marking and assessment boycott began on Thursday, 20 April 2023 and was due to cease at the end of the period of the current industrial action ballot mandate (i.e. 30 September 2023).  However, on 6 September UCU ended the marking and assessment boycott with immediate effect.

Individual participation timescales in a marking and assessment boycott may differ please see FAQ’s: “When does participation in the marking and assessment boycott begin? and “When does participation in the marking and assessment boycott end?”

Section Four: Participating in a Marking and Assessment Boycott

Will all UCU members participate in a marking and assessment boycott?

Taking part in any industrial action, including a marking and assessment boycott, is a personal choice. Whilst some UCU members will take part, others may choose not to.

Can I ask my team members if they intend to participate in a marking and assessment boycott?

From 20 April 2023 line managers can ask employees if they are participating in a marking and assessment boycott. We expect and require employees to respond promptly and honestly to such questions.

When and how do I report that I have taken part in a marking and assessment boycott? Answer updated 26 September 2023

If you have not already reported participation in the MAB you must do so no later than Monday, 9 October 2023.  

You can report your participation via email  to your Line Manager, cc’ing in the relevant faculty MAB e-mail address (mab-hums@manchester.ac.uk/mab-fbmh@manchester. ac.uk/mab-fse@manchester.ac.uk) providing the start date of your participation and any relevant authorised paid leave during the period of participation.  We also understand that colleagues may report directly with UMUCU via ucu@manchester.ac.uk with the subject line "MAB reporting” and UMUCU will forward directly onto P&OD (to the relevant faculty inbox) by Monday, 9 October.

I am a GTA – do I need to report that I have taken part in the marking and assessment boycott?

Yes, if you are a GTA and you are participating in the marking and assessment boycott then you will need to complete the Participation in Marking and Assessment Boycott form each month that you participate in this action from the 20 April, confirming the hours that you would have worked each month on Marking and Assessment duties (if you were not otherwise taking part in the boycott).
Deadlines for GTA’s to report in this participation on a monthly basis are as follows:

• 3 May 2023 for action taken in April 2023
• 2 June 2023 for action taken in May 2023

The amendments to pay will be processed in line with the above, for example for any action taken in April, the pay that is due to be withheld will be processed in May 2023. If your GTA contract comes to an end prior to any deductions being made then we will make the necessary arrangements to recover any overpayment.

Will my pay be reduced if I take part in the marking and assessment boycott? – Updated Answer 26  September 2023

The University does not accept the partial performance of contract of any employee. This means that if you are not willing to perform your full contractual duties, for example by not carrying out the marking and assessment duties that are allocated/required as part of your role, you will not be required to perform any of your duties and, consequently, will not be entitled to receive your contractual pay. Any work that you do undertake will therefore be on a voluntary basis. Whilst there is no legal obligation to pay any salary in these circumstances, the University exercised its discretion to withhold pay at 50% of normal salary for employees who are taking part in the marking and assessment boycott. However, the University was always very clear about its right to review this arrangement and confirmed that employees will be advised if this occurs.

On 7 June 2023 the University communicated that it had taken the difficult decision to review this arrangement due to the concern that colleagues who were participating in the boycott were not reporting their involvement, considerably impacting the mitigation that could be put in place to protect students and fellow colleagues from further distress and disruption. 

From Monday, 12 June colleagues who failed to report their participation in MAB before Friday 9 June were subject to pay being withheld at 100% backdated to 12 June and 50% prior to that backdated to the earliest date on which their marking or assessment could commence.

On 6 September 2023 the University communicated further to constructive discussions with UMUCU  all colleagues who reported their participation in MAB after 9^th June and therefore subject to pay being withheld at 100%, will have pay withheld at 50%. Any pay withheld at 100% between 12June to date will be restored to 50% and the necessary pay adjustments will be made in September payroll.

On 25 September 2023 the University communicated that further to an agreement reached with UMUCU, all colleagues that participated in the MAB will have pay withheld at 25% of normal salary for the period of participation. 

I am not intending to take part in a marking and assessment boycott – do I need to do anything? Updated answer 26 September

If you are not taking part in any form of a marking or assessment boycott you do not need to complete the online reporting form, but you should inform your line manager when asked, that you are not taking part.

If you are collecting exam scripts in person, you will be asked to complete a declaration form to confirm that you are not participating in the marking and assessment boycott, and you should sign and return this. If you do not sign and return this declaration form then you will not be provided with the exam scripts. If a colleague chooses to collect exam scripts but then does not undertake the marking of them due to participation in the MAB, from 12 June, the University will also withhold 100% of the salary backdated to 12 June, and 50% of the salary prior to that, backdated to the earliest date on which their marking or assessment could commence. In this scenario, colleagues could also be subject to disciplinary proceedings.

From 12 June if you fail to report taking part in the marking and assessment boycott but are later found to have taken part in such action, the University will withhold 100% of the salary backdated to 12 June, and 50% of the salary prior to that, backdated to the earliest date on which your marking or assessment duties could have commenced.

As of 6 September 2023, any colleague that was subject to 100% pay withholding arrangement from 12^th June will have their pay withholding arrangement restored to 50% and the necessary pay adjustments will be made in September payroll.

On Monday, 25 September the University reached agreement with UMUCU and all colleagues that participated in the MAB will have pay withheld at 25% of normal salary for the period of participation. 

When does participation in the marking and assessment boycott begin?

If you participate in the marking and assessment boycott this will be from the point, on or after 20 April 2023, that you are required to undertake any marking or assessment activities but choose not to do so.

To select an accurate start date, we consider the start date to be the earliest date on which any marking or assessment can commence but you choose not to do so. The relevant date of participation being when the activity was due to commence. Examples by way of guidance are set out below:

• For examinations this will be the date on which examination scripts are available to mark (it is not the date that the marks have to be submitted).
• For continuation reports and theses, this will be the date on which the report or thesis is available to examiners (it is before the date of the examination).
• For submitted coursework, this will be the deadline date for submissions (it is not the date when all work has been submitted, e.g. if some students have extensions or special circumstances).

If your action covers more than one of the above activities, then it would be the date when the first and earliest activity commenced.

Section Five: Ending your participation in the Marking and Assessment Boycott

When does participation in the marking and assessment boycott end? Updated answer 7 September 2023

On 6 September 2023 UCU confirmed that the MAB was withdrawn with immediate effect. 

If you are currently participating in MAB and have not declared an end to MAB up to 6September, your participation will automatically cease on 6 September 2023 and pay will be restored to full pay from 7 September 2023.

Colleagues will be required to resume normal working and carry out full duties relating to marking and assessment, including prioritising such duties as requested (over non-teaching duties).  All outstanding marking and assessment duties should be completed within a maximum of 2 weeks  (not including any formal period of pre-approved leave - annual leave, parental leave etc.)   If you have any questions regarding this, then please speak to your Line Manager.

As the marking and assessment boycott notified by UCU was continuous up until 6 September 2023 (as UCU agreed to withdraw from 6 September rather than continue until the mandate expired), we will consider the end date to be either:

• The date that you resume normal working and carry out your full duties related to marking and assessment; or
• The final date on which the marks you would have returned (but for your participation in the boycott) are considered by Assessment and Progression (including PGR) processes (subject to Q 14 below) (If you do not know the specific date when the Assessment and Progression processes cease then please confirm with your Head of School to enable you to select the accurate end date); or
• When UCU call off the action (6 September 2023)

How do I inform the University that I have ceased participation in the marking and assessment boycott? Updated answer 7 September 2023

If you wish to confirm your end date, you should do so by completing Participation in Marking & Assessment Boycott Form  or by emailing your Line Manager and cc’ing your faculty MAB e-mail address – mab-hums@manchester.ac.uk or mab-fbmh@manchester.ac.uk or mab-fse@manchester.ac.uk.

Please note that you must confirm the end of your MAB participation on the first day of which you end your boycott or in advance if you wish.

To avoid a delay in reinstating your full pay in a timely manner, your end date should not be submitted retrospectively (For example, if you chose to end your boycott on 1st August 2023, please confirm this on or before 1 August 2023 even if it takes until 5 August to complete the work and to submit all outstanding marks).

If you have not declared an end date prior to the MAB being withdrawn on 6 September, then your end date will automatically be 6 September 2023 (inclusive) and you do not need to inform us of this end date.

When I confirm that I have ceased participation in a marking and assessment boycott, what is expected in relation to my outstanding marking and assessment duties? Updated answer 26 September

Students have a reasonable expectation that they will receive a mark and/or feedback for exams and/or each piece of assessed work. Accordingly marks and/or feedback may still be required (including after the dates of the assessment and progression processes) and you will be required to ensure that you complete all marking and assessment duties.

Colleagues who participated in MAB should complete outstanding marking and assessment as soon as practical, and where reasonably possible by Friday, 13 October 2023. 

When I confirm that I have ceased participation in a marking and assessment boycott, when will my pay be reinstated to 100%? Answer updated 7 September 2023

As stated within the communication to all those participating in the marking and assessment boycott on 26 July 2023, once you have declared that you have ceased to participate in the marking and assessment boycott, the reinstatement to full pay will be confirmed when all outstanding marking and assessment work has been completed, including the submission of outstanding marks.
Provided that all outstanding marking and assessment duties have been completed within a maximum of 2 weeks (not including any formal period of pre-approved leave - annual leave, parental leave etc.) of the end date that you provide, full pay will be reinstated and backdated, effective from the specified end date.

Please note that if your end date is confirmed after the payroll cut off for that month then any excess withheld amount will be refunded in the following month’s pay.

As MAB has been withdrawn as of 6 September, then colleagues who have not declared an end date to MAB will have pay reinstated to full pay from 7 September. 

NEW QUESTIONS – 7 September 2023

If I have not declared end date, and now that MAB has been withdrawn, when will my pay be reinstated to full pay?

Your pay will be reinstated from 7 September 2023.  If you have been on a staggered pay withholding arrangement then the relevant “arrear” payments will be processed in October 2023 payroll. If you have over 1-month arrears to be withheld once your participation ends, then this will be recovered over a 2/3 month period dependent on the amount due. 

What do I do if I have not yet reported by participation in MAB? Answer Updated 26 September 2023

You are required to report your participation at the latest by Monday, 9 October 2023.   You can report your participation via email to your Line Manager , cc’ing in the relevant faculty MAB e-mail address (mab-hums@manchester.ac.uk/mab-fbmh@mancehster.ac.uk/mab-fse@mancester.ac.uk). You are required to provide the start date of your participation and any relevant authorised paid leave during the period of participation.

We also understand that colleagues may report directly with UMUCU via ucu@manchester.ac.uk with the subject line "MAB reporting”. UMUCU will then be required to forward the report to the relevant faculty inbox by Monday, 9 October. 

If you are reporting participation in the strike action by Monday, 9 October you are required to confirm if you have during your period of participation, taken any authorised leave (authorised annual leave or any other approved leave such as sickness absence, paternity, maternity, adoption leave etc) and specifically confirm the dates of leave taken.  During periods of authorised leave, pay would be unaffected from 25% withholding arrangement.

If I reported participation by Friday, 15 September or Monday, 9 October, when will the withholding of pay arrangements commence? Updated Answer 26 September  

The withholding of pay will commence in October 2023 payroll, and you will be advised once you report your participation when pay withholding arrangements will cease based upon the duration of your participation in the MAB. 

What happens to the pay that is withheld?

We are discussing with our Students’ Union how any strike pay that is withheld can be used to benefit our students.

Section Six: Payroll information Updated 26 September

If I have been participating in MAB, how will the withholding of my pay be calculated? Updated Answer 26 September

As participation in MAB is continuous action short of strike your pay will be withheld from your start date of participation in the MAB until you cease participation in MAB.

As per the agreement on 25  September 2023 deductions are calculated at a rate of 1/365th of basic annual salary at 25% (excluding bank holidays and authorised annual leave or any other approved leave such as sickness absence, paternity, maternity, adoption leave etc).

What periods do the deductions cover? Answer updated 26 September

The withholding of pay will be processed in line with the pay roll cut off dates:

• May Payroll: Withholding of pay for any dates of participation between 20th April – 10th May
• June Payroll: Withholding of pay for any dates of participation between 11th May – 10th June
• July Payroll: Withholding of pay for any dates of participation between 11th June – 10th July
• August Payroll: Withholding of pay for any dates of participation between 11th July – 10th August
• September: Withholding of pay for any dates of participation between 11th August – 6  September
• October: Recalculation of MAB participation based on withholding at 25%.  For any new reports pay withholding for the appropriate period of MAB @ 25% will commence in October 2033.

Colleagues have been advised via direct individual email communications if a staggered approach to the withholding of pay has been implemented in their case. A staggered approach will have been implemented to avoid a significant withholding of pay being made in one month’s pay if participation in MAB was identified after the relevant payroll cut off or if all the information required to accurately withhold pay was provided after the relevant payroll cut off.

The following is an example of how a staggered approach to pay would take effect:

A colleague commenced participation in MAB on 17th May 2023, but had not informed the University of this participation until 1st July 2023. They confirmed that they ceased participation in MAB and verified that all marking was completed on 8th August 2023.

The following staggered pay withholding arrangements will occur:

• July Payroll: Pay will be withheld at the applicable rate between 11th June – 10th July 2023
• August Payroll: Pay will be withheld at the applicable rate between 11th July – 8th August
• September Payroll: Pay will be withheld at the applicable rate between the period of 17th May – 10th June to finalise the outstanding amount to be withheld.

If a colleague has over 1-month arrears to pay back once their participation ends, then we will ensure that this is recovered over a 2/3-month period dependent on the amount due. 

For colleagues that reported by Friday 15 September or Monday 9 October, the withholding of pay will commence from October 2023.

How will I know what rate of pay has been withheld? Answer updated 26  September

As per Section 4, all colleagues who were subject to 100% withholding of pay will have pay restored to 50% in September payroll.    

All colleagues who report participation by Friday, 15 September/Monday, 9 October will be subject to a 25%% withholding of pay.

All colleagues who were subject to 50% withholding of pay will have their period of participation recalculated to 25% and corrections will be made from October payroll.

In line with our position to date, we reserve the right to review and increase the level of withholding at a later date, in respect of future participation in the MAB.

How will the withholding of pay be detailed on my payslip?

Colleagues will have a separate line detailed on the payslip which will state “Strike”. The total amount withheld for the relevant pay month will be detailed on this line. The payslip will also show the number of days that are being withheld in the relevant pay month and the daily amount that is withheld. The total deduction will be detailed in the end column (Value).
For example, if someone participated in MAB (and reported before 9^th June, therefore pay is withheld at 50%) between 11^th June – 10^th July this will equate to 30 days to be withheld. If their annual salary is £36,000 their payslip in July would detail the following

 I want a more detailed breakdown of the specific withholding of pay – can payroll provide this?

All the information as to how pay withholding is calculated is detailed in the FAQ’s and guidance published to date. For any individual questions that have not been answered within the FAQ information then you should contact your People & OD Partner or email the relevant MAB inbox (mab-hums@manchester.ac.uk /mab-fse@manchester.ac.uk/mab-fbmh@manchester.ac.uk) with the specific question.

However, to assist colleagues we have created some worked examples.

Where pay is withheld at 25%, on what basis is the University making payment for the remaining 75% and will PAYE deductions will be made? Updated Answer 26 September

Where the University is withholding 25% of pay, the remaining 75% of pay which you will receive is paid by the University without prejudice to its legal rights to withhold pay in full for your breach of contract arising from taking part in the MAB and without prejudice to the University’s rejection of partial performance.

This payment is made on an ex-gratia basis, meaning that it is made by the University in circumstances where the University has no legal obligation to pay it. It is not a payment in return for work carried out. The payment will be made subject to normal PAYE deductions.

If I am currently participating in MAB, will the August 2023 pay increase be taken into account for any pay that is withheld?

If you are currently participating in the MAB, then any pay will be withheld at your current rate of pay up to 31st July 2023. Any pay that is to be withheld from 1st August 2023 will be withheld at the relevant increased rate of pay from that date.

To confirm for August payroll the pay withheld will relate to pay between 11th July – 10th August, therefore:

Pay will be withheld from 11th July – 31st July at the current rate of pay.

Pay will be withheld from 1st August – 10th August at the increased rate of pay.

Section Seven: Participating in other forms of ASOS other than the Marking and Assessment Boycott

Do I need to report any other form of ASOS?

Yes, if you do not intend to participate in the marking and assessment boycott but you do intend to participate in any other form of ASOS, please continue to use the Participation in Action Short of Strike (ASOS) form and confirm if your participation has resulted in you being unable to properly discharge your contractual duties or not.

Will my pay be reduced if I take part in any other form of ASOS?

If you are not participating in the Marking and Assessment Boycott, but you are still engaging in other forms of ASOS, it is important to understand that the University does not accept the partial performance of contract of any employee.

However, the University will not withhold salary for those who participate in any other form of ASOS where it does not impact on your ability to properly discharge your contractual duties. However, if your participation in any other form of ASOS were to impact upon your ability to properly discharge your contractual duties, then the University reserves the right to withhold pay up to 100% of 1/365th of annual salary for each day of industrial action you have participated in.

I have not taken part in ASOS. Do I need to do anything?

Employees who have not taken part in any action do not need to complete the online reporting form/s but should inform their line manager when asked, that they have not taken part in any action. Any employee who fails to report taking part in strike action or ASOS which affects the “proper discharge of their duties”, but who is later found to have taken part in such action, will have pay withheld.

Section Eight: Support and Wellbeing

Where can I go for support if the action affects my wellbeing?

It may be helpful for you to discuss your concerns with your manager in the first instance.

The University has a network of trained counsellors and provides support for employees through the employee assistance programme provided by Health Hero. Call 0800 358 5997 or +44 141 271 7555 (landline alternative for international and/or mobile use) to speak to an advisor.

Lines are open 24 hours a day, seven days a week, 365 days a year – you’ll always be able to speak to someone who can help. Calls are confidential and what you say will never be shared with anyone at the University.