England FE national pay campaign 2024/25 FAQ

This FAQ has been developed from the questions asked by branch reps at recent FE branch briefings on 29 February 2024 and 5 March 2024 which were set up so branches could consider the new further education committee (FEC) strategy of 'Levelling up the Sector'. The first briefing took place before the requisitioning of the special FE sector conference (FESC), which will take place on Saturday 13 April 2024; please click here to read branch circular UCU2118.

Please note the important dates and actions in this circular.  

These FAQs will be added to as the campaign develops following the special FESC in April. If you have any questions or comments email Paul Bridge, UCU head of further education.

Update, 18 April 2024: over 100 delegates representing more than 80 FE branches in England met on Saturday 13 April 2024 at the special FE sector conference (FESC) to decide the union's pay strategy and whether a national aggregate ballot would be called in 2024/25. Click here to read the report on that FESC.

Why hasn't a special FESC been called to decide on an aggregate ballot as per resolution 5 at the special FESC in April 2023?

The further education committee (FEC) met on 2 February 2024 and passed a motion that committed the union to a new strategy called 'Levelling up the Sector: no one left behind'. The FEC did not call a special FESC. Regarding Motion 5 from the special online FESC in April 2023, the proposers of the new FEC strategy referred to Motion 5 (ii) and highlighted the one-year reference in the wording. In addition, the proposers of the FEC strategy referred to Motion 2 resolves 2, from the in-person FESC at UCU Congress in May 2023, which called for the organising of an aggregate ballot starting in January 2024.

The decisions of the special FESC in April 2023 can be found at Appendix 1 below.

The decisions of FESC at Congress in May 2023 can be found at Appendix 2 below.

Special FESC resolutions 3 and 4 in April 2023 called for members and branches to be consulted before we move to an aggregate ballot. Why is that not happening?

The FEC met on 2 February 2024 and passed a motion that committed the union to a new FEC strategy called 'Levelling up the Sector: no one left behind'. Motions 3 and 4 were not referenced by the proposers of the new strategy. The proposers of the new FEC strategy referred to Motion 5 (ii) and highlighted the one-year highlighted in the wording. In addition, the proposers of the FEC strategy referred to Motion 2 resolves 2, from the FESC at Congress 2023 in May, which called for the organising of an aggregate ballot starting in January 2024.

See Appendix 1 and Appendix 2.

Does the FEC decision to move to an aggregate ballot this teaching year mean my branch can't submit a claim and negotiate?

UCU has received 20 requisitions from FE branches calling for a special FESC; see here and here.

The business of the special conference is to debate FEC's 'Levelling up the Sector' strategy and decide next steps, including whether to move to an aggregate ballot. This means the FEC strategy is now paused. However, your branch may want to submit a motion on this matter to the special FESC or wait to see the outcome of the conference before deciding on a local claim.

What happens when our employer makes us an offer? Is it my members or the FEC who makes the decision on accepting or rejecting?

The FEC strategy is currently paused. That strategy would mean that the national structures such as the FEC would have a greater role in evaluating any offer made by your employer in the context of a national dispute. However, the scope of the role and remit of the FEC in evaluating and ratifying offers has not been fully determined. If the special FESC endorses the FEC strategy, then it follows that the decisions of FEC will take precedence over local considerations. Your branch my wish to submit a motion on this matter to the special FESC in April.

I don't think we can run more than one ballot so if it's a national aggregate ballot and we lose what happens to our pay claim?

The FEC strategy is now paused and a special FESC will take place on Saturday 13 April. Your branch may wish to submit a motion to the special FESC on this matter. If the special FESC endorses the FEC strategy, then the national aggregate ballot will be the priority for the union. This will have a direct bearing on any local claims and negotiations.

How does my branch get an exclusion from this year's national dispute as we have local circumstances, for example: live local negotiations; reps have left and not able to GTVO; precarious college finances; members need a break from balloting?

The FEC strategy is paused to allow for the special FESC on Saturday 13 April. Your branch may wish to submit a motion to the special FESC on this matter. However, FEC met on 8 March and passed a motion that means that should the special FESC endorse the 'Levelling up the Sector' strategy, a special meeting of FEC will be called to determine the criteria for branch exclusion and whether any branch that seeks an exclusion will or will not be excluded.

We don't have binding national bargaining in FE, what will an aggregated ballot achieve? How will it end?

There are several strands to this response as it is a complex matter. FE corporations (colleges and college groups) are independent legal entities set up by legislation and covered by regulation. Colleges, through their governing boards make and take their own decisions on matters such as pay and other staff terms and conditions. These are then often negotiated with local UCU branches.

Unlike schools or sixth forms in England, there is no equivalent national agreement or national negotiating machinery for FE. The FE national agreement with the Association of Colleges (AoC) covers most colleges in England but not all of them. The FE national agreement has no enforcement mechanism on any outcomes; this is different from schools and sixth forms where the outcomes are implemented by all employers and fully funded by the DfE (UK government). We would need to negotiate a new national agreement in FE that has binding outcomes to the FE national talks. To do that we would need the agreement of many colleges that are not currently bound by the decisions made via national talks that take place under the existing national agreement.

We would also need a commitment from the UK government to fund the implementation of the outcomes of any new national agreement.

UCU cannot have a dispute with the AoC, the DfE or the UK government. We would need to set up a dispute with each college employer individually and construct an aggregate ballot based on that dispute. This has legal difficulties as it is not the same as the situation in schools or sixth forms, where there already exists a national agreement that has de facto binding outcomes and a national bargaining framework that enables an aggregate ballot to be constructed because all the employers covered by it implement its outcomes.

FE funding has various sources, has numerous agencies involved in its distribution and is variable. By way of contrast, school and sixth form funding streams are far less complex. The funding received by a college relates to the mix of its provision and students and is unevenly distributed for example, 16-19, adult and community, HE, BTEC and T-Levels and high tariff subjects, all attract different levels of funding. Colleges have different mixes of provision and receive different levels of funding as a result.

Assuming it was legally possible to construct a nationally aggregated ballot in FE, and UCU was successful in that ballot, and employers agreed to negotiate a new national agreement with binding outcomes, and that the outcome would be fully funded so all employers paid it, then a decision would be needed by a FESC, or the FEC, or by members directly, on ending the dispute.

Who will UCU be in dispute with if we can't have a dispute with the AoC, DfE or the Westminster government? How can my college or a handful of colleges agree to fundamental change and bind the sector without the UK government being involved?

UCU cannot have a dispute with the AoC, the DfE or UK government. UCU has talks with the AoC, but the outcomes are not binding. The union does not have any established negotiating relationship with the DfE or UK government; the FE national agreement is between the colleges and trade unions, not DfE and UK government. The outcome of the talks with the AoC are recommendations to FE employers, not binding agreements. Any dispute would need to be constructed with each college. However, colleges are independent entities and the AoC cannot bind them.

The following matters are directly relevant to the setting up and then prosecuting a dispute and an aggregate national ballot. The nature of the dispute determines the type of ballot we organise; for example, is it a single demand or are there multiple demands in the dispute? Are all colleges involved or not? Who can resolve the dispute once it's lodged? It is impossible for an individual college to agree to UCU demands and then bind all other colleges we are in dispute with. The current national agreement is explicit in that this cannot happen. The question of how many colleges will be needed to reach agreement on each of the demands so that the dispute is resolved to UCU's satisfaction, is hard to answer. There are around 200 colleges in England. Not all colleges are members of the AoC. This raises questions about where and with whom the negotiations take place--AoC level or college level or both. In the absence of a new national agreement with binding outcomes, individual colleges are not bound by the outcomes of any negotiations unless they agree to be bound by them. Not all colleges may agree to this. Local negotiations would need to be supported and are unlikely to follow a linear path. The AoC is a membership organisation driven by its individual college members. The AoC does not have the authority to act without the approval of its membership. Colleges are not contractually bound to the AoC. There is currently no national agreement that binds colleges in FE to implement the outcome of negotiations with UCU. This is different from the situation in schools or sixth form, or higher education, where the existing national agreement enables an aggregate ballot to be constructed and agreement to be negotiated at a single national table. Securing a new national agreement with employers in FE will need both an industrial and political strategy: how long this will take is untested.

FE colleges are legally independent bodies. How will an aggregate ballot change this?

Please see the answer above about the legal status of colleges, the limited scope of the national agreement and the construction of an aggregate ballot.

What's the difference between an aggregate national ballot and disaggregate ballot?

A disaggregated ballot is one in which members vote for strike action at their employer only; 50% of members at that employer need to vote 'Yes' for action. An aggregated ballot is one in which the votes of all FE members across all the FE employers are included in the ballot, are counted together to produce a single result (rather than separate results for each employer); strike action is possible if 50% of members nationally vote yes.

A successful ballot last six months after which, if there is no agreement, a re-ballot would be needed to take further action.

Will UCU be in dispute before the AoC has made a recommendation on pay?

That is possible. This will depend on the timetable decided by the special FESC on Saturday 13 April. The first national pay talks at the National Joint Forum (NJF) are on 20 May, and the second is planned for 10 June. The joint trade union claim, once agreed, will be submitted to the AoC as soon as possible.

What are the legal risks with a national aggregate ballot in FE?

Please see previous answers; this will depend upon the basis of the dispute and the legal advice UCU receives regarding the prospects for an aggregate ballot of all employers based on the grounds of the dispute. The short answer is there are risks with all ballots and they are more pronounced with an aggregate ballot in FE.

Why does the FEC think the campaign and its short timetable will have the attention of an incoming Labour government in Westminster when it has so many other things to deal with?

The FEC strategy of 'Levelling up the Sector' is currently paused, please see earlier answers regarding the calling of a special FESC on Saturday 13 April. Your branch may wish to submit a motion on this.

My branch is supportive of binding national bargaining for the sector. However, it is going to take time to negotiate a new sector level agreement plus secure the necessary funding, so that the outcomes are binding on pay. Why are we moving to ballot and action so quickly, why not wait to see how the negotiations go first?

Please refer to earlier answers regarding the scope of the current national agreement and the limitations of national bargaining in FE, and the special FESC on Saturday 13 April. Your branch may wish to submit a motion on this.

My members want to prioritise workload and pay, why does FEC think a dispute on national bargaining will get support needed to win an aggregate ballot?

This question and others were posed in the recent FE reps survey reported to the FEC and the results of which can be found here.

Some analysis based on the headlines indicate that regarding the prioritisation of the three-core industrial and campaign demands, reps prioritised: 1. Workload; 2. Pay; and 3. National Bargaining.

Regarding how close respondents thought the union is to winning on the core demands, it is an even split, with only a minority of reps saying we are near securing the demands. There is very strong support for branch autonomy and the capacity to make local deals. Regarding confidence levels of winning an aggregate ballot on national bargaining, the survey results were split with no clear majority either way.

My employer is indicating college finances are not great this year and pay is going to be a challenge. We have a large proportion of adult education provision, and this did not receive additional funding. Can my branch be excluded from the national ballot and submit a claim now?

Please see the earlier answer regarding potential exclusions from a national aggregate ballot. The FEC strategy is paused to allow for the special FESC on Saturday 13 April. Your branch may wish to submit a motion to the special FESC on this matter. However, FEC met on 8 March and passed a motion that means should the special FESC endorse the 'Levelling up the Sector' strategy, a special meeting of FEC will be called to determine if branches are excluded.

Will the other unions go into dispute and ballot nationally alongside UCU?

It is too early to say. The other unions typically consult their members on the recommendation made by the AoC. The final pay meeting will be on 10 June. The special FESC in April will determine the timetable for UCU.

Appendix 1: special FE sector conference April 2023

Motion 2 - Local bargaining as part of an FE England co-ordinated campaign - The Manchester College

FESC notes:

1. FE pay has fallen by 30%+ since 2009 and the £9k pay gap with school and 6th form teachers widens

2. we don't currently have meaningful England-wide bargaining in FE

3. the significant #RespectFE deals won in England and the NW

4. the importance of building on our achievements

5. a successful aggregated ballot would build upon the coordinated action taken over the last five years.

6. the hostile environment for trade unions created by the Tory government, particularly since the anti-Trade Union Act.

FESC resolves:

a. to continue to focus on recruitment and organisation within FE, in particular moribund branches and branches with sub-100 members

b. to increase the number of branches active in #RespectFE campaign

c. to use industrial leverage to secure meaningful FE England bargaining on pay and workload

d. to build an FE England aggregated ballot, and move to ballot only when a consultation which reaches a significant turnout

e. to organise lunchtime briefings to support all branches to start to organise their members for next steps in the campaign to secure the national aggregate ballot

f. for branches to pair up within their regions up to support their campaigning activities.

CARRIED AS AMENDED BY 2A.1 & 2A.2

Motion 3 - No automatic move to aggregated ballot without strong membership support - Oldham College

FESC congratulates all branches fighting back in FE and winning for members.

33 branches smashed the Tory anti trade unions laws last year as part of the Respect FE campaign along with branches in the North West in the regionally coordinated campaign.

FESC notes:

1. the progress made in recent years - branches are stronger, better organised, growing in membership and winning disputes.

FESC believes:

a. an FE England aggregate ballot has a strong appeal and should be considered as part of our strategy

b. previous England-wide aggregate ballots in FE did not secure wins for members

c. moving to an FE England aggregate ballot too soon could take the union and branches backwards.

FESC resolves:

i. there should be no automatic move to an FE England aggregate ballot following the members' consultation

ii. that UCU should not proceed with any FE England aggregate ballot where the turnout in the member consultative e-ballot is below 60%.

CARRIED

Motion 4 - Building to win FE England bargaining - Colchester Institute

Conference notes:

1. the success of the Respect FE strategy in gaining specific wins for branches

2. the re-classification of FE to be part of the public sector

3. the lack of a framework for binding England-wide pay bargaining in FE.

Conference believes:

a. industrial action delivers gains for members

b. industrial action is most effective when it is co-ordinated collectively across branches

c. FE England aggregated strike action will only be effective when the FE sector has a system of binding England-wide pay bargaining.

Conference resolves:

i. there should be a priority of time and resource to campaign for a system of binding FE England pay bargaining

ii. there should be a consultation with branches and members before decisions are made to move away from the current Respect FE strategy to an aggregated ballot

iii. any negotiations with the AoC must include all the elected officers to negotiate nationally

iv. any offer must be discussed at FEC before the officers recommend to members.

CARRIED AS AMENDED BY 4A.1

Motion 5 - Building to win FE pay bargaining - Eastern and home counties regional committee

Conference notes:

1. the success of branches that have won gains for their members using the Respect FE strategy

2. real and binding England-wide pay bargaining in FE does not exist

3. the re-classification of FE to be now part of the public sector.

Conference believes:

a. strike action (or the threat of) delivers gains for members

b. strike action is most effective when it is co-ordinated collectively across branches

c. FE England aggregated strike action will not be effective until FE has a system of binding England-wide pay bargaining.

Conference resolves:

i. in light of the re-classification of FE to be now part of the public sector campaign for real and binding England-wide pay bargaining in FE

ii. there should be no aggregated ballot until the above campaign has been given sufficient time and resources to achieve its aim, at minimum at least 1 year and this decision has been put to a sector conference.

CARRIED

Motion 6 - Building to win - Burnley College

Conference notes:

1. the strategic aim of UCU to return to meaningful FE England pay bargaining

2. the success in securing significant deals as part of the Respect FE campaign

3. the primacy of the branch as the principal organising unit within UCU

4. The sovereign democratic body in UCU is congress and sector conferences.

Conference resolves:

a. to launch a recruitment and capacity building drive within FE

b. to increase the number of branches actively participating in the Respect FE campaign

c. to maximise, consolidate and publicise the number of branches securing victories

d. to centre FE within UCU messaging, political and public engagement

e. to have a sober examination of the objective conditions surrounding the possibility of an FE England aggregated ballot

f. to ensure that all branches abide by democratically arrived at decisions made by FE sector conferences

g. to mirror and improve upon best organising and industrial relations practice within the union movement.

CARRIED AS AMENDED BY 6A.1

Motion 7 - FE England campaigns / local flexibility - Thames College

FESC notes:

1. that most branches engaged in local pay negotiations this year improved pay and working conditions for members - with many achieving significant victories.

FESC believes:

a. that FE branches are best placed to decide on local tactics and strategy

b. that local democratic control by members ensures that FE England pay campaigns are strongly supported by members, leading to real victories. That ongoing local negotiations, disputes, and campaigns should not be jeopardized by any FE England ballot.

FESC resolves that all FE branches:

i.  that for all FE branches there shall be a mechanism determined by FE officers for exclusion from any FE England statutory ballot in any FE England pay campaign/dispute - where there may be a detrimental impact on local negotiations, disputes or campaigns

ii. are authorised to decide the timing of strike action with their employers in any FE England pay campaign/dispute

iii. shall retain the right to negotiate and settle agreements on pay and conditions with their employers under the national Respect FE framework. If binding FE England pay bargaining is in place, the appropriate ratification process shall be followed.

CARRIED AS AMENDED BY 7A.1 & 7A.2

You can find all the motions and the decisions here: UCU - Special further education sector conference (FESC) decisions

Appendix 2: FE sector conference at Congress May 2023

FE2 Composite - City and Islington College Camden Road, New City College (THC Poplar), South and City College Birmingham

Notes:

1. the 2016 TU legislation

2. the historic FE ballot result of 87% for action and 51% turn out

3. the c150 branches to be balloted from September

4. despite the lack of ThruText the campaign result was excellent

5. congratulations to all union staff, the branch reps, the activists to achieve 51% TO and 87% YES.

6. the Eballot success

7. despite the lack of ThruText the campaign result was excellent

8. congratulations to all union staff, the branch reps, the activists to achieve 51% TO and 87% YES.

Believes:

1. it is the duty of TUs to oppose this bill and call for its repeal.

2. it is not the job of TUs to increase this threshold to make it even more difficult to take legal strike action.

3. the results reflect an appetite of members to fight on an England-wide basis - for pay, workload and a binding national bargaining agreement

4. there is a significant appetite amongst members to take national action

5. due to the intransigence of the employers and government we will need to take nationally coordinated and sustained strike action to win

6. we need to start to prepare now to follow up the Autumn campaign and lay the groundwork to successfully move to an aggregated ballot in the new year.

Resolves:

1. to call an England-wide demonstration on one of the initial days of strike action to lobby the DfE

2. if government/AoC have not conceded to our demands, to prepare for an aggregated ballot starting in January 2024

3. in any future consultation the FEC will decide what would be a reasonable threshold for branches to reach to move to ballot.

4. to set up an England-wide strike committee throughout the duration of the dispute for all those branches involved to discuss strategy and tactics.

5. in light of the wave of strikes across sectors for the FEC to analyse the best ways to make most impact for the next set of continuous or sustained strike action

CARRIED AS AMENDED

You can find all the motions and decisions here: UCU - UCU Congress 2023