Trade Union and Labour Relations Act 1974

Last updated

Trade Union and Labour Relations Act 1974
Act of Parliament
Coat of arms of the United Kingdom (2022, variant 1).svg
Long title An Act to repeal the Industrial Relations Act 1971; to make provision with respect to the law relating to trades union, employers' associations, workers and employers, including the law relating to unfair dismissal, and with respect to the jurisdiction and procedure of industrial tribunals; and for connected purposes.
Citation 1974 c. 52
Territorial extent United Kingdom
Dates
Royal assent 31 July 1974
Other legislation
Repealed by
Status: Repealed
Text of statute as originally enacted

The Trade Union and Labour Relations Act 1974 (c. 52) (TULRA) was a UK Act of Parliament (now repealed) on industrial relations.

The Act contains rules on the functioning and legal status of trade unions, the presumption that a collective agreement is not binding, and immunity of unions who take strike action in contemplation or furtherance of a trade dispute. Together with the Employment Protection Act 1975, [1] TULRA formed the basis of the Labour Party's employment law programme under the "Social Contract" initiative.

Background

The Trade Union and Labour Relations Act 1974 was introduced by the Labour Government which succeeded Edward Heath's Conservative administration. TULRA both repealed and replaced the Industrial Relations Act 1971 which had been introduced by Heath's employment minister Robert Carr. The 1971 Act had faced massive opposition from the trade unions, whose industrial action contributed to Heath's implementation of the Three-Day Week and ultimately to the defeat of the government. [2]

The victorious Labour Party promptly repealed the Industrial Relations Act 1971, replacing it with their own legislation that was to incorporate the principles within Barbara Castle's 1969 white paper, "In Place of Strife". However, although the Trade Union and Labour Relations Act 1974 scrapped the 1971 Act's "offensive" provisions, it nevertheless effectively re-enacted the remaining bulk of Carr's statute. [3]

The Trade Union and Labour Relations Act 1974 was itself repealed, being replaced by the Trade Union and Labour Relations (Consolidation) Act 1992, whose main provisions mirror its predecessor's, albeit now with more complexities and restrictions. It contains rules on trade unions functioning and legal status, the presumption that a collective agreement is not binding, and immunity of unions who take strike action in contemplation or furtherance of a trade dispute.

Related Research Articles

<span class="mw-page-title-main">Taft–Hartley Act</span> 1947 U.S. federal law regulating labor unions

The Labor Management Relations Act, 1947, better known as the Taft–Hartley Act, is a United States federal law that restricts the activities and power of labor unions. It was enacted by the 80th United States Congress over the veto of President Harry S. Truman, becoming law on June 23, 1947.

<span class="mw-page-title-main">United Kingdom labour law</span>

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.

<span class="mw-page-title-main">Robert Carr</span> British politician

Leonard Robert Carr, Baron Carr of Hadley, was a British Conservative Party politician who served as Home Secretary from 1972 to 1974. He served as a Member of Parliament (MP) for 26 years, and later served in the House of Lords as a life peer.

<span class="mw-page-title-main">In Place of Strife</span> 1969 UK Government white paper

In Place of Strife was a UK Government white paper written in 1969. It was a proposed act to use the law to reduce the power of trade unions in the United Kingdom, but was never passed into law. The title of the paper was a reworking of the title of Nye Bevan's book In Place of Fear.

<span class="mw-page-title-main">Industrial Relations Act 1971</span> United Kingdom legislation

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.

<span class="mw-page-title-main">Trade Union and Labour Relations (Consolidation) Act 1992</span> United Kingdom legislation

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.

<span class="mw-page-title-main">Employment Act 1982</span> United Kingdom legislation

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.

<span class="mw-page-title-main">Trade Disputes Act 1906</span> United Kingdom legislation

The Trade Disputes Act 1906 was an Act of the Parliament of the United Kingdom passed under the Liberal government of Sir Henry Campbell-Bannerman. The Act declared that unions could not be sued for damages incurred during a strike.

Trade unions in Ghana first emerged in the 1920s and have played an important role in the country's economy and politics ever since.

<span class="mw-page-title-main">Trade Disputes and Trade Unions Act 1927</span> United Kingdom legislation

The Trade Disputes and Trade Unions Act 1927 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.

A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company that regulates the terms and conditions of employees at work. This includes regulating the wages, benefits, and duties of the employees and the duties and responsibilities of the employer or employers and often includes rules for a dispute resolution process.

The Trade Union Freedom Bill is a proposal by the United Kingdom Trades Union Congress for legislation which would give greater freedom to unions and their members to collectively bargain and take action to support their interests Rights and Freedoms Bill 2006-07. It was proposed in 2006, the centenary of the Trade Disputes Act 1906, the founding statute by which unions taking strike action are not liable to employers for the lost profits of business, so long as the action is taken "in contemplation or furtherance of a trade dispute." The bill was introduced by John McDonnell

Intention to create legal relations, otherwise an "intention to be legally bound", is a doctrine used in contract law, particularly English contract law and related common law jurisdictions.

<i>Wilson and Palmer v United Kingdom</i>

Wilson v United Kingdom [2002] ECHR 552 is a United Kingdom labour law and European labour law case concerning discrimination by employers against their workers who join and take action through trade unions. After a long series of appeals through the UK court system, the European Court of Human Rights held that ECHR article 11 protects the fundamental right of people to join a trade union, engage in union related activities and take action as a last resort to protect their interests.

The Royal Commission on Trade Unions and Employers' Associations was an inquiry into the system of collective UK labour law, chaired by Lord Donovan and heavily influenced by the opinions of Hugh Clegg. Its report, known as the "Donovan Report", was issued in 1968.

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.

<span class="mw-page-title-main">Employment Relations Act 2004</span> United Kingdom legislation

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.

South African labour law regulates the relationship between employers, employees and trade unions in the Republic of South Africa.

London Underground Ltd v National Union of Railwaymen, Maritime and Transport Staff [1996] ICR 170 is a UK labour law case, concerning the right to strike.

References

  1. The Employment Protection Act 1975 was replaced by the Employment Rights Act 1996
  2. Simon Honeyball (2014). Honeyball and Bowers' Textbook on Employment Law. Oxford University Press. p. 7. ISBN   978-0-19-968562-2.
  3. "Industrial Law" - Elliott & Wood - Sweet & Maxwell