Wales players could still refuse to play against England next Saturday, even if their strike action would break employment law.
Welsh rugby has been plunged into chaos this week amid the revelation its biggest stars are weighing up industrial action in response to the ongoing dispute between players and the Welsh Rugby Union around a delay in awarding contracts.
A number of players across the regional game are coming to the end of their current deals, and with no financial agreement officially signed off between the union and the regions, many players remain in the dark over whether they will even be employed for next season.
Even if a breakthrough is reached, it seems likely players will face a pay cut, and the situation has seemingly escalated with strike action now an option, although admittedly a last resort.
However, the legalities of such a move remain uncertain. Employment law expert and director of EMT Legal Elissa Thursfield told the BBC that players seeking to strike have to abide by the same rules as any other sector if they are to remain on the right side of the law.
"They do [have to follow the same rules]," she said. "The only sectors that have slightly different rules are those in protected industries. So we'd look at things like the NHS, the fire service, border security, their thresholds are a bit different.
"But for the rugby players it's going to be the same as everyone else. So they have to give notice, a two-week notice period. They have to have a majority of union members in agreement and they also have to get the ballot above 50 per cent as well."
Those comments would seemingly render any strike for Wales v England unlawful, with there currently no suggestion of any such ballot being served or notice period declared.
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"It would depend on whether the ballot's already been done," Thursfield added when asked if a strike could still happen. "So if they've given notice that this is going to happen two weeks before, but they could build in a period after the ballot to say 'look we've reached the threshold, you've got two weeks to try and resolve this' and the strike action can be called off at the last minute.
"It's not clear yet if that's happened. I've been weaving through the press to try and see whether that has taken place, and I can't find anything to confirm it at the moment.
"They have to be done in a certain way. They can be done by post, there's very strict rules around those. But it is very structured and it is very organised. So, it's not just a case of 'look let's have a beer and head to the pub and put your hands up if you don't want to play England'. It's not quite as simple as that. It's a lot more structured."
If the strike falls foul of employment law, any player refusing to play could be open to disciplinary action and could even have their contract terminated. However, given the high-profile and unique nature of the situation, Thursfield says she would be surprised if any player refusing to play was subjected to such punishment.
"If they haven't followed the law and the ballot is defective then any players that strike could be subjected to disciplinary proceedings or could even be fired. So there is a 'who blinks first?' sort of thing with this. If it is defective and players strike, it's about whether the union will take that measure and remove players.
"I'd be surprised [if that happened], it's very public and there are some big names in there. The PR fallout would be quite severe. But legally, they could terminate their contracts."
If the players did participate in any illegal strike action then their recognised union, the Welsh Rugby Players' Association, would have to repudiate their actions. If they didn't, it could face legal action.
If a ballot is held and members vote in favour of strike action, what is not clear is whether they would have to give notice to the WRU, the regions, or both. The international players are employed by the regions, but with 80% of their salaries paid by the union.
At one stage the WRPA received funding from the WRU. The WRPA has been contacted and asked if it has initiated a ballot of its members over possible strike action.
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