A LEGAL expert warned last night that the latest plan by striking train conductors could put them in breach of contract.

Conductors for Arriva Trains Northern have drawn up a new plan to hit the company by refusing to take fare payments.

The move comes after Wednesday's talks broke down in London between bosses and union officials.

The Rail, Maritime and Transport Union (RMT) is angry over pay rise discrepancies offered to conductors and guards, which fell short of the rise given to drivers.

Before starting the scaled-down action, the RMT is seeking legal advice. Depending on this, it plans to ballot members to seek their endorsement.

But Paula Stirling, a Durham University expert on employment law, said they could run into contractual difficulties.

"Both sides probably know that it is probably in breach of the implied terms in their contracts of trust and confidence," she said.

"Turning up for work is not enough - you have got to be prepared to actually do the work.

"If the employer wishes to push it, they would have to say just do not turn up at all.

"I do not think it's going to be a dramatically successful tactic."

While the RMT says the all-out strikes planned for March 1 and 2 will go ahead regardless, it proposes to intersperse further strikes with no fares days.

Stan Herschel, RMT regional organiser, said: "They are not instead of strike action. They could be run with it, but the strike action could be less frequent.

"We are trying to put the pressure on Arriva and take it off the public."

Mr Herschel said that taking fares was only a small part of a conductor's job.

"They would still be doing customer care and train safety and opening and closing doors," he said.

Arriva would not comment on how it would respond to the proposed action.

But a spokesman said: "We remain available at any time for meaningful discussions with the RMT, and urge the conductors not to create further inconvenience."