In Anderson and others v London Fire & Emergency Planning Authority a collective agreement gave the employer two options for calculating the third year pay increase without giving precedence to either. A Tribunal had held that this arrangement was not legally enforceable and that it was an agreement to agree or negotiate.

The Employment Appeal Tribunal disagreed on the grounds that each option was clear. It was also clear that it was for the paying party, the employer, to choose between the two. The EAT stated that the existence of choice in an agreement does not render the agreement uncertain if the choices are clear.

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