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UK employers told to plan for students not being able to graduate

Delays in degrees being awarded because of ongoing marking boycott could leave those with job offers in limbo

June 15, 2023
Source: iStock

Graduate employers have been told to consider honouring job offers to students who have been unable to finish their degrees as a result of the UK’s ongoing marking and assessment boycott.

With many universities now advising students of delays in receiving their final marks, the Institute of Student Employers (ISE) has advised firms to look at how they can limit disruption for their next cohort of employees and ensure they can start roles as planned.

“Graduate employers who make offers conditional on a student’s final degree classification should make contingency plans,” said ISE chief executive Stephen Isherwood.

“This may include basing offers on existing?grades, amending offer terms and conditions or continuing as planned and assessing the situation when the degree is finally awarded.”

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Since April, University and College Union (UCU) members have refused to set or mark assessments as part of?long-running industrial action, called as part of demands for higher pay and action on working conditions.

The UCU has a mandate for action covering 145 universities, although employers have previously said participation in the boycott has been “patchy”, with many students still able to?finish their studies as planned. Universities have also been scrambling to change procedures to ensure graduations are not affected, such as removing the need for external oversight of grades or basing final marks on assessments already completed.

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But the action is having an impact at several campuses. On 14 June Queen’s University Belfast said 750 of its students will experience delays in receiving their final degree result or classification; a situation expected to be repeated at universities in England, where final exam boards are only just getting under way.

“All employers should consider the difficult situation a student may have been placed in through no fault of their own, and the relevant employment regulations,” said Mr Isherwood, who added that firms employing international students should check with them to see how their visa status could be impacted by the delays.

“We also recommend that employers review the details of offered students to see who may be affected and contact the relevant institution’s career service if there is a concern.”

Meanwhile the Department for Education has to colleges and universities involved in teacher training advising them of temporary changes aimed at ensuring “all good candidates will be able to start their courses in September”.

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It said the marking boycott “has the potential” to disrupt those due to start their training in the autumn “as candidates usually need to prove that they have received their degree to start postgraduate courses”.

In light of the disruption, the DfE said trainees whose degree status has not yet been confirmed can still be recruited onto courses but they will not be able to formally complete their training until they can show proof of?receiving a degree.

tom.williams@timeshighereducation.com

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Reader's comments (2)

So, if (IF) the award of Degree X to ‘Graduate’ Y is delayed AND if (IF) that delay directly leads to Y having a job offer rescinded, then Y has suffered a financial loss of salary (albeit a loss possibly mitigated by quickly finding alternative employment even if temporary and paying less) because there has been breach of the U-S contract and thus Y is due damages, with U probably not able to rely on its force majeure exception/limitation clause (likely to be an unfair term to try and exclude liability for disruption in delivery of the ‘service’ because the ‘trader’ faces industrial action by its employees - see May 2023 CMA guidance on the student as consumer). Conceivably Y is also modest damages for hassle/anxiety. Damages by way of a partial refund of ‘price’ under the Consumer Rights Act 2015 also due, of course, for any significant loss of teaching because of such action where the U can’t provide the missing teaching within a reasonable time and at no material inconvenience to the customer. See Farrington & Palfreyman on The Law of Higher Education (OUP, third edition, 2023) for treatment of The Student as Consumer.
Or maybe the students could show some gratitude and give greater support to the teachers who have bestowed upon the them the knowledge and skills which will have significantly enhanced their ability to find better jobs leading to lifelong financial prosperity. Most students aren't even aware that their tuition fees don't even cover course costs in some cases. Can I sue for the hassle /anxiety I have felt as my pay has been repeatedly eroded in real terms year after year or simply because my life hasn't turned out exactly the way I wanted ?

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