This case concerns the variation of contractual terms and whether, by continuing to work, the claimants accepted the changes imposed, namely a two-year freeze on their pay.

The Court of Appeal was posed with the question of whether there was a contractual right to incremental pay progression; and whether the employees were deemed to have accepted the variation of their contracts by continuing to work without protest under the pay freeze.

In March 2011, the Council imposed a two-year pay freeze meaning the usual incremental pay progression was suspended and employees would not move up the spinal column. Trade unions voiced opposition to the proposal, threatening industrial action, however, greater numbers were needed to justify a formal ballot. The