Act of Parliament | |
Long title | An Act to declare and amend the law relating to trade disputes and trade unions; to regulate the position of civil servants and persons employed by public authorities in respect of membership of trade unions and similar organisations; to extend section five of the Conspiracy and Protection of Property Act 1875; and for other purposes connected with the purposes aforesaid. |
---|---|
Citation | 17 & 18 Geo. 5. c. 22 |
Introduced by | Sir Douglas Hogg |
Territorial extent | United Kingdom |
Dates | |
Royal assent | 29 July 1927 |
Commencement | 29 July 1927 |
Repealed | 22 May 1946 |
Other legislation | |
Repealed by | Trade Disputes and Trade Unions Act 1946, section 1 |
Relates to | |
Status: Repealed |
The Trade Disputes and Trade Unions Act 1927 (17 & 18 Geo. 5. c. 22) was a British Act of Parliament passed in response to the General Strike of 1926, introduced by the Attorney General for England and Wales, Sir Douglas Hogg MP. [1] [2]
The Act declared unlawful secondary action and any strike whose purpose was to coerce the government of the day directly or indirectly. These provisions were declaratory insofar as such strikes had already been ruled unlawful by Astbury, J in the National Sailors' and Firemen's Union v Reed . [3] The Act reaffirmed his judgment and gave it the force of statute law. In addition, incitement to participate in an unlawful strike was made a criminal offence, punishable by imprisonment for up to two years; and the attorney general was empowered to sequester the assets and funds of unions involved in such strikes. [4]
Section 3 of the Act declared unlawful mass picketing which gave rise to the intimidation of a worker. [5]
Section 4 of the Act mandated trade union members to contract-in to any political levy which their union made on their behalf. This resulted in an 18% fall in the income of the Labour Party, which was heavily reliant upon union funding. [6]
Section 5 of the Act enjoined civil service unions from affiliation to the TUC and forbade them from having political objectives. [7] [2]
The Act was particularly resented by the trade union movement and the Labour Party. Indeed, one Labour MP described it as "a vindictive Act, and one of the most spiteful measures that was ever placed upon the Statute Book". [8] The second minority Labour government introduced a bill to repeal various provisions of the Act in 1931 [9] which was not passed. The Act was eventually repealed by section 1 of the Trade Disputes and Trade Unions Act 1946. [10]
Following the election of Margaret Thatcher, the Conservative Party reintroduced their ban on secondary action, first with restrictions in the Employment Act 1980 and finally banning it altogether in the Employment Act 1990. This is now codified in the Trade Union and Labour Relations (Consolidation) Act 1992.
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt.
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".
Solidarity action is industrial action by a trade union in support of a strike initiated by workers in a separate corporation, but often the same enterprise, group of companies, or connected firm.
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 Canada Labour Code is an Act of the Parliament of Canada to consolidate certain statutes respecting labour. The objective of the Code is to facilitate production by controlling strikes & lockouts, occupational safety and health, and some employment standards.
Amalgamated Society of Railway Servants v Osborne [1910] AC 87 is a UK labour law case, which ruled that it was unlawful for trade unions to use funds raised from their subscriptions for political purposes.
The Industrial Relations Act 1971 was an act of the Parliament of the United Kingdom, since repealed. It was based on proposals outlined in the governing Conservative Party's manifesto for the 1970 general election. The goal was to stabilize industrial relations by forcing concentration of bargaining power and responsibility in the formal union leadership, using the courts. The act was intensely opposed by unions, and helped undermine the government of Edward Heath. It was repealed by the Trade Union and Labour Relations Act 1974 when the Labour Party returned to government.
The Trade Union and Labour Relations (Consolidation) Act 1992 is a UK Act of Parliament which regulates United Kingdom labour law. The act applies in full in England and Wales and in Scotland, and partially in Northern Ireland.
The Employment Act 1982 is an Act of the Parliament of the United Kingdom, mainly relating to trade unions. It increased compensation for those dismissed because of the closed shop and restricted the immunities enjoyed by trade unions.
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.
The Offences Against the Person Act 1828, also known as Lord Lansdowne's Act, was an act of the Parliament of the United Kingdom that consolidated for England and Wales provisions in the law related to offences against the person from a number of earlier piecemeal statutes into a single act. Among the laws it replaced was clause XXVI of Magna Carta, the first time any part of Magna Carta was repealed, and the Buggery Act 1533. The act also abolished the crime of petty treason.
The Offences Against the Person Act 1837 was an act of the Parliament of the United Kingdom that amended the law to lessen the severity of punishment of offences against the person, lessening the severity of the punishment of offences.
The Trade Union and Labour Relations Act 1974 (TULRA) was a UK Act of Parliament on industrial relations.
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 Forgery Act 1837 was an act of the Parliament of the United Kingdom that abolished the punishment of the death penalty for all offences of forgery, substituting it for transportation or imprisonment.
The Employment Relations Act 2004 is an Act of the Parliament of the United Kingdom which amended UK law regarding trade union membership and industrial action. The Act also enabled the UK government to make funds available to trade unions and federations of trade unions to modernise their operations.
The Criminal Statutes Repeal Act 1861(24 & 25 Vict. c. 95) was an act of the Parliament of the United Kingdom that repealed for England and Wales and Ireland statutes relating to the English criminal law from 1634 to 1860. The act was intended, in particular, to facilitate the preparation of a revised edition of the statutes.
The Forgery, Abolition of Punishment of Death Act 1832 was an act of the Parliament of the United Kingdom that for the United Kingdom the death penalty for all offences of forgery, except for forging wills and certain powers of attorney.
The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 is a statutory instrument of the Parliament of the United Kingdom. The regulations removed Regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, which prevented employment agencies from supplying agency workers to employers to replace workers taking part in official industrial action. The regulations were struck down in a High Court case in July 2023, and were quashed from 10 August 2023.