Trade Union Act 1984

Last updated

Trade Union Act 1984
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to make provision for election to certain positions in trade unions and with respect to ballots held in connection with strikes or other forms of industrial action; to require trade unions to compile and maintain registers of members' names and addresses; to amend the law relating to expenditure by trade unions and unincorporated employers' associations on political objects; and to amend sections 1 and 2 of the Employment Act 1980.
Citation 1984 c. 49
Dates
Royal assent 26 July 1984
Repealed16 October 1992
Other legislation
Repealed by Trade Union and Labour Relations (Consolidation) Act 1992
Status: Repealed
Text of statute as originally enacted

The Trade Union Act 1984 was a law in the United Kingdom that required all trade unions to hold a secret ballot before calling a strike. The majority of the act did not apply to trade unions based in Northern Ireland. [1] The act was repealed on 16 October 1992. [2] Sir Peter Bottomley, who is the current MP for Worthing West, reportedly said that the act was "designed to ensure that trade unions are more democratic and their leaders more accountable to their members." [3]

Contents

The act also required unions to elect a new general secretary every five years and to validate funds every ten years. [4]

Kenneth Clarke, who is a politician for the Conservative Party (UK) reported that, at a point approximately two years after the passing of the bill, 19 unions changed the practice to comply with the act. [5] The act also says that those who are in high up positions in the union must "be accountable to the membership [of the union] as a whole." [6]

Context

At the time the act was passed, the UK miner's strike had just started and, as a result, the government passed acts like this to limit the effect caused by strikes by this. Some people[ who? ] have said that the law was passed after the start of the Falklands War due to the increase in popularity for the government brought on by the conflict. [4]

Effect

The act limited the amount of industrial action by strengthening the requirements for a strike to be considered lawful. It also allowed the legality of the miners' strike to be questioned, as members of the National Union of Mineworkers were not given the chance to vote on this issue. [7]

As a result of this act, striking miners were not entitled to state benefits, thus forcing the majority of miners and their families to survive the strike on handouts, donations from the European "food mountain" and other charities. Being without benefits had more serious consequences for the miners and their families. Their children were not entitled to free school meals or social security help with school uniforms. Poverty and hunger became rife in the mining heartlands. This forced many miners into a dilemma: return to work, and be viewed as a "scab"; or maintain support and live primarily on donations, which is what the majority did.

Notes

  1. "TRADE UNION ACT 1984 (TUA 84)". European Foundation for the Improvement of Living and Working Conditions. Retrieved 3 July 2008.
  2. "Trade Union Act 1984 (repealed 16.10.1992) (c. 49)". Office of Public Sector Information. Retrieved 3 July 2008.
  3. Bottomley, Peter (5 March 1985). "Trade Unions (Reform)". Parliamentary Debates (Hansard) . Retrieved 3 July 2008.
  4. 1 2 Moher, James. "Trade unions and the law – history and a way forward?". historyandpolicy.org. Retrieved 3 July 2008.
  5. Clarke, Kenneth (21 January 1986). "Trade Union Ballots". Parliamentary Debates (Hansard) . Retrieved 3 July 2008.
  6. Ellis, Norman (8 December 1984). "Impact of the Trade Union Act 1984 on the BMA". British Medical Journal. 289 (6458): 1637–8. doi:10.1136/bmj.289.6458.1637. PMC   1443865 . PMID   6439354.
  7. Lockwood, Graeme. "THE IMPACT OF INDUSTRIAL ACTION BALLOTS ON TRADE UNION PROCEDURES, PRACTICES AND BEHAVIOUR: THE BRITISH CONTEXT" (PDF). King’s College London. Retrieved 3 July 2008.
Part of the 'effect' section is copied from UK miners' strike (1984–1985)

Related Research Articles

The Republic of South Africa is a unitary parliamentary democratic republic. The President of South Africa serves both as head of state and as head of government. The President is elected by the National Assembly and must retain the confidence of the Assembly in order to remain in office. South Africans also elect provincial legislatures which govern each of the country's nine provinces.

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

The Labor Management Relations Act of 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">1984–1985 United Kingdom miners' strike</span> Industrial action in British coal mining

The 1984–1985 United Kingdom miners' strike was a major industrial action within the British coal industry in an attempt to prevent colliery closures. It was led by Arthur Scargill of the National Union of Mineworkers (NUM) against the National Coal Board (NCB), a government agency. Opposition to the strike was led by the Conservative government of Prime Minister Margaret Thatcher, who wanted to reduce the power of the trade unions.

<span class="mw-page-title-main">Peter Bottomley</span> British Conservative politician

Sir Peter James Bottomley is a British Conservative Party politician who has served as a Member of Parliament (MP) since 1975, and who currently represents Worthing West. First elected at a by-election in the former constituency of Woolwich West, he served as its MP until its abolition at the 1983 general election, and then for the Eltham constituency which replaced it, until 1997. He moved to his current constituency at the 1997 general election.

<span class="mw-page-title-main">National Union of Mineworkers (Great Britain)</span> British coal mining trade union

The National Union of Mineworkers (NUM) is a trade union for coal miners in Great Britain, formed in 1945 from the Miners' Federation of Great Britain (MFGB). The NUM took part in three national miners' strikes, in 1972, 1974 and 1984–85. Following the 1984–85 strike, and the subsequent closure of most of Britain's coal mines, it became a much smaller union. It had around 170,000 members when Arthur Scargill became leader in 1981, a figure which had fallen in 2023 to an active membership of 82.

<span class="mw-page-title-main">Picketing</span> Form of protest, usually labor action

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.

<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">Strikebreaker</span> Person who works despite an ongoing strike

A strikebreaker is a person who works despite a strike. Strikebreakers are usually individuals who were not employed by the company before the trade union dispute but hired after or during the strike to keep the organization running. Strikebreakers may also refer to workers who cross picket lines to work.

<span class="mw-page-title-main">Union busting</span> Efforts to prevent or hinder unionization among workers

Union busting is a range of activities undertaken to disrupt or weaken the power of trade unions or their attempts to grow their membership in a workplace.

<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.

The Miners' Federation of Great Britain (MFGB) was established after a meeting of local mining trade unions in Newport, Wales in 1888. The federation was formed to represent and co-ordinate the affairs of local and regional miners' unions in England, Scotland and Wales whose associations remained largely autonomous. At its peak, the federation represented nearly one million workers. It was reorganised into the National Union of Mineworkers in 1945.

Joseph Gormley, Baron Gormley, OBE was President of the National Union of Mineworkers from 1971 to 1982, and a Labour peer.

<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.

Union democracy refers to the governance of trade unions, as well as the protection of the rights and interests of individual members. Modern usage of the term has focused on the extent to which election procedures ensure that the executives of a union most accurately represent the interests of the members.

<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.

James Walton was a British miner, trade unionist and politician who served as the Member of Parliament (MP) for Don Valley in Yorkshire from 1918 to 1922.

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">Arthur Scargill</span> British trade unionist (born 1938)

Arthur Scargill is a British trade unionist who was President of the National Union of Mineworkers (NUM) from 1982 to 2002. He is best known for leading the UK miners' strike (1984–85), a major event in the history of the British labour movement.

The history of trade unions in the United Kingdom covers British trade union organisation, activity, ideas, politics, and impact, from the early 19th century to the present.

<span class="mw-page-title-main">European Union (Withdrawal) Act 2018</span> United Kingdom legislation

The European Union (Withdrawal) Act 2018 is an Act of the Parliament of the United Kingdom to repeal the European Communities Act 1972, and for parliamentary approval to be required for any withdrawal agreement negotiated between the Government of the United Kingdom and the European Union. Initially proposed as the Great Repeal Bill, its passage through both Houses of Parliament was completed on 20 June 2018 and it became law by Royal Assent on 26 June.

References