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During the recent industrial action, as a member of my trade union, I refused to set and mark exams. This led to a bitter argument with my head of department and the atmosphere has been frosty since. A senior lecturer post has become available in my department and I am keen to apply. My colleagues joke that I will never get it now that I have blotted my copybook. If I do go for it and fail, I will never be able to prove that it was because of the previous disagreement, an argument that I fear may turn into a long-running dispute with my head of department.
* Our panellist from the University and College Union says: "The non-setting and marking of exams was part of the action short of a strike that the Association of University Teachers undertook as part of the recent national dispute on pay. You were therefore acting in accordance with the instructions of your union in not setting papers and this should have been respected by your manager.
Restoration of good industrial relations was part of the back-to-work agreement signed by the unions and the employers nationally on settlement of the dispute, and non-discrimination of members who took part in the action is an implied condition of that agreement.
"In any case, the UCU would take a very strong line against an employer who was discriminating against a member of staff for having taken part in any union-endorsed action.
"As a first step, we would advise you to talk to your local UCU about what has been happening and ask them to keep a record of the conversation and log all the instances, however trivial they may seem, where you believe your manager has treated you in a particular way because of your involvement in the industrial action. Also log any comments from your colleagues - they obviously also think you may be treated in a detrimental way because of your adherence to the national action.
"Likewise, we would suggest that you or, if you prefer, your local UCU representative write to the manager, pointing out that the action you undertook was part of the national lawful industrial action and that any attempts to discriminate against any member of staff who took part in the action will be seen as a breach of the back-to-work agreement and will be treated with the utmost seriousness by the UCU and, if necessary, it will be referred to the Universities and Colleges Employers' Association.
Alternatively. this could be sent to all managers (perhaps jointly with the human resources department) as a general reminder about the need to restore good industrial relations in the workplace.
"Hopefully, when you apply for the job, your manager will be fully aware of the implications of not offering you the post because of your adherence to the industrial action. If you do not get offered the post, ask for feedback and if you are not satisfied with the reason for non-appointment contact the union for further advice.
"Although it may be difficult to prove the reason for non-appointment, keeping records of comments as suggested will help you if you need to pursue the matter."
* Our panellist from the Universities and Colleges Employers' Association says: "I am sure you appreciate that the industrial action during the dispute causedJdeep distress to students and disrupted the work of the university. Naturally, your head of department was upset by this and it will require time and goodwill from both of you to help rebuild normal relations. It is, therefore, very unhelpful to this process to assume that university management will treat union members unfairly.
"All applications for promotion will be considered on merit.
Providing there is evidence, any concerns will be considered by a senior manager other than your HOD under the grievance procedure.
"You must both work at achieving mutual respect for each other's professional integrity."
This advice panel includes the University and College Union, the Universities and Colleges Employers' Association, Research Councils UK, the Equality Challenge Unit and Rachel Flecker, an academic who sits on Bristol University's contract research working party.
- Send questions to advicepanel@thes.co.uk