# Can my union agreement be changed so I can't take my employer to a tribunal for unpaid wages?

- Jurisdiction: United Kingdom
- Practice area: Employment Law
- Published: 2026-10-29
- Last updated: 2026-10-29
- Canonical: https://lawasked.com/uk/employment-law/can-my-union-agreement-changed-so-i-can

## Question

I have been working as a seasonal picker on a large farm in Scotland for about three years now. My pay is governed by a collective agreement through my union, which guarantees a specific minimum hourly rate to ensure we aren't underpaid during the busy harvest months. Since the start of this year, my employer has been struggling with costs, and they have been talking to the union representatives about changing how our guaranteed pay is handled. Last Tuesday, my supervisor mentioned that the company and the union might apply for a special order from the government to change the rules of our agreement. They suggested that if this happens, we might not be able to use the usual employment tribunal process to claim unpaid wages if our guaranteed pay isn't met. I have already spoken to my shop steward, but they were quite vague about whether the Secretary of State can actually legally sign off on something that removes our right to complain to a tribunal. I am worried that if they succeed in making this order, I will have no way to fight it if my pay cheque comes up short next month. Is it actually possible for the government to exempt us from the standard rules regarding guaranteed pay through this kind of agreement?

## Summary

It is possible for the government to issue an order that changes how you claim unpaid wages, but they cannot simply remove your right to a remedy. If the Secretary of State makes such an order, your union agreement must already include alternative ways to resolve pay disputes, such as arbitration or the right to use an employment tribunal [cite:uk-era-1996-sec35].

## Analysis

Under the Employment Rights Act 1996, the Secretary of State has the power to make an order that excludes certain employees from the standard rules regarding guaranteed remuneration (the minimum pay promised to you in your agreement) [1]. This means your employer and union could potentially apply for a special order to change how your pay is handled because the farm is struggling with costs.

However, the government cannot just strip away your ability to fight for your money without a backup plan. For the Secretary of State to legally sign off on this, the law requires that your collective agreement meets specific conditions. The agreement must either provide "procedures to be followed... in cases where an employee claims that his employer has failed to pay the whole or any part of any guaranteed remuneration" which includes a right to arbitration or adjudication by an independent body [1]. Arbitration is a way to settle a dispute using a neutral third party instead of a court. 

Alternatively, the agreement must indicate that you "may present a complaint to an employment tribunal" regarding unpaid guaranteed pay [1]. If the agreement follows this second path, even if a special order is made, the employment tribunal will still have the power to hear your case [1]. Under standard rules, an employee can present a complaint to an employment tribunal if an employer fails to pay a guarantee payment [2]. 

In your specific situation, whether you lose your right to go to a tribunal depends on what is written in your current union agreement. If your agreement does not already have these alternative dispute procedures or a mention of the tribunal, the Secretary of State should not be able to make the order [1].

Note that other UK employment laws or specific agricultural regulations may also apply to your situation.

## Statutory citations

- Employment Rights Act 1996, Section 35 - Exemption orders. [in force] (https://www.legislation.gov.uk/ukpga/1996/18/section/35)
  > the appropriate Minister... is satisfied that section 28 should not apply to those employees, he may make an order under this section excluding those employees from the operation of that section.
- Employment Rights Act 1996, Section 35 - Exemption orders. [in force] (https://www.legislation.gov.uk/ukpga/1996/18/section/35)
  > the Secretary of State shall not make an order under this section in respect of an agreement unless— a the agreement provides for procedures to be followed... or b the agreement indicates that an employee... may present a complaint to an employment tribunal
- Employment Rights Act 1996, Section 34 - Complaints to employment tribunals . [in force] (https://www.legislation.gov.uk/ukpga/1996/18/section/34)
  > An employee may present a complaint to an employment tribunal that his employer has failed to pay the whole or any part of a guarantee payment to which the employee is entitled.

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