Employers and Workmen Act 1875

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Employers and Workmen Act 1875 [a]
Act of Parliament
Coat of Arms of the United Kingdom (1837).svg
Parliament of the United Kingdom
Long title An Act to enlarge the powers of County Courts in respect of disputes between Employers and Workmen, and to give other Courts a limited civil jurisdiction in respect of such disputes.
Citation 38 & 39 Vict. c. 90
Territorial extent 
[b]
Dates
Royal assent 13 August 1875
Commencement 1 September 1875, except so far as the act authorised any thing to be done at any time after 13 August 1875 [c]
Repealed18 July 1973
Other legislation
Repealed by Statute Law (Repeals) Act 1973
Relates to Conspiracy, and Protection of Property Act 1875
Status: Repealed
Text of statute as originally enacted

The Employers and Workmen Act 1875 (38 & 39 Vict. c. 90) [1] was an act of the Parliament of the United Kingdom, relating to labour relations, which together with the Conspiracy and Protection of Property Act 1875 (38 & 39 Vict. c. 86), 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's second administration. [2]

Contents

The act extended to Ireland, which at that time was part of the United Kingdom.

The whole act was repealed for Great Britain by the Statute Law (Repeals) Act 1973.

Background

The act purported to place both sides of industry in equal footing allowing all breaches of contract to be covered by civil law. Prior to the act, employers were subjected to civil law which could result in a fine while employees could be subjected to criminal law which may have led to a fine and imprisonment. Disraeli proudly commented, "We have settled the long and vexatious contest between capital and labour" and hoped this would "gain and retain for the Conservatives the lasting affection of the working classes".[ citation needed ]

Provisions

Section 3(3) of the act was interpreted by the courts to allow an award of specific performance for completion of work.

Section 4 of the act was interpreted to mean that a worker who was absent from work could be prosecuted and pay damages to his employer (even if the employer could not show a monetary loss on ordinary principles).

Section 15 of the act noted that in Ireland, the senior judicial officer was the Lord Chancellor of Ireland and the county courts in Ireland were known as the Civil Bill Courts.

Short title, commencement and extent

Section 1 of the act provided that the act may be cited as the Employers and Workmen Act 1875.

Section 2 of the act provided that the act would come into force on 1 September 1875, except so far as the act authorised any thing to be done at any time after 13 August 1875.

See also

Notes

  1. ↑ Section 1.
  2. ↑ Sections 14 and 15.
  3. ↑ Section 2.

References

  1. ↑ Book (eISB), electronic Irish Statute. "electronic Irish Statute Book (eISB)". www.irishstatutebook.ie. Retrieved 19 April 2025.
  2. ↑ "Governments, Labour, and the Law in Mid-Victorian Britain: The Trade Legislation of the 1870s". www.bsos.umd.edu. Archived from the original on 16 July 2012. Retrieved 19 April 2025.
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