Challenging the Sophistry of Common Law and Statutory Bargaining Power Paradigms in Employment Relationships in Nigeria and the United Kingdom

Bargaining power is intrinsic in commercial contractual relationships. Elementary law of contract suggests that in every facet of contractual relationships and in the absence of undue influence and duress, the playing field is equal between the parties to the contract. In employment relationships however, there exist the divergent interests the employer on one hand as the possessor/controller of the means of production with the supervening quest for profit and control, and the employee on the other hand as the possessor of only his labour and driven by the desire for wages, benefits and inclusion. This paper posits that these competing interests results in conflict between the primary actors in employment relationships. The study further submits that to resolve these conflicts, bargaining power has shifted from common law generalities to statutory interventions in Nigeria and the United Kingdom. Utilising the doctrinal method, this paper examines these statutory intervention with emphasis on how bargaining power is equalized in employment relationships. This paper further submits that equality of bargaining power in employment relationships remain a myth in Nigerian commercial and labour law. This study recommends statutory enactment and amendments where applicable, judicial activism on the status of collective agreements and the resorting to regional mechanisms to affect requisite change in employees’ status quo.

Data and Resources

Additional Info

Field Value
Author Inemesit Okon Bassey, Eyakndue Ekpenyong Ntekim
Maintainer Journal of Commercial and Property Law
Version 2022
Last Updated April 4, 2024, 08:55 (UTC)
Created April 4, 2024, 08:51 (UTC)
Issue 1
Pages 83-91
Volume 9