Cardiff University ‘may have broken the law’ by threatening union

Martin Shipton

Cardiff University’s threat to take action against the University and College Union for comments it made to Nation.Cymru could be in breach of a law protecting academic freedom, we have been told.

The university’s leadership team has come under intense scrutiny since proposing 400 job cuts and the closure of five Schools including Nursing and Music at the end of January.

In Nation.Cyrmru’s story, attention was drawn to comments made by the Vice Chancellor, Professor Wendy Larner in an interview where she appeared to suggest that poverty was linked to genetics.

A UCU spokesperson told Nation.Cymru: “It is shocking that someone in Prof Larner’s position should say such seemingly offensive and insensitive things, but sadly our members are now used to being shocked by her conduct. This will make Cardiff University staff further question whether she is fit to lead an organisation like this one.

“After reading her words it will be hard for many members not to feel that the cruel and unnecessary cuts she is making at Cardiff University are part of a culture war that devalues the arts and humanities and uncritically worships technology in a manner that in some ways aligns with reactionary elements within global politics. In the context of her post-cuts vision for a more elitist university, cutting schools like nursing and favouring what Prof Larner has called ‘higher quality’ students, the attitude towards poverty indicated here is disturbing.”

‘Fake news’

Prof Larner accused Nation.Cymru of publishing “fake news” about her, but we defended the story and said she had made a false allegation against us.

It has now emerged that in the wake of the row, Sally-Ann Efstathiou, Director of People and Culture at the university, wrote to the university’s branch of UCU stating: “I am writing further to an article on Nation.Cymru entitled ‘Cardiff University Vice Chancellor implied politics is caused by genetics’, in which a Cardiff UCU spokesperson has provided comment.

“I am writing on behalf of the university to express our dismay and disappointment at not only the nature of the article, which we will be taking up directly with Nation.Cymru, but more importantly the unacceptable comment from your spokesperson.

“We have endeavoured throughout the consultation to work fairly and transparently with UCU colleagues and to treat everyone involved in navigating through these challenging and difficult proposals with dignity, courtesy and respect; and importantly to respect and acknowledge the views of all.

“It is therefore disappointing to note the increasingly personal attacks on members of the university community. This is not acceptable at any time or against anyone. I appreciate that these are polarising times, but we must seek to rise above such behaviours to ensure we are able to work together for the benefit of all our staff.

“I trust we will not see any further such statements in the future and the UCU will strongly consider the nature of the articles that you are providing comment on.

“In the future we may have no alternative but to review such statements as a potential breach of our Dignify at Work and Study policy.”

‘Chilling’

Responding to Ms Efstathious’ letter, a Cardiff UCU source told us: “It’s an extraordinarily chilling letter which some believe could be in breach of the 1988 Higher Education Act. This guarantees the principle of academic freedom as the legal right for staff in the UK to ‘question and test received wisdom and to put forward new ideas and controversial or unpopular opinions without placing themselves in jeopardy of losing their jobs or the privileges they may have’.

Dr Hefin David, the Welsh Labour MS for Caerphilly, said: “This is a clear attack on freedom of speech and freedom to organise. It is unprecedented for a University to try to close down legitimate trade union activity in this way. It also appears to be evidence of a climate of fear on the Cardiff University campus.

“Freedom of speech includes the right of trade unions to respond to media requests for comment, even if those responses are difficult for management to hear. Staff have the right to freedom of speech under human rights legislation and higher education legislation. They should not be threatened with disciplinary action simply for organising and campaigning.

“This is also a breach of the principles of social partnership which the University claims it supports. As a longstanding member of the UCU, I urge Cardiff University’s leadership to rethink and attempt to rebuild their relationship with social partners.”

‘Dignity’

A Cardiff University spokesperson responded: “We reject claims that we’ve sought to infringe UCU’s right to freedom of speech and their ability to organise. Our letter simply reminded UCU colleagues of the need to treat everyone with dignity, courtesy, and respect. For the avoidance of doubt, there is no threat against anyone for expressing their views or concerns. It did, however, express our deep disappointment at the increasingly personal attacks on members of the University community. This behaviour is not acceptable, and we stand by it.

“We make no apology for pointing this out and reminding UCU of the policies we have in place. We remain in on-going dialogue with Cardiff UCU and our Vice Chancellor is due to meet with Hefin David MS shortly to discuss any concerns he has.”