By Douglas Brodie

Within the united kingdom the bought knowledge has tended to be that, traditionally, British hard work legislations was once abstentionist or non-interventionist, most sensible epitomized via the phrases of Lord Wedderburn who has written that ...collective bargaining has built in a process which relies little or no at the legislation, that's lined by way of only a few judgements of the judges, and that is managed by means of statute little or no, if in any respect. it's not until eventually we succeed in the economic family Act 1971 that we find the 1st try in peacetime to maneuver to a legally regulated process. even if, the accuracy of this non-interventionist depiction looks to a great deal rely on the interval that's tested, that's why an historic viewpoint is required in an effort to comprehend the importance of the present form and scope of British exertions legislations. This paintings re-examines the got interpretation by way of taking a look at either the position given to legislation, and that expected and argued for it, in the course of the such a lot formative interval of its improvement, the interval among 1867 and 1945. The publication additionally revisits the controversy approximately war-time laws which has tended to be considered as status except mainstream exertions legislations, yet which the writer demonstrates to have vital linkages to the prior and current.

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2E. &B. 216. Ibid at 231. (1895) 72 LT 342. (1892) 8 TLR 549. 17 A decision to the contrary would have greatly increased the extent to which trade union officials might be harassed by the threat of litigation. The prospect of such an extension in liability was clearly found disturbing by at least one of the majority in the Lords: I can imagine no greater danger to the community than that a jury should be at liberty to impose the penalty of paying damages for acts which are otherwise lawful, because they choose, without any legal definition of the term, to say that they are malicious.

Nevertheless, they played an important part in persuading trade unionists to demand complete repeal of the Criminal Law Amendment Act and that this aim should be furthered by means, not only of lobbying of sympathetic MPs, but also a broader political campaign. 59 The positivists themselves sought a Labour party independent of the Liberals. 57 58 59 (1906) 22 TLR 327 at p 329 per Vaughan-Williams, LJ. Parl. 1875, vol 225, col 1582. Harrison, above n 37, p 360. 24 A History of British Labour Law 1867-1945 The 1875 Act is best viewed as a means of consolidating and strengthening the 1871 settlement.

LITIGATION During the 1880s there appears to have been very little in the way of litigation brought against trade unions. The explanation most often given for this is the economic depression which existed during much of this decade and which reduced trade union activity. It is then argued that employers had little need to have recourse to law. This was to change during the 1890s when employers had much more extensive recourse to the courts. It should also be said that the beginning of the decade was notable for the emergence of 'new unionism' and this phenomenon appears to have considerably exacerbated establishment 1 HA Clegg et al, A History of British Trade Unions Since 1889 vol 1 1889-1910, Appendix (Oxford: Clarendon Press, 1964).

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