Members of the University and College Union will not stage strikes at universities in the new year after a ballot on further industrial action failed to meet the legal threshold.

The University and College Union (UCU) said more than two in three (68%) of its members at 140 universities in England, Wales and Scotland who voted, backed more strikes in an ongoing dispute over pay and working conditions.

Three in four (75%) UCU members who took part in the ballot backed taking other forms of industrial action, the union said.

But university staff will not be able to strike as only 43% voted in the ballot, so it failed to reach the legal threshold of 50% required by law.

Anti-democratic restrictions, which single out trade unions for special treatment, mean no action can take place

The ballot was the fifth national higher education ballot that the union has run in just over a year.

A series of strikes have been staged by the UCU in recent years in two separate disputes over pay and working conditions and pensions.

At the end of September, walkouts over pay and working conditions went ahead for five days at 42 universities, and for at least one day at a further 10.

UCU members also engaged in a marking boycott over the summer which saw students face delays in receiving their marks and final degree results.

UCU general secretary Jo Grady said: “The national ballot results show university staff support taking action over pay and conditions.

“However, anti-democratic restrictions, which single out trade unions for special treatment, mean no action can take place.

“After a year in which we have run four successful national ballots, we have achieved a momentous victory by forcing employers to revoke their vicious pension cuts.

“But it is clear from this ballot that staff are still angry with vice-chancellors who have failed to deliver on pay, job security and workloads.

“We look forward to a Labour government rolling back the anti-union laws that prevent working people from democratically organising and block our members from fighting for what they deserve.

“In the meantime, we will carefully consider how we best turn our members’ rightful anger into practical action to achieve change.”

Raj Jethwa, chief executive of the Universities and Colleges Employers Association (UCEA), said: “Now that the ballot is over, unions and employers need to find common ground on the issues that the sector is grappling with.

“UCEA’s priority is to work with UCU and the other four trade unions (EIS, GMB, UNISON and Unite) on a number of important matters.

“Good progress was made earlier in the year on the review of the pay spine, workload, contract types and further action to reduce the already falling pay gaps in the sector. UCEA is ready and waiting to resume this work with the unions.

“We also urge all trade unions to join us in prioritising the independent review of sector finances.

“A crucial element of resetting industrial relations in the sector is developing a shared understanding of affordability. For the sake of students and staff alike, it is now vital to work together to end the sector’s recent cycle of industrial disputes.”

Last month, members of the UCU voted to end a separate long-running dispute with university employers over pensions.