Act of Parliament | |
Long title | An Act for amending the Law relating to Conspiracy, and to the Protection of Property, and for other purposes. |
---|---|
Citation | 38 & 39 Vict. c. 86 |
Dates | |
Royal assent | 13 August 1875 |
Commencement | 1 September 1875. [b] |
Other legislation | |
Repeals/revokes | Statute of Artificers 1562 |
Amended by | |
Repealed by | Statute Law (Repeals) Act 2008 |
Status: Repealed | |
Text of the Conspiracy, and Protection of Property Act 1875 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
The Conspiracy and Protection of Property Act 1875 (38 & 39 Vict. c. 86) is an Act of the Parliament of the United Kingdom relating to labour relations, which together with the Employers and Workmen Act 1875, fully decriminalised the work of trade unions. Based on an extension of the conclusions of the Cockburn Commission, it was introduced by a Conservative government under Benjamin Disraeli. [1]
The Act held that a trade union could not be prosecuted for act which would be legal if conducted by an individual. [2] This meant that labour disputes were civil matters, not for consideration by criminal courts. [1] One result of this was that picketing was decriminalised. [3] The law also made certain forms of stalking illegal. [4]
Sections 6 and 7 of this Act were repealed for the Republic of Ireland by the Non-Fatal Offences Against the Person Act 1997, section 31 and schedule.
The Act has been repealed by the Statute Law (Repeals) Act 2008 (c. 12), Schedule 1, Part 3.
The provisions of the Conspiracy and Protection of Property Act 1878 of South Australia, [5] the Conspiracy and Protection of Property Act 1889 of Tasmania, [6] and the Conspiracy and Protection of Property Act 1900 of Western Australia, [7] were derived from the Conspiracy and Protection of Property Act 1875.
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £11.44 for over-23-year-olds from April 2023 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities or NHS foundation trusts, staff can vote for the directors of the organisation. In enterprises with over 50 staff, workers must be negotiated with, with a view to agreement on any contract or workplace organisation changes, major economic developments or difficulties. The UK Corporate Governance Code recommends worker involvement in voting for a listed company's board of directors but does not yet follow international standards in protecting the right to vote in law. Collective bargaining, between democratically organised trade unions and the enterprise's management, has been seen as a "single channel" for individual workers to counteract the employer's abuse of power when it dismisses staff or fix the terms of work. Collective agreements are ultimately backed up by a trade union's right to strike: a fundamental requirement of democratic society in international law. Under the Trade Union and Labour Relations (Consolidation) Act 1992 strike action is protected when it is "in contemplation or furtherance of a trade dispute".
Picketing is a form of protest in which people congregate outside a place of work or location where an event is taking place. Often, this is done in an attempt to dissuade others from going in, but it can also be done to draw public attention to a cause. Picketers normally endeavor to be non-violent. It can have a number of aims but is generally to put pressure on the party targeted to meet particular demands or cease operations. This pressure is achieved by harming the business through loss of customers and negative publicity, or by discouraging or preventing workers or customers from entering the site and thereby preventing the business from operating normally.
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828, incorporating subsequent statutes.
Trade unions in the United Kingdom emerged in the early 19th century, but faced punitive laws that sharply limited their activities. They began political activity in the late 19th century and formed an alliance with the Liberal Party in the early 20th century. The grew rapidly 1900 to 1920, lost their legal disabilities, and were well established by the 1920s. Union members largely switched from Liberal to the new Labour Party. Its leader Ramsay MacDonald became prime minister in 1924 briefly, and then again in 1929. In the 1980s Margaret Thatcher's Conservative governments weakened the powers of the unions by making it more difficult to strike legally. Most British unions are members of the TUC, the Trades Union Congress, or where appropriate, the Scottish Trades Union Congress or the Irish Congress of Trade Unions, which are the country's principal national trade union centres.
The Criminal Law Amendment Act 1871 is an Act of Parliament|Act of the Parliament of the United Kingdom passed by W. E. Gladstone's Liberal Government. It was passed on the same day as the Trade Union Act 1871.
Truck Acts is the name given to legislation that outlaws truck systems, which are also known as "company store" systems, commonly leading to debt bondage. In England and Wales such laws date back to the 15th century.
An Appropriation Act is an Act of the Parliament of the United Kingdom which, like a Consolidated Fund Act, allows the Treasury to issue funds out of the Consolidated Fund. Unlike a Consolidated Fund Act, an Appropriation Act also "appropriates" the funds, that is allocates the funds issued out of the Consolidated Fund to individual government departments and Crown bodies. Appropriation Acts were formerly passed by the Parliament of Great Britain.
The Workmen's Compensation Act 1897 was a British law in operation from 1897 to 1946. Joseph Chamberlain, leader of the Liberal Unionist party and in coalition with the Conservatives, designed a plan that was enacted under the Salisbury government in 1897. The act was a key domestic achievement. It served its social purpose at no cost to the government, since employers were required to cover medical costs of injuries on the job. It replaced the Employers' Liability Act 1880, which gave the injured worker the right to sue the employer but put the burden of proof on the employee. After 1897, injured employees had only to show that they had been injured on the job. The act was modelled on German law, where roughly the same rights were awarded to workers in their 1884 law. However, the Workmen's Compensation Act 1897 did not require any form of risk pooling, such as insurance, on the part of the employers. As pointed out in the International Labour Organization 1935 "Report on Social Insurance", compulsory insurance was only introduced in 1934, and only for coal miners at first. The act was replaced by an expanded scheme under the Workmen's Compensation Act 1906, whereby insurance became mandatory on the part of the employers, thus introducing the first social insurance scheme into the British case.
Benjamin Disraeli's tenure as prime minister of the United Kingdom of Great Britain and Ireland began when Queen Victoria first invited him to form a government in 1864. He was then the Conservative prime minister on two occasions, first in 1868 and then between 1874 and 1880.
The History of labour law in the United Kingdom concerns the development of UK labour law, from its roots in Roman and medieval times in the British Isles up to the present. Before the Industrial Revolution and the introduction of mechanised manufacture, regulation of workplace relations was based on status, rather than contract or mediation through a system of trade unions. Serfdom was the prevailing status of the mass of people, except where artisans in towns could gain a measure of self-regulation through guilds.The law of the land was, under the Act of Apprentices 1563, that wages in each district should be assessed by Justices of the Peace. From the middle of the 19th century, through Acts such as the Master and Servant Act 1867 and the Employers and Workmen Act 1875, there became growing recognition that greater protection was needed to promote the health and safety of workers, as well as preventing unfair practices in wage contracts.
The Trade Union Act 1871 was an act of the Parliament of the United Kingdom which legalised trade unions for the first time in the United Kingdom. This was one of the founding pieces of legislation in UK labour law, though it has today been superseded by the Trade Union and Labour Relations (Consolidation) Act 1992.
Indian labour law refers to law regulating labour in India. Traditionally, the Indian government at the federal and state levels has sought to ensure a high degree of protection for workers, but in practice, this differs due to the form of government and because labour is a subject in the concurrent list of the Indian Constitution. The Minimum Wages Act 1948 requires companies to pay the minimum wage set by the government alongside limiting working weeks to 40 hours. Overtime is strongly discouraged with the premium on overtime being 100% of the total wage. The Payment of Wages Act 1936 mandates the payment of wages on time on the last working day of every month via bank transfer or postal service. The Factories Act 1948 and the Shops and Establishment Act 1960 mandate 15 working days of fully paid vacation leave and 7 casual leaves each year to each employee, with an additional 7 fully paid sick days. The Maternity Benefit (Amendment) Act, 2017 gives female employees of every company the right to take 6 months' worth of fully paid maternity leave. It also provides for 6 weeks worth of paid leaves in case of miscarriage or medical termination of pregnancy. The Employees' Provident Fund Organisation and the Employees' State Insurance, governed by statutory acts provide workers with necessary social security for retirement benefits and medical and unemployment benefits respectively. Workers entitled to be covered under the Employees' State Insurance are also entitled to 90 days worth of paid medical leaves. A contract of employment can always provide for more rights than the statutory minimum set rights. The Indian parliament passed four labour codes in the 2019 and 2020 sessions. These four codes will consolidate 44 existing labour laws. They are: The Industrial Relations Code 2020, The Code on Social Security 2020, The Occupational Safety, Health and Working Conditions Code, 2020 and The Code on Wages 2019. Despite having one of the longest working hours, India has one of the lowest workforce productivity levels in the world.
The Short Titles Act 1896 is an act of the Parliament of the United Kingdom. It replaces the Short Titles Act 1892.
The Sanitary Act 1866, sometimes called the Public Health Act 1866, was an Act of the Parliament of the United Kingdom. The Act allowed the formation of drainage districts and enabled the provision of better house drainage. The second part of the Act dealt with nuisances and stated that it was the duty of councils to locate nuisances and remove them.
The Employers and Workmen Act 1875 was an Act of the Parliament of the United Kingdom, enacted during Benjamin Disraeli's second administration. The Act extended to Ireland, which at that time was part of the United Kingdom. This Act was repealed for Great Britain by the Statute Law (Repeals) Act 1973.
The Piracy Act 1850, sometimes called the Pirates Repeal Act 1850, is an Act of the Parliament of the United Kingdom. It relates to proceedings for the condemnation of ships and other things taken from pirates and creates an offence of perjury in such proceedings.
The Master and Servant Act 1867 was an Act of Parliament of the United Kingdom which sought to criminalize breach of contract by workers against their employers. Although it did still give employers and prosecutors warrant to prosecute breach of contract the act was more progressive than the former standard set by the 1825 Combination Act whereby employees seeking to form labor unions and such could be prosecuted for criminal conspiracy in restraint of trade. Under the new standard employees could only be charged for "aggrevated cases" and breach of contract, which was at the time seen as an improvement. The Employers and Workmen Act 1875 was passed in substitution for this Act.
Collective action in the United Kingdom including the right to strike in UK labour law is the main support for collective bargaining. Although the right to strike has attained the status, since 1906, of a fundamental human right, protected in domestic case law, statute, the European Convention on Human Rights and international law, the rules in statute have generated significant litigation. The "right of workers to engage in a strike or other industrial action" is expressly recognised in the Trade Union and Labour Relations (Consolidation) Act 1992 section 180, and has been recognised repeatedly by the Court of Appeal as "a fundamental human right"., and the House of Lords.
The Statute Law (Repeals) Act 1977 is an Act of the Parliament of the United Kingdom.