Dundee University has been accused "leading the way" in "punitive, unfair" practices amid the ongoing dispute with the University and College Union, as it's alleged union members who stand down as external examiners will be barred from future employment.
UCU members voted to take action short of a strike in an ongoing dispute over pay and conditions, which will see students across the country being left in limbo as degrees may be only partially marked or not awarded at all.
The institution has also drawn criticism for its relations with staff, with fears its stance on union members who resign as external examiners is effectively creating a blacklist.
A document seen by The Herald lays out the University of Dundee's response to external examiners stepping down due to the UCU action.
Read More: Fears raised over quality checks amid university marking boycott
It states: "where it is identified that external examiners resign from post as part of their taking strike action they will not be reappointed, and a new selection process should be opened".
Previous guidance in 2022 did not include that provision, instead stating that "where schools identify EE non-attendance to be a risk" during strike action a senior external examiner, to be paid an extra £150, could be appointed to oversee all exam boards in the school "for the period of the strike action".
The University of Dundee said no person who has held office for a continuous period of three or more years is eligible for reappointment until a period of five years or more has elapsed since their last appointment
UCU Scotland honorary secretary Carlo Morelli said: "A lot of external examiners are resigning in protest about what’s happening, but Dundee have gone further in saying that not only will it go forward without external examiners but any who resign will not be reappointed.
“That is much further than any university has gone – it puts Dundee out on a limb and means it is effectively creating a blacklist of staff who cannot be employed in the university.
“That cuts right across the blacklisting legislation.
“The national union passed a motion condemning the use of blacklisting by the university last week.
“The STUC passed a different resolution last month condemning Dundee University on the back of Unite and Unison bringing a motion to condemn them for getting rid of the pension scheme for the lowest-paid staff.
“Dundee University is setting itself up as an outlier in terms of its industrial relations with its staff, in terms of both Scottish universities and also across the UK.
“The reality of it is that what they’re doing is destroying any kind of confidence members have in the university, the university seems set on changing the terms and conditions of employment and being an employer of last resort in terms of academia.
"I think if it gets to a court case they’ll be found to be on the wrong side of GDPR and legislation – they’re explicitly making it clear it’s trade unionists that they’re talking about and explicitly making clear this is a sanction for trade unionists engaging in union activity. I can’t see what argument they can make which doesn’t fly in the face of both GDPR and also blacklisting regulations."
Read More: Edinburgh University staff to take strike action
Section three of the Employment Relations Act 1999 (Blacklists) Regulations 2010 prohibits the compilation, use, sale or supply of a list which "contains details of persons who are or have been members of trade unions or persons who are taking part or have taken part in the activities of trade unions, and is compiled with a view to being used by employers or employment agencies for the purposes of discrimination in relation to recruitment or in relation to the treatment of workers".
In addition, under GDPR law trade union membership falls under "special category data" meaning in order to be lawfully processed a basis must be established under both article 6 and article 9 of the act.
Mary Senior, Scotland official UCU, said: “From docking staff 100% for taking lawful industrial action short of strike while continuing to work full time for the university, to now seeking to bar from re-employment external examiners who’ve resigned, Dundee university is leading the way amongst Scottish universities for punitive, unfair actions in this dispute.
"Instead of trying to find increasingly hard-line ways of punishing staff, the principal and senior management should provide the leadership the university and sector needs and use their influence to call for a return to meaningful negotiations and look to resolve this dispute.”
A University of Dundee spokesperson said: "We strongly refute any suggestion that the University is participating in blacklisting. Within our external examination regulations, anyone who has held a post for three or more years is not eligible to be re-appointed for a period of five years or more after they resign. This is common, long-standing, designed to manage risk from a quality assurance perspective, and has nothing to do with the UCU action.
"External examiners who resign, regardless of the circumstances, can be considered for re-appointment once the time-related eligibility conditions are satisfied.
“Our Code of Policy on external examiners is clearly set out and published online.”
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