Members of the union in the Company in which I work were balloted regarding a pay cut. The result of the ballot was in favour of a pay cut of 10%. Not all the employees are union members so the non-union members did not have a vote. Is the Company obliged to ask those employees who did not have a vote if they can reduce their remuneration? Or can the employer reduce the pay of all employees as a result of the ballot carried out by the union? Or would the Company have to consult the non-union members individually or does the collective agreement automatically bind all employees within the work place were a collective agreement has been negotiated by the employer and the trade union?

Posted in : First Tuesday Q&A ROI on 2 September 2015
A&L Goodbody
A&L Goodbody
Issues covered:

Employees who are not members of the union are not bound by the collective agreement, unless it is a specific term and condition of all employees’ employment, that they be bound by union agreement in the workplace, or by virtue of custom and practice in the workplace, it has become a term and condition of the non-unionised employees’ employment (i.e. if they have always acted as though they are bound by union decisions/ballots). Assuming that this is not the case, then the result of the union ballot cannot be binding on non-union members. In such circumstances, in order to reduce the remuneration of non-unionised employees the Company must obtain employee consent in order to avoid a claim

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Register

Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

A&L Goodbody
A&L Goodbody

The main content of this article was provided by A&L Goodbody. Contact telephone number is +353 1 649 2000 or email

View all articles by A&L Goodbody