Labour Research December 2003

Law Queries

Imposed pay deals

We have been in negotiations with our employer over pay for nearly two months but the offers that he is making are unacceptable to the union. He has now said that he will impose them if we do not agree. Can he do this? Is it not a breach of contract?

It is true that if an employer changes a contract without agreement it may be possible to argue that this amounts to a breach. However, even if the courts accepted this to be the case, it would not advance your claim for a better pay deal. Unless your contract specifically and clearly guarantees the right to a pay increase (and few do) the legal challenge, even if successful, would simply mean that you would be left without the pay increase that has been offered.

* More information: LRD booklet, Contracts of Employment 2003