INTRODUCTION
One of the oddities of British labour law, especially when compared with its continental and common law cousins, is that collective agreements concluded as a result of the collective bargaining process between an employer and a trade union have no necessary legal effect whether vis-à-vis the employer and the union or vis-à-vis the employer and an individual employee. On the former relationship – which is sometimes referred to the ‘contractual dimension’ of collective agreements – the Trade Union and Labour Relations (Consolidation) Act 1992, s 179, conclusively presumes that such agreements were not intended by the parties to take effect as legally enforceable contracts unless the agreement is in writing and contains a provision which states that the parties intend that the agreement shall be a legally enforceable contract …
Jordan English, Rectification, Employment Contracts, and Collective Agreements, Industrial Law Journal. Published: 9 July 2025.
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