Status quo agreements

Reps should note that unless there is a clear status quo agreement in place, there is no rule that just because a grievance has been taken out objecting to a change, no disciplinary penalties can be issued for refusing to follow new instructions.

Status quo agreements are important in the context of changes to terms and conditions. Typically, management will argue that a change is non-contractual, so that failure to accept it is a breach of the duty to follow a lawful order. Employees will argue that the change is a breach of contract, so they are entitled not to accept it.

Without a negotiated status quo agreement, an employee who refuses to implement a change on the ground that the grievance process has not yet been completed risks being fairly dismissed for failing to obey a lawful instruction. For an example, see Samuel Smith Old Brewery (Tadcaster) v Marshall [2010] UKEAT/0488/009. See the LRD guide, Disciplinary and grievance procedures, 2012 (http://www.lrdpublications.org.uk/publications.php?pub=BK&iss=1630).