Marking and assessment boycott 2023

If your employer has deducted between 50% and 100% of daily pay for partial performance you can claim from the fighting fund here

MAB deductions

The Marking and assessment boycott (MAB) is a form of action short of a strike (ASOS) which was covered by a lawful industrial action and was undertaken by members in 2023.

Anti-union laws in the UK make collective or preemptive action against the marking and assessment boycott deductions impossible. 

However, now that we have seen unfair and disproportionate deductions taking place, we can hit back. We are asking all members who have suffered an unreasonable deduction from their salary as a result of taking part in the marking and assessment boycott to complete a questionnaire.

Please log in for further information.

Update on unreasonable salary deductions following engaging in 2023 MAB

Update, 18 April 2024: as members will be aware, following participation in MAB in 2023, many members suffered unreasonable and disproportionate deductions from their salary. We wanted to assist as many members as possible in taking claims to recover unreasonable deductions and this work is ongoing. Those members who have provided information for assessment will have heard from us, or will do so soon.

It is still possible to have your own circumstances examined in terms of the potential for a successful claim. The information and link to the questionnaire is here (Please log in for further information.). You will need your membership details to login and access the form.

The questionnaire has been produced in conjunction with a barrister who has been consulted, and remains instructed by UCU, on the issues around the deductions. The questionnaire is to assist members in guiding them to provide us with the necessary information and evidence to assess their potential breach of contract claim. We are keen to receive completed questionnaires from any member who believes the deductions they suffered were unreasonable.

Many of you will have see the news that the Supreme Court has now issued its judgement on the long running case of Secretary of State for Business and Trade
v Mercer. For anyone who is interested in reading the judgment it can be found here.

Whilst the case itself revolved around strike action and protections from detriment by an employer as a result of taking strike action, the fact that the Supreme Court has issued a declaration that s146 of the Trade Union and Labour Relations (Consolidation) Act 1992 ('TULRCA') is incompatible with Art 11 of the European Convention on Human Rights is important and we have asked Counsel to look carefully at whether this judgement assists in areas that concern action short of a strike (ASOS), for example the MAB. We will consider it in relation to MAB deduction claims specifically, but also of course more generally in terms of protection for UCU members. We were aware this judgement was coming and always had it in mind when examining relevant potential cases. The declaration of incompatibility means that the government now have to address this and make changes to ensure compatibility. The judgement does not specify what those changes must be, but the government needs to act.