UCU: Disproportionate representation in disciplinary and other actions

Motion

Motion title: Disproportionate representation in disciplinary and other actions

Motion text: HESC notes that:
1. some HEIs use disciplinary action and extensions or failure of probation where the alleged poor performance is about tone, attitude or approach rather than misconduct
2. there is often a disproportionate over-representation in the same where the respondent has a protected characteristic
3. the use of discretion and the drawing of inferences can lead to discrimination.

HESC believes that:
a. the use of disciplinary and similar procedures to manage performance where misconduct is not an issue is inappropriate
b. the inappropriate use of disciplinary and similar procedures has the effect that employees with protected characteristics may be discriminated against.

HESC resolves:
i. to challenge HEIs where there are patterns in the data that demonstrate inequalities of outcome
ii. to challenge the use of performance management where the outcome is discriminatory
iii. to actively support branches, including through funding legal action, where there is evidence of inequality of outcomes as against the protected characteristics.