chapter  8
13 Pages

LEGAL EFFECT OF COLLECTIVE AGREEMENTS

ENFORCEABILITY BETWEEN UNION AND EMPLOYER

A distinguishing feature of industrial relations in Britain is that collective agreements between trade unions and employers are not legally binding.1 The Donovan Commission in 1968 noted that this was the case even though there was little legal authority to support such an assumption. The Commission put forward the view that collective bargains between a union and an employer were not legally binding because both parties did not intend the agreement to be enforceable.2