As you are aware, in 2017, UCL UCU Branch Secretary Mr. Tony Brown was subject to a disciplinary sanction by UCL for setting up an email list on behalf of union reps, in his capacity as a union rep carrying out trade union activities.
Despite local representations (and a letter sent to you personally by the then UCU General Secretary Sally Hunt) UCL did not withdraw the sanction, and the matter was brought before the London Employment Tribunal. In a judgement dated 12 November 2018 (Case Number: 2207156/2017*), the panel made an unequivocal and unanimous determination that a breach of s. 146 TULR(C)A 1992, the main statutory provision protecting union members against detriment and victimisation, had indeed occurred, and that ‘the main purpose of disciplining [Mr Brown] was to penalise him for taking part in trade union activities’.
This is the first time that UCL has been found to be in breach of a fundamental human right in a court of law. Trade union freedom is protected both by s. 146 TULR(C)A 1992 and, as the judgement makes clear, by Article 11 of the European Convention of Human Rights, as well as by several other regional and international fundamental rights instruments.
Mr. Brown has been informed that UCL has decided to Appeal the Tribunal decision.
We believe that such a step is neither in the interest of UCL as a whole, nor will it assist in fostering the spirit of mutual trust and cooperation that is essential to good and constructive workplace relations, and ultimately to the resolution of this particular dispute.
We therefore request that UCL:
1) Withdraws the appeal and engage in constructive discussions to resolve the dispute.
2) Recognises the fact that Mr. Brown has been victimised for performing lawful and protected trade union activities, and agrees that the unlawful disciplinary sanction he was subject to be erased from his record.
3) Issues a written apology to Mr. Brown, and to take actions to ensure that victimisation has no place at UCL.
4) Offers further assurances that representatives of UCL UCU and other trade unions are able to communicate freely with both members and non-members, including via email, for the purposes of furthering protected trade union activities, as recognised by the judgement, and by UK and European human rights legislation.
5) Meets with representatives of campus unions to discuss resolving workplace disputes by less confrontational means, in a spirit of cooperation, in full respect of labour, trade union, and human rights, and consider whether lessons can be learned from this event.
Sean Wallis, President, UCL UCU, UCU NEC member Saladin Meckled-Garcia, Vice President UCL UCU Jacqui Sheehan, Branch Secretary & Disabilities Officer, UCL UNISONNita Sanghera, UCU Vice President; Bournville College UCUVicky Blake, UCU Vice President-elect; President, University of Leeds UCUJo McNeill, President, University of Liverpool UCU, UCU NEC memberJo Grady, University of Sheffield UCUAnn Bates OBE (retired)
Jim Tyson, ISD UCU rep, UCL UCUPhilip Riebold, ISD UCU rep, UCL UCUColin Byelong, ISD UCU rep, UCL UCUIlektra Christidi, ISD UCU rep, UCL UCU
Majella Lane, UCL UCU committee, School of PharmacyProf. Nicola Countouris, UCL UCU committee, LawsJane Coles, UCL UCU committee, Institute of Education (IoE)Charlie Owen, UCL UCU committee, IoEJohn Yandell, UCL UCU committee, IoEBella Vivat, UCL UCU committee, PsychiatryAlun R. Coker, H&S senior rep, UCL UCU committee, MedicineEve McLoughlin, UCL UCU committee, MedicineJosh Hollands, PGTA rep, UCL UCU committee, Inst. AmericasSonja Curtis, UCL UCU committee, BartlettChristine Callender, UCL UCU committee, IoEProf. Christine Callender, UCL UCU committee, IoETheodora Bryer, UCL UCU committee, IoERuth Dar, Treasurer, UCL UCU (retired)Judith Suissa, UCL UCU committee, IoEMartin Fry, UCL UCU committee, Medical PhysicsRichard Pettinger, UCL UCU committeeSheila Curtis, UCL UCU committee, IoEHolly Smith, UCL UCU committee, IoEAdam Unwin, UCL UCU committee, IoEMark Newman, UCL UCU committee, IoEProf. Alice Sullivan, UCL UCU Committee, IoEChristine Callender, UCL UCU committee, IoEDr N. Vittal, Equalities officer, UCL UCU committeeJohn Potter, UCL UCU Committee, IoE
Prof Jason Dittmer, Professor of Political Geography, UCLBen Waugh, UCLElisa Cuevas, UCU member, UCLNeil Curson, Associate Lecturer, UCLLily Kahn, UCLHans van de Koot, Reader in Linguistics, UCLMorgan Golf-French, PhD Candidate, UCLBettina Friedrich, Research Associate, UCLAndrew Gardner, Senior Lecturer, UCLPamela Fennell, Research Associate, UCLProf K V Petrides, UCLDr Peter JS Jones, Reader, Department of Geography, UCLPavlina Pyari, UCLProf Keith Ewing , Professor of Public Law Pat Tookey, Honorary Associate Professor, UCLAndrew Griffiths, Research Fellow, UCLTor Wright, UCU member, UCLTony Brookes, Teaching Fellow, UCLElias Skourletos, UCLEvgeniia Drozdova , UCLMichael Walls, Associate Professor, UCLProf Peter Mullany, UCLAislinn, Research Associate, UCLProf Chris McManus, Professor of Psychology and Medical Education, UCLJohn Greenwood, Associate Professor, UCLMark Iline, Dept IT Mgr, UCLDanielle Lamb, UCU rep, Division of Psychiatry, UCLProf Paul Taylor, UCLVerity Bell, Teaching Fellow, Laws, UCLBrian Alston, UCLProf Mark Freedland, Honorary Professor, UCLConor Crummey, Teaching Fellow, UCLMaria Sibiryakova, UCU member, UCLMichael Niblock, Post-doctoral Researcher, King's College LondonProf Andrew Martin, Professor of Bioinformatcs and Computational Biology, SMB, UCLStephen Ford, Senior Teaching Fellow, UCLThomas Callan-Riley, UCL UCU Rep Bartlett School of Architecture, UCLBill Sillar, Senior Lecturer, UCLJackie Thomas, UCU member, UCLRebecca O'Connell, Reader in the Sociology of Food and Families, UCLMark Hardman, Associate Professor, UCLProf Ruth Dukes, Professor of Labour Law and UCU member, University of GlasgowRodolfo Hermans, UCU Rep, EEE, Postdoctoral Research Associate, UCLTim Colbourn, Associate Professor of Global Health Epidemiology and Evaluation, UCLDarius Jackson, Lecturer, UCLMike Witcombe, UCLAndrew Phillips, UCLAbigail Knight, Lecturer, UCLProf Bas Aarts, Professor of English Linguistics, UCLJohn Gray, UCU member, UCLAntonios Tzanakopoulos, Associate Professor of Public International Law, University of OxfordTamjid Mujtaba, Senior Research Fellow, UCLRachel Rees, Principal Teaching Fellow, UCLJohn Porter, UCLBernadett Kalmar, Senior Research Fellow, UCLProf Jessica Ringrose, Professor, UCLDr Geoff Williams, Teaching Fellow, UCLPolly Glegg, Lecturer, UCLDaniel Guillery, Teaching Fellow, Philosophy and EISPS, UCLProf Julia Brannen, UCLAnastasis Georgoulas, Research Software Developer, UCLProf Barbara Penner, UCLTrefor Aspden, Senior Research Associate, UCLRosie Harman, UCLMichael Dean, Senior Teaching Fellow, UCLProf Priscilla Alderson, UCLValentina Cambiano, Lecturer, UCLJohn Connolly, UCLPaula Ambrossi, Lecturer, UCLCorinna Riva, Associate Professor, UCLProf Harry T. Dimitriou, UCLJoshua Russell-Buckland, Research Assistant, UCLMichelle Cannon, Lecturer, UCLJonathan Dore, UCLJonathan Gardner, Teaching Fellow, IoA, UCLSam Duncan , Senior Lecturer, UCLDominic Pollard, PhD Candidate, UCLNiamh Murtagh, UCLSteve White, UCLProf Jeremy Tanner, UCLEleanor KirkSue Walters, Senior Lecturer, UCL IOEDr Maria-Novella Mercuri-Rosta, UCU SELCS Teaching Fellows' Rep, UCLRebecca Wilson, UCU member, IoE, UCLDan Swift, Post-excavation project manager, UCLGregoris Ioannou, Research Fellow, University of GlasgowRachael Sparks, Associate Professor, UCLJesper Hansen, UCLRosie Flewitt, Reader, UCLMatthew Cole, Teaching Fellow, University of LeedsNoah Goldman, IWW member, University of BristolSofia Christou-Savina, Honorary Senior Research Associate, UCLSarah Joss, UCU Membership Officer, Herriot Watt UniversityDr Julie Vullnetari, University of SouthamptonR.A. Blizard, Teaching Fellow, UCLDr Jon Morgan, ResearcherHelene Neveu Kringelbach, Senior Lecturer/Associate Professor, UCLDr David S. Moon, Senior Lecturer in Politics & Bath UCU Vice President, University of BathProf Robert West, Professor of Health Psychology, UCLProf Michael J. Reiss, Professor of Science Education, UCLBrian Blake (retired)Steven Watson, UCU member, Faculty of Education, University of CambridgeJim Butcher, UCU committee member,, Canterbury Christ ChurchProf Arthur Petersen, Professor of Science, Technology and Public Policy, UCL Faculty of Engineering Sciences Ross Fulton, UCLJeanette Nicholas, Assistant Head, University of Westminster Andrew Bones, Teaching Fellow, UCLSusan Askew, Programme leader, UCLHannah Middleton, PhD student, UCLLiam Kennedy, Research Officer, Rob Kirkwood, Assistant Secretary, East Midlands Retired Members Branch, UCU Raquel Alegre, UCLProf Tonia Novitz, University of BristolJoe Gluza, Treasurer, UCU Eastern & Home Counties Region, University of CambridgeJoe Morrison, Lecturer in Philosophy, Queen's University BelfastProf Megan Povey, UCU Rep, University of LeedsSara Bragg, UCLIain Stewart, Lecturer in Modern European History, UCLRose Holyoak, Lecturer in Sociology, University of WinchesterProf Steven French, University of LeedsDawid Gondek, PhD Candidate, UCLKirsten Forkert, UCU branch chair, Birmingham City University, Rodney Challis , UCU retired members Marianne O'Doherty, Associate Professor in English, UCU Branch Executive Officer, University of SouthamptonKeith Simpson, Vice President, City UCU, City University of LondonShirley Cupit, Senior Teaching Fellow, UCLAdrian Mee, UCLLynne Gornall, Senior Lecturer, University of Central LancashireProf Candia Morgan, Professor of Mathematics Education, UCLSarah Pickering, Senior Teaching Fellow, UCLGrace Redhead, Teaching Assistant, UCLProf Anthony Segal, Professor of Medicine, UCLT D Williams, UCLProf John Coggon, Professor of Law, University of BristolJill Daniels, Branch Secretary, University of East LondonDanny Millum, Branch Secretary, UoL IWGBLinda Cronin, Senior Lecturer & UCU Branch Equality Officer, University of RoehamptonAndy Williams, UCU Media & Communications Officer, Cardiff UniversityWaseem Yaqoob, UCU Branch Secretary, University of CambridgeProf James Steele, UCLNick Freemantle, Director UCL CCTU, UCLMichael Cole, Senior Lecturer Prof Colm O'Cinneide, Professor of Law, UCLSian Preece, UCL Institute of Education, UCLAnna Caffrey, UCU rep and Senior Lecturer, University of East London and UCL graduateSinead Agnew, Lecturer, UCL Faculty of Laws, UCLDr Anne Alexander, UCU Rep, University of CambridgeChris Smith
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