Protecting Academic Freedom: A Major Success

Affinity has won a complex grievance against a major university which sought to restrict one of its staff from undertaking a research project based on an unjustifiable objection to an element of the research. For reasons which will be obvious, we cannot disclose further details of the case, but the case went to the heart of the principles of academic freedom. It was yet another example of persistent attempts to censor academics and limit debate on certain issues, with considerable intolerance of differing opinions.

The ability to engage in respectful debate and to challenge conventional ideas are crucial components in higher education, yet both students and staff have felt increasingly unable to express themselves without fear of being attacked for doing so.

The previous Government’s Higher Education (Freedom of Speech) Act 2023 represented a significant step forward in giving academics significant and much needed protection when it comes to academic freedom and freedom of speech in higher education. But of course Labour’s decision to halt the Bill represents a significant blow.

The Education Secretary Bridget Phillipson has said:

“I do want to hear from a range of voices on this. Free speech in our universities is incredibly important. Young people should be exposed to a range of opinions, including opinions that they might not agree with…

I want to hear from a range of voices and we’re engaging with people who have different views on this topic, to make sure we get this right.”

Affinity has a growing membership amongst academic staff, many of whom want an apolitical trade union they can trust when it comes to protecting their rights.

Accordingly Affinity will write to Ms Phillipson to present our experiences of the poor treatment of university staff when it comes to issues of academic freedom. If you would like to contribute your views or personal experiences to our submission, please send your comments to us by 31st October 2024 at the following address: inconfidence@workaffinity.co.uk

We will not name or identify you in our submission unless you state explicitly that you are happy for us to do so.

Working Time And Rest Breaks: Do You Know Your Rights?

Affinity has members working in a wide range of different roles across all industries and many work long hours.

The law governing working hours is in the Working Time Regulations 1998 which sets out certain requirements around working time and rest breaks that employers have to stick to. Whilst the law in this area can be complex, we thought it would be useful to give members a reminder about the key entitlements.

Your Rights Under the Law

Working Time

Working time is any time where someone is working at the employer’s disposal and carrying out the employer’s activities or duties. It does not usually include the time that an employee spends travelling to work or rest breaks.

The law sets a maximum working week of 48 hours (on average), although employees can choose to opt out of this and agree to work longer hours. If you are working more than 48 hours per week on a regular basis but you do not think you have opted out of working more than 48 hours, please contact the Union’s Advice Team using the contact details provided below.

Rest Periods

The law also says that employees have the right to the following rest periods:

A 20 minute rest break if employees are expected to work more than 6 hours during the day. The rest break must have a clear beginning and end and during that time, the employee should not be subject to being recalled to the employer; it has to be a proper break. The rests need to be planned in advance and taken during the day (not at the start or end of the day).

In some cases, employers have made separate agreements with staff to give longer rest breaks; if those agreements are in place then they must not be broken by employers.

Between working days, employees must have a rest of 11 hours or more between finishing work and starting work again.

Between working weeks, employees must have a 24 hour rest period every 7 working days or 48 hours every 14 working days.

Sometimes, a situation might arise where an employee has to work through a rest period, but this should not be something that happens on a regular basis and there must be a valid reason for the missed break. In these circumstances, the employee must always get compensatory rest to make up for the missed break.

Holiday Entitlement

Employees also have the right to paid holiday, which builds up based on the number of hours worked. Some employers also agree a certain amount of paid holiday with staff.

The law says that employees are entitled to 5.6 weeks’ paid holiday per year (which might include Bank Holidays). If employees work part time, their entitlement will be proportionate to the number of hours worked.

Paid holiday also builds up whilst an employee is in a probationary period, on sick leave or on maternity, paternity, adoption or shared parental leave.

What You Need To Do If You Think Your Employer Is In Breach Of The Law

This newsletter is a brief reminder of the law and what’s expected of employers. If you think your employer is in breach of the law, you should contact our Advice Team straight away so we can advise you on what action you can take.

Our team can be contacted from 8.00 am to 6.00 pm, Monday to Friday on 01234 716005. Alternatively you can email us at 24hours@workaffinity.co.uk. Remember we are completely independent of the employers with whom we deal and anything you tell us is entirely confidential.

It will help us greatly if you make sure that you have a copy of your employment contract; indeed we can’t advise you fully without seeing it. If you do not have a copy you should request one from your line manager or your employer’s HR department. If you need help obtaining your contract for any reason, the Advice Team will be happy to assist.

Watch Out For Contract Changes

From time-to-time, employers make changes to employment contracts. In some cases, the changes have no material effect on employees but very often employers make changes which ultimately have a detrimental effect in some way. When that happens, employees should be consulted and compensated. If your employer asks you to sign a new contract, STOP! It’s essential that you contact the Advice Team so we can advise you on the change before you sign. Once you’ve signed and accepted the contract, it’s too late.