19 February 2007

Dear Professor Upton

We are writing on behalf of the UCU and UNISON members who work in ICELS who have asked a number of questions about the INTO proposal and we should be grateful for your answers. As you know, there was a meeting on 8 February with Andrew Colin. Since this meeting was the first opportunity ICELS colleagues had to make their concerns known, several questions ideally intended for SMT were raised.

Answers to these questions were at times contradictory, or imprecise. In particular, questions that were raised in relation to terms and conditions: for example, loss of self-regulated time, loss of annual salary increments and loss of access to the University pension schemes.

We should be grateful for your answers to the following questions in order that they can be circulated amongst members and in the interest of full and proper consultation.

1. Which is the University’s preferred arrangement with INTO regarding the employment of staff? At various stages in the meeting with Andrew Colin, it was stated that possible arrangements might be secondment, joint employment or a TUPE transfer. There may be others that have been considered and members would be grateful if you could tell us what the University’s preferred arrangement might be if the INTO proposal is accepted.

2. If the INTO proposal is accepted and there was a transfer of staff to INTO, what protection would employees have, that TUPE conditions would pertain beyond the first year of transfer? (The Transfer of Undertakings and Protection of Employment) Our understanding of the legal position, is that changes can be made if a good business case is put forward for doing so.

3. Does the University anticipate any redundancies if the INTO proposal is accepted and if so how many?

4. What plans does the University have to arrange formal consultation with UCU and UNISON over this or any other proposals regarding members’ terms and conditions in ICELS?

5. We have been told by Andrew Colin that INTO does not recognise any trade union. Does this change the University’s view of the INTO proposal and will the University make it a condition of working with INTO that INTO gives full recognition rights?

6. Are you aware of the terms and conditions used by INTO for its staff and are you prepared to make them available to us?

7. If the INTO proposal is accepted would ICEL staff continued to be paid and graded in line with other University employees, ie. Would they remain on the single pay spine where terms and conditions are determined by the National Contract?

8. Would academic staff’s current job descriptions be maintained if they were seconded or transferred to INTO?

9. Have you or will you be talking to INTO about health and safety of staff to be managed and will there be access to Occupational Health advisors and councillors and other forms of pastoral care for staff and students if the INTO proposal is accepted?

10. What proposals has the University put to INTO regarding the pension arrangements for any transferred staff?

11. We understand that 7 weeks have been allocated for the negotiations with INTO and we are in week 3. Could you provide us with a copy of the timetable and the relevant paperwork?

12. Has the University complied with its statutory duty to perform and publish impact assessments in respect of race and disability and as of April 2007 for gender also?

13. If the INTO proposal is accepted how does the University plan to ensure that the academic freedom of staff is protected?

14. Would INTO staff be employed on permanent or fixed term contracts and what would be the proportions of each?

15. If the INTO proposal is accepted what will be the student staff ratio for all courses?

16. What is the retirement age of INTO staff, and in what ways does INTO practice take account of the Age Discrimination Act, allowing opportunities for work after the statutory retirement age?

18. What discussions have you had or will you have with INTO regarding the proposal to restructure members’ jobs or create new job descriptions and when will this information be available?

19. When does the University plan to undertake a due diligence exercise and when will the results be published?

20. We learnt at the meeting on the 8 February from the INTO representative at UEA that as a result of the takeover by INTO, the pay of the hourly paid was reduced by £3.27 per hour. What is the University’s view on this?

Yours sincerely

Oxford Brookes’ UCU and UNISON Executive Representatives

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