History of labour law in the United Kingdom
Encyclopedia
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 union
s. Serfdom
was the prevailing status of the mass of people, except where artisans in towns could gain a measure of self regulation through guild
s. In 1740 save for the fly-shuttle
the loom
was as it had been since weaving
had begun. 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 Employer and Workman 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.
It has also been shown how greatly a fresh spirit of enterprise in industry and trade was stimulated first by the Danish and next by the Norman
invasion; the former brought in a vigour shown in growth of villages, increase in number of freemen, and formation of trading towns; the latter especially opened up new communications with the most civilised continental people, and was followed by a considerable immigration
of artisans, particularly of Flemings. In Saxon England slavery in the strictest sense existed, as is shown in the earliest English laws, but it seems that the true slave class as distinct from the serf class was comparatively small, and it may well be that the labour of an ordinary serf was not practically more severe, and the remuneration in maintenance and kind not much less than that of agricultural labourers in recent times. In spite of the steady protest of the Church, slavery (as the exception, not the general rule) did not die out for many centuries, and was apt to be revived as a punishment for criminals, e.g. in the fierce provisions of the statute of Edward VI against beggars, not repealed until 1597. At no time, however, was it general, and as the larger village and city populations grew the ratio of serfs and slaves to the freemen in the whole population rapidly diminished, for the city populations "had not the habit and use of slavery," and while serfs might sometimes find a refuge in the cities from exceptionally severe taskmasters," there is no doubt that freemen gradually united with them under the lord's protection, that strangers engaged in trade sojourned among them, and that a race of artisans gradually grew up in which original class feelings were greatly modified."
Boroughs, gilds and agricultural labour
From these conditions grew two parallel tendencies in regulation of labour. On the one hand there was, under royal charters, the burgh
or municipal organisation and control of artisan and craft labour, passing later into the more specialised organisation in craft guilds; on the other hand, there was a necessity, sometimes acute, to prevent undue diminution in the numbers available for husbandry or agricultural labour. To the latter cause must be traced a provision appearing in a succession of statutes (see especially an act of Richard II
., 1388), that a child under twelve years once employed in agriculture might never be transferred to apprenticeship
in a craft. The steady development of England, first as a woolgrowing, later as a cloth-producing country, would accentuate this difficulty. During the 13th century, side by side with development of trading companies for the export of wool
from England, may be noted many agreements on the part of monasteries to sell their wool to Florentines, and during the same century absorption of alien
artisans into the municipal system was practically completed. Charters of Henry I
. provided for naturalisation of these aliens.
against ecclesiastical orders. The Statutes of Edward I, says Dr. Cunningham, "mark the first attempt to deal with Industry and Trade as a public matter which concerns the whole state, not as the particular affair of leading men in each separate locality." The first direct legislation for labour by statute, however, is not earlier than the twenty-third year of the reign of Edward III., and it arose in an attempt to control the decay and ruin, both in rural and urban districts, which followed the Hundred Years' War
, and the pestilence known as the Black Death
. This first Statute of Labourers was designed for the benefit of the community, not for the protection of labour or prevention of oppression, and the policy of enforcing customary wages and compelling the able-bodied labourer, whether free or bond, not living in merchandise or exercising any craft, to work for hire at recognised rates of pay, must be reviewed in the circumstances and ideals of the time.
Regulation generally in the Middle Ages
aimed at preventing any individual or section of the community from making what was considered an exceptional profit through the necessity of others. The scarcity of labour by the reduction of the population through pestilence was not admitted as a justification for the demands for increased pay, and while the unemployed labourer was liable to be committed to jail
if he refused service at current rates, the lords of the towns or manors who promised or paid more to their servants were liable to be sued treble the sum in question. Similar restrictions were made applicable to artificers and workmen. By another statute, two years later, labourers or artificers who left their work and went into another county were liable to be arrested by the sheriff
and brought back. These and similar provisions with similar aims were confirmed by statutes of 1360, 1368 and 1388, but the act of 1360, while prohibiting " all alliances and covins of masons, carpenters, congregations, chapters, ordinances and oaths betwixt them made," allowed " every lord to bargain
or covenant for their works in gross
with such labourers and artificers when it pleaseth them, so that they perform such works well and lawfully according to the bargain and covenant with them thereof made."
Powers were given by the acts of 1368 and 1388 to justices to determine matters under these statutes and to fix wages. Records show that workmen of various descriptions were pressed by writs addressed to sheriffs to work for their king at wages regardless of their will as to terms and place of work. These proceedings were founded on notions of royal prerogative
, of which impressment
of seamen survived as an example to a far later date. By an act of 1388 no servant or labourer, man or woman, however, could depart out of the hundred to serve elsewhere unless bearing a letter patent under the king's seal
stating the cause of going and time of return. Such provisions would appear to have widely failed in their purpose, for an act of 1414 declares that the servants and labourers fled from county to county, and justices were empowered to send writs to the sheriffs for fugitive labourers as for felons, and to examine labourers, servants and their masters, as well as artificers, and to punish them on confession
.
. In winter the outside limits were fixed by the length of daylight.
Cloth manufacture
Throughout the 15th century the rapidly increasing manufacture of cloth was subject to a regulation which aimed at maintaining the standard of production and prevention of bad workmanship, and the noteworthy statute 4 Edward IV. c. 1, while giving power to royal officers to supervise size of cloths, modes of sealing, etc., also repressed payment to workers in " pins, girdles and unprofitable wares," and ordained payment in true and lawful money. This statute (the first against "truck
") gives an interesting picture of the way in which clothiers—or, as we should call them, wholesale merchants and manufacturers—delivered wool to spinners, carders, etc., by weight, and paid for the work when brought back finished. It appears that the work was carried on in rural as well as town districts. While this industry was growing and thriving other trades remained backward, and agriculture was in a depressed condition. Craft gilds had primarily the same purpose as the Edwardian statutes, that is, of securing that the public should be well served with good wares, and that the trade and manufacture itself should be on a sound basis as to quality of products and should flourish. Incidentally there was considerable regulation by the gilds of the conditions of labour, but not primarily in the interests of the labourer. Thus night work was prohibited because it tended to secrecy and so to bad execution of work; working on holidays was prohibited to secure fair play between craftsmen and so on. The position of apprentices was made clear through indentures, but the position of journeymen was less certain. Signs are not wanting of a struggle between journeymen and masters, and towards the end of the 15th century masters themselves, in at least the great wool trade, tended to develop from craftsmen into something more like the modern capitalist employer; from an act of 1555 touching weavers it is quite clear that this development had greatly advanced and that cloth-making was carried on largely by employers with large capitals. Before this, however, while a struggle went on between the town authorities and the craft gilds, journeymen began to form companies of their own, and the result of the various conflicts may be seen in an act of Henry VI
, providing that in future new ordinances of gilds shall be submitted to justices of the peace—a measure which was strengthened in 1503.
and methods of dealing with the increase of pauperism
, attributable, at least in part, to the Dissolution of the Monasteries
under Henry VIII
., and to the confiscation
of craft gild funds, which proceeded under the Lord Protector Somerset and Edward VI. It is sufficient here to point to the general recognition of the public right to compel labourers to work and thus secure control of unemployed as well as employed. The statutes of Henry VIII. and Edward VI. against vagrancy differed rather in degree of severity than in principle from legislation for similar purposes in previous and subsequent reigns. The Statute of Labourers, passed in the fifth year of Elizabeth I of England
's reign (1562), as well as the poor law
of the same year, was to a considerable extent both a consolidating and an amending code of law, and was so securely based on public opinion and deeply rooted custom that it was maintained in force for two centuries. It avowedly approves of principles and aims in earlier acts, regulating wages, punishing refusal to work, and preventing free migration
of labour. It makes, however, a great advance in its express aim of protecting the poor labourer against insufficient wages, and of devising a machinery, by frequent meeting of justices, which might yield "unto the hired person both in time of scarcity and in time of plenty a convenient proportion of wages." Minute regulations were made governing the contract between master and servant, and their mutual rights and obligations on parallel lines for (a) artificers, (b) labourers in husbandry. Hiring
was to be by the year, and any unemployed person qualified in either calling was bound to accept service on pain of imprisonment, if required, unless possessed of property of a specified amount or engaged in art, science or letters, or being a " gentleman
." Persons leaving a service were bound to obtain a testimonial, and might not be taken into fresh employment without producing such testimonial, or, if in a new district, until after showing it to the authorities of the place. A master might be fined or a labourer imprisoned, and if contumacious, whipped, for breach of this rule. The carefully devised scheme for technical training of apprentices embodied to a considerable extent the methods and experiences of the craft gilds. Hours of labour were as follows: "All artificers and labourers being hired for wages by the day or week shall, betwixt the midst of the months of March and September, be and continue at their work at or before 5 o'clock in the morning and continue at work and not depart until betwixt 7 and 8 o'clock at night, except it be in the time of breakfast, dinner or drinking, the which time at the most shall not exceed two hours and a half in a day, that is to say, at every drinking half an hour, for his dinner one hour and for his sleep when he is allowed to sleep, the which is from the midst of May to the midst of August, half an hour; and all the said artificers and labourers betwixt the midst of September and the midst of March shall be and continue at their work from the spring of the day in the morning until the night of the same day, except it be in time afore appointed for breakfast and dinner, upon pain to lose and forfeit one penny
for every hour's absence, to be deducted and defaulted out of his wages that shall so offend." Although the standpoint of the Factory Act and Truck Act in force at the beginning of the 20th century as regards hours of labour or regulation of fines deducted from wages is completely reversed, yet the difference is not great between the average length of hours of labour permissible under the present law for women and those hours imposed upon the adult labourer in Elizabeth's statute. Apart from the standpoint of compulsory imposition of fines, one advantage in the definiteness of amount deductible from wages would appear to lie on the side of the earlier statute.
Three points remain to be touched on in connexion with the Elizabethan poor law. In addition to (a) consolidation of measures for setting vagrants to work, we find the first compulsory contributions from the well-to-do towards poor relief there provided for, (b) at least a theoretical recognition of a right as well as an obligation
on the part of the labourer to be hired, (c) careful provision for the apprenticing of destitute children and orphans to a trade.
Scotland
One provision of considerable interest arose in Scotland, which was nearly a century later in organizing provisions for fixing conditions of hire and wages of workmen, labourers and servants, similar to those consolidated in the Elizabethan Statute of Labourers. In 1617 it was provided (and reaffirmed in 1661) that power should be given to the sheriffs to compel payment of wages, "that servants may be the more willing to obey the ordinance
." The difficulties in regulation of compulsory labour in Scotland must, however, have been great, for in 1672 houses of correction were erected for disobedient servants, and masters of these houses were empowered to force them to work and to correct them according to their demerits. While servants in manufacture were compelled to work at reasonable rates they might not enter on a new hire without their previous master's consent.
, similar to the act of Edward IV. in the woollen industry, were found necessary, and this branch of labour legislation developed through the reigns of Anne and the four Georges until consolidation and amendment were effected, after the completion of the industrial revolution, in the Truck Act 1831. From the close of the 17th century and during the 18th century the legislature is no longer mainly engaged in devising means for compelling labourers and artisans to enter into involuntary service, but rather in regulating the summary powers of justices of the peace in the matter of dispute between masters and servants in relation to contracts and agreements, express or implied, presumed to have been entered into voluntarily on both sides. While the movement to refer labour questions to the jurisdiction of the justices thus gradually developed, the main subject matter for their exercise of jurisdiction in regard to labour also changed, even when theoretically for a time the two sets of powers—such as (a) moderation of craft gild ordinances and punishment of workers refusing hire, or (b) fixing scales of wages and enforcement of labour contracts—might be concurrently exercised. Even in an act of George II
(1746) for settlement of disputes and differences as to wages or other conditions under a contract of labour, power was retained for the justices, on complaint of the masters of misdemeanour or ill-behaviour on the part of the servant, to discharge the latter from service or to send him to a house of correction " there to be corrected," that is, to be held to hard labour for a term not exceeding a month or to be corrected by whip
ping. In an act with similar aims of George IV (1823), with a rather wider scope, the power to order corporal punishment
, and in 1867 to hard labour, for breach of labour contracts had disappeared, and soon after the middle of the 19th century the right to enforce contracts of labour also disappeared. Then breach of such labour contracts became simply a question of recovery of damages
, unless both parties agreed that security
for performance of the contract shall be given instead of damages.
Child labour
While the endeavour to enforce labour apart from a contract died out in the latter end of the 18th century, sentiment for some time had strongly grown in favour of developing early industrial training of children. It appears to have been a special object of charitable and philanthropic endeavour in the 17th century, as well as the 18th, to found houses of industry, in which little children, even under five years of age, might be trained for apprenticeship with employers. Connected as this development was with poor relief, one of its chief aims was to prevent future unemployment
and vagrancy by training in habits and knowledge of industry, but not unavowed was another. motive: " from children thus trained up to constant labour we may venture to hope the lowering of its price." 1 The evils and excesses which lay enfolded within such a movement gave the first impulse to the new ventures in labour legislation which are specially the work of the 19th century. Evident as it is " that before the Industrial Revolution very young children were largely employed both in their own homes and as apprentices under the Poor Law," and that " long before Peel's time there were misgivings about the apprenticeship system," still it needed the concentration and prominence of suffering and injury to child life in the factory system to lead
to parliamentary intervention.
in 1784 in cotton
mills near Manchester
appears to have first drawn widespread and influential public opinion to the overwork of children, under terribly dangerous and insanitary conditions, on which the factory system was then largely being carried on. A local inquiry, chiefly by a group of medical men presided over by Dr Thomas Percival
, was instituted by the justices of the peace for Lancashire
, and in the forefront of the resulting report stood a recommendation for limitation and control of the working hours of the children. A resolution
by the county justices followed, in which they declared their intention in future to refuse
In 1795 the Manchester Board of Health was formed, which, with fuller information, more definitely advised legislation for the regulation of the hours and conditions of labour in factories. In 1802 the Health and Morals of Apprentices Act was passed, which in effect formed the first step towards prevention of injury to and protection of labour in factories. It was directly aimed only at evils of the apprentice system, under which large numbers of pauper children were worked in cotton and woollen mills without education, for excessive hours, under wretched conditions. It did not apply to places employing fewer than twenty persons or three apprentices, and it applied the principle of limitation of hours (to twelve a day) and abolition of night work, as well as educational requirements, only to apprentices. Religious teaching and suitable sleeping accommodation
and clothing were provided for in the act, also as regards apprentices. Lime-washing
and ventilation
provisions applied to all cotton and woollen factories employing more than twenty persons. "Visitors" were to be appointed by county justices for repression of contraventions, and were empowered to
The mills were to be registered by the clerk of the peace, and justices had power to inflict fines of from £2 to for contraventions. Although enforcement of the very limited provisions of the act was in many cases poor or non-existent, in some districts excellent work was done by justices, and in 1803 the West Riding of Yorkshire
justices passed a resolution substituting the ten hours' limit for the twelve hours' limit of the act, as a condition of permission for indenturing of apprentices in mills.
Rapid development of the application of steam
power to manufacture led to growth of employment of children in populous centres, otherwise than on the apprenticeship system, and before long the evils attendant on this change brought the general question of regulation and protection of child labour in textile factories to the front. The Act of 1819, limited as it was, was a noteworthy step forward, in that it dealt with this wider scope of employment of children in cotton factories, and it is satisfactory to record that it was the outcome of the efforts and practical experiments of a great manufacturer, Robert Owen
. Its provisions fell on every point lower than the aims he put forward on his own experience as practicable, and notably in its application only to cotton mills instead of all textile factories. Prohibition of child labour under nine years of age and limitation of the working day to twelve in the twenty-four
(without specifying the precise hour of beginning and closing) were the main provisions of this act. No provision was made for enforcement of the law beyond such as was attempted in the act of 1802.
Slight amendments were attempted in the acts of 1825 and 1831, but the first really important factory act
was in 1833 applying to textile factories generally, limiting employment of young persons under eighteen years of age, as well as children, prohibiting night work between 8.30 p.m. and 5.30 a.m., and first providing for "inspectors" to enforce the law. This is the act which was based on the devoted efforts of Michael Sadler
, with whose name in this connexion that of Lord Ashley, afterwards Earl of Shaftesbury, was from 1832 associated. The importance of this act lay in its provision for skilled inspection and thus for enforcement of the law by an independent body of men unconnected with the locality in which the manufactures lay, whose specialisation in their work enabled them to acquire information needed for further development of legislation for protection of labour. Their powers were to a certain extent judicial, being assimilated to those possessed by justices; they could administer oaths and make such "rules, regulations and orders" as were necessary for execution of the act, and could hear complaints and impose penalties under the act.
In 1844 a Textile Factory Act modified these extensive inspectoral powers, organizing the service on lines resembling those of our own time, and added provision for certifying surgeons to examine workers under sixteen years of age as to physical fitness for employment and to grant certificates of age and ordinary strength. Hours of labour, by the act of 1833, were limited for children under eleven to 9 a day or 48 in the week, and for young persons under eighteen to 12 a day or 69 in the week. Between 1833 and 1844 the movement in favour of a ten hours' day, which had long been in progress, reached its height in a time of great commercial and industrial distress, but could not be carried into effect until 1847. By the act of 1844 the hours of adult women were first regulated, and were limited (as were already those of "young persons") to 12 a day; children were permitted either to work the same hours on alternate days or "half-time," with compulsory school attendance as a condition of their employment. The aim in thus adjusting the hours of the three classes of workers was to provide for a practical standard working-day. For the first time detailed provisions for health and safety began to make their appearance in the law. Penal compensation
for preventible injuries due to unfenced machinery was also provided, and appears to have been the outcome of a discussion by witnesses before the Royal Commission on Labour of Young Persons in Mines and Manufactures in 1841.
From this date, 1841, begin the first attempts at protective legislation for labour in mining. The first Mines Act of 1842 following the terrible revelations of the Royal Commission referred to excluded women and girls from underground working, and limited the employment of boys, excluding from underground working those under ten years, but it was not until 1850 that systematic reporting of fatal accidents and until 1855 that other safeguards for health, life and limb
in mines were seriously provided by law. With the exception of regulations against truck there was no protection for the miner before 1842; before 1814 it was not customary to hold inquests on miners killed by accidents in mines. From 1842 onwards considerable interaction in the development of the two sets of acts (mines and factories), as regards special protection against industrial injury o health and limb, took place, both in parliament and in the department (Home Office) administering them.
Another strong influence tending towards ultimate development of scientific protection of health and life in industry began in the work and reports of the series of sanitary commissions and Board of Health reports from 1843 onwards. In 1844 the mines inspector made his first report, but two years later women were still employed to some extent underground. Organised inspection began in 1850, and in 1854 the Select Committee on Accidents adopted a suggestion of the inspectors for legislative extension of the practice of several colliery owners in framing' special safety rules for working in mines.
The Act of 1855 provided seven general rules, relating to ventilation, fencing
of disused shafts, proper means for signalling, proper gauges and valve
for steam-boiler
, indicator
and brake
for machine lowering and raising; also it provided that detailed special rules submitted by mine-owners to the secretary of state
, might, on his approval, have the force of law and be enforceable by penalty
.
The Mines Act of 1860, besides extending the law to ironstone mines, following as it did on a series of disastrous accidents and explosions, strengthened some of the provisions for safety. At several inquests strong evidence was given of incompetent management and neglect of rules, and a demand was made for enforcing employment only of certificated managers of coal mines. This was not met until the act of 1872, but in 1860 certain sections relating to wages and education were introduced. Steady development of the coal industry, increasing association among miners, and increased scientific knowledge of means of ventilation and of other methods for securing safety, all paved the way to the Coal Mines Act of 1872, and in the same year health and safety in metalliferous mines received their first legislative treatment in a code of similar scope and character to that of the Coal Mines Act. This act was amended in 1886, and repealed and recodified in 1887; its principal provisions are still in force, with certain revised special rules and modifications as regards reporting of accidents (1906) and employment of children (1903). It was based on the recommendations of a Royal Commission, which had reported in 1864, and which had shown the grave excess of mortality and sickness among metalliferous miners, attributed to the inhalation of gritty particles, imperfect ventilation, great changes of temperature, excessive physical exertion, exposure to wet, and other causes. The prohibition of employment of women and of boys under ten years underground in this class of mines, as well as in coal mines, had been effected by the act of 1842, and inspection had been provided for in the act of 1860; these were in amended form included in the code of 1872, the age of employment of boys underground being raised to twelve.
In the Coal Mines Act of 1872 we see the first important effort to provide a complete code of regulation for the special dangers to health, life and limb in coal mines apart from other mines; it applied to
Unlike the companion act—applying to all other mines—it maintained the age limit of entering underground employment for boys at ten years, but for those between ten and twelve it provided for a system of working analogous to the half-time system in factories, including compulsory school attendance. The limits of employment for boys from twelve to sixteen were io hours in any one day and 54 in any one week. The chief characteristics of the act lay in extension of [the " general " safety rules, improvement of the method of formulating "special" safety rules, provision for certificated and competent management, and increased inspection. Several important matters were transferred from the special to the general rules, such as compulsory use of safety lamps where needed, regulation of use of explosives, and securing of roofs and sides. Special rules, before being submitted to the secretary of state for approval, must be posted in the mine for two weeks, with a notice that objections might be sent by any person employed to the district inspector. Wilful neglect of safety provisions became punishable in the case of employers as well as miners by imprisonment with hard labour. But the most important new step lay in the sections relating to daily control and supervision of every mine by a manager holding a certificate of competency from the secretary of state, after examination by a board of examiners appointed by the secretary of state, power being retained for him to cause later inquiry into competency of the holder of the certificate, and to cancel or suspend the certificate in case of proved unfitness.
Returning to the development of factory and workshop law from the year, 1844, the main line of effort—after the act of 1847 had restricted hours of women and young persons to 10 a day and fixed the daily limits between 6 a.m. and 6 p.m. (Saturday 6 a.m. to 2 p.m.)—lay in bringing trade after trade in some degree under the scope of this branch of law, which had hitherto only regulated conditions in textile factories. Bleach
ing and dyeing
works were included by the acts of 1860 and 1862; lace
factories by that of 1861; calendering and finishing
by acts of 1863 and 1864; bakehouses became partially regulated by an act of 1863, with special reference to local authorities for administration of its clauses. The report of the third Children's Employment Commission brought together in accessible form the miserable facts relating to child labour in a number of unregulated industries in the year 1862, and the act of 1864 brought some of (these earthenware-making, lucifer
match
-making, percussion cap and cartridge
making, paper-staining, and fustian
cutting) partly under the scope of the various textile factory acts
in force. A larger addition of trades was made three years later, but the act of 1864 is particularly interesting in that it first embodied some of the results of inquiries of expert medical and sanitary commissioners, by requiring ventilation to be applied to the removal of injurious gases, dust
, and other impurities generated in manufacture, and made a first attempt to engraft part of the special rules system from the mines acts. The provisions for framing such rules disappeared in the Consolidating Act of 1878, to be revived in a better form later.
The Sanitary Act of 1866, administered by local authorities, provided for general sanitation in any factories and workshops not under existing factory acts, and the Workshops Regulation Act of 1867, similarly to be administered by local authorities, amended in 1870, practically completed the application of the main principle of the factory acts to all places in which manual labour was exercised for gain in the making or finishing of articles or parts of articles for sale. A few specially dangerous or injurious trades brought under regulation in 1864 and 1867 (e.g. earthenware and lucifer match making, glass
-making) ranked as "factories," although not using mechanical power, and for a time employment of less than fifty persons relegated certain work-places to the category of "workshops," but broadly the presence or absence of such motor power in aid of process was made and has remained the distinction between factories and workshops.
The Factory Act of 1874, the last of the series before the great Consolidating Act of 1878, raised the minimum age of employment for children to ten years in textile factories. In most of the great inquiries into conditions of child labour the fact has come clearly to light, in regard to textile and nontextile trades alike, that parents as much as any employers have been responsible for too early employment and excessive hours of employment of children, and from early times until to-day in factory legislation it has been recognised that they must to some extent be held responsible for due observation of the limits imposed. For example, in 1831 it was found necessary to protect occupiers against parental responsibility for false certificates of age, and in 1833 parents of a child or
were made to share responsibility for employment of children without school attendance or beyond legal hours.
During the discussions on the bill which became law in 1874, it had become apparent that revision and consolidation of the multiplicity of statutes then regulating manufacturing industry had become pressingly necessary; modifications and exceptions for exceptional conditions in separate industries needed reconsideration and systematisation on clear principles, and the main requirements of the law could with great advantage be applied more generally to all the industries. In particular, the daily limits as to period of employment, pauses for meals, and holidays, needed to be unified for non-textile factories and workshops, so as to bring about a standard working-day, and thus prevent the tendency in
In these main directions, and that of simplifying definitions, summarizing special sanitary provisions that had been gradually introduced for various trades, and centralizing and improving the organisation of the inspectorate, the Commission of 1876 on the Factory Acts made its recommendations, and the Factory Act of 1878 took effect. In the fixed working-day, provisions for pauses, holidays, general and special exceptions, distinctions between systems of employment for children, young persons and women, education of children and certificates of fitness for children and young persons, limited regulation of domestic workshops, general principles of administration and definitions, the law of 1878 was made practically the same as that embodied in the later principal act of 1901. More or less completely revised were:
the sections in the 1878 act relating to mode of controlling sanitary conditions in workshops (since 1891 primarily enforced by the local sanitary authority); provision for reporting accidents and for enforcing safety (other than fencing of mill
gearing and dangerous machinery); detailed regulation of injurious and dangerous process and trades; powers of certifying surgeons; amount of overtime permissible (greatly reduced in amount and now confined to adults); age for permissible employment of a child has been raised from ten years to twelve years.
Entirely new since the act of 1878 are the provisions: for control of outwork; for supplying particulars of work and wages to piece-workers, enabling them to compute the total amount of wages payable to them; extension of the act to laundries; a tentative effort to limit the too early employment of mothers after childbirth.
The Factories and Workshops Act 1878 remained until the Factory and Workshop Act 1901, although much had been meanwhile superimposed, a monument to the efforts of the great factory reformers of the first half of the 19th century, and the general groundwork of safety for workers in factories and workshops in the main divisions of sanitation, security against accidents, physical fitness of workers, general limitation of hours and times of employment for young workers and women. The Factory and Workshop Act 1901, which came into force 1 January 1902 (and became the principal act),was an amending as well as a consolidating act. Comparison of the two acts shows, however, that, in spite of the advantages of further consolidation and helpful changes in arrangement of sections and important additions which tend towards a specialised hygiene
for factory life, the fundamental features of the law as fought out in the 19th century remain undisturbed. So far as the law has altered in character, it has done so chiefly by gradual development of certain sanitary features, originally subordinate, and by strengthening provision for security against accidents and not by retreat from its earlier aims. At the same time a basis for possible new developments can be seen in the protection of " outworkers " as well as factory workers against fraudulent or defective particulars of piece-work rates of wages.
Later acts directly and indirectly affecting the law are certain acts of 1903, 1906, 1907, to be touched on presently.
The Act of 1878, in a series of acts from 1883 to 1895, received striking additions, based
The first additions to the act of 1878 were, however, almost purely attempts to deal more adequately than had been attempted in the code of 1878 with certain striking instances of trades injurious to health. Thus the Factory and Workshop Act of 1883 provided that white-lead factories should not be carried on without a certificate of conformity with certain conditions, and also made provision for special rules, on lines later superseded by those laid down in the act of 1891, applicable to any employment in a factory or workshop certified as dangerous or injurious by the secretary of state.
The act of 1883 also dealt with sanitary conditions in bakehouses. Certain definitions and explanations of previous enactments touching overtime and employment of a child in any factory or workshop were also included in the act. A class of factories in which excessive heat and humidity seriously affected the health of operatives was next dealt with in the Cotton Cloth Factories Act 1889. This provided for special notice to the chief inspector from all occupiers of cotton cloth factories (i.e. any room, shed
, or workshop or part thereof in which weaving of cotton cloth is carried on) who intend to produce humidity by artificial means; regulated both temperature of workrooms and amount of moisture in the atmosphere
, and provided for tests and records of the same; and fixed a standard minimum volume of fresh air (600 cu ft (17 m³)) to be admitted in every hour for every person employed in the factory. Power was retained for the secretary of state to modify by order the standard for the maximum limit of humidity of the atmosphere at any given temperature. A short act in 1870 extended this power to other measures for the protection of health.
The special measures from 1878 to 1889 gave valuable precedents for further developments of special hygiene in factory life, but the next advance in the Factory and Workshop Act 1891, following the House of Lords Committee on the sweating system
and the Berlin International Labour Conference, extended over much wider ground. Its principal objects were:
to render administration of the law relating to workshops more efficient, particularly as regards sanitation; with this end in view it made the primary controlling authority for sanitary matters in workshops the local sanitary authority (now the district council), acting by their officers, and giving them the powers of the less numerous body of factory inspectors, while at the same time the provisions of the Public Health Acts replaced in workshops the very similar sanitary provisions of the Factory Acts; to provide for greater security against accidents and more efficient fencing of machinery in factories; to extend the method of regulation of unhealthy or dangerous occupations by application of special rules and requirements to any incident of employment (other than in a domestic workshop) certified by the secretary of state to be dangerous or injurious to health or dangerous to life or limb;
(d) to raise the age of employment of children and restrict the employment of women immediately after childbirth;
(e) to require particulars of rate of wages to be given with work to piece-workers in certain branches of the textile industries;
(f) to amend the act of 1878 in various subsidiary ways, with the view of improving the administration of its principles, e.g. by increasing the means of checking the amount of overtime worked, empowering inspectors to enter work-places used as dwellings without a justice's warrant
, and the imposition of minimum penalties in certain cases. On this act followed four years of greatly accelerated administrative activity. No fewer than sixteen trades were scheduled by the secretary of state as dangerous to health. The manner of preparing and establishing suitable rules was greatly modified by the Factory and Workshop Act 1901 and will be dealt with in that connexion.
The Factory and Workshop Act 1895
followed thus on a period of exercise of new powers of administrative regulation (the period being also that during which the Royal Commission on Labour made its wide survey of industrial conditions), and after two successive annual reports of the chief inspector of factories had embodied reports and recommendations from the women inspectors, who in 1893 were first added to the inspectorate. Again, the chief features of an even wider legislative effort than that of 1891 were the increased stringency and definiteness of the measures for securing hygienic and safe conditions of work. Some of these measures, however, involved new principles, as in the provision for the prohibition of the use of a dangerous machine or structure by the order of a magistrate's court, and the power to include in the special rules drawn up in pursuance of section 8 of the Act of 1891, the prohibition of the employment of any class of persons, or the limitation of the period of employment of any class of persons in any process scheduled by order of the secretary of state. These last two powers have both been exercised, and with the exercise of the latter died, without opposition, the absolute freedom of the employer of the adult male labourer to carry on his manufacture without legislative limitation of the hours of labour. Second only in significance to these new developments was the addition, for the first time since 1867, of new classes of workplaces not covered by the general definitions in section 93 of the Consolidating Act of 1878, viz.
laundries (with special conditions as to hours, &c.); docks, wharves, quays, warehouses and premises on which machinery worked by power is temporarily used for the purpose of the construction of a building or any structural work in connexion with the building (for the purpose only of obtaining security against accidents).
Other entirely new provisions in the Act of 1895, later strengthened by the Factory and Workshop Act 1901, were the requirement of a reasonable temperature in workrooms, the requirement of lavatories for the use of persons employed in any department where poisonous substances are used, the obligation on occupiers and medical practitioners to report cases of industrial poisoning; and the penalties imposed on an employer wilfully allowing wearing apparel to be made, cleaned or repaired in a dwelling-house where an inmate is suffering from infectious disease. Another provision empowered the secretary of state to specify classes of outwork and areas with a view to the regulation of the sanitary condition of premises in which outworkers are employed. Owing to the conditions attached to its exercise, no case was found in which this power could come into operation, and the act of 1901 deals with the matter on new lines.
The requirement of annual returns from occupiers of persons employed, and the competency of the person charged with infringing the act to give evidence in his defence, were important new provisions, as was also the adoption of the powers to direct a formal investigation of any accident
on the lines laid down in section 45 of the Coal Mines Regulation Act 1887. Other sections, relating to sanitation and safety, were developments of previous regulations, e.g. the fixing of a standard of overcrowding, provision of sanitary accommodation separate for each sex
where the standard of the Public Health Act Amendment Act 1890 had not been adopted by the competent local sanitary authority, power to order a fan
or other mechanical means to carry off injurious gas, vapour or other impurity (the previous power covering only dust). The fencing of machinery and definition of accidents were made more precise, young persons were prohibited from cleaning dangerous machinery, and additional safeguards against risk of injury by fire or panic were introduced. On the question of employment the foremost amendments lay in the almost complete prohibition of overtime for young persons, and the restriction of the power of an employer to employ protected persons outside his factory or workshop on the same day that he had employed them in the factory or workshop. Under the head of particulars of work and wages to piece-workers an important new power, highly valued by the workers, was given to apply the principle with the necessary modifications by order of the secretary of state to industries other than textile and to outworkers as well as to those employed inside factories and workshops.
In 1899 an indirect modification of the limitation to employment of children was effected by the Elementary Education Amendment Act 1899, which, by raising from eleven to twelve the minimum age at which a child may, by the by-laws of a local authority, obtain total or partial exemption from the obligation to attend school, made it unlawful for an occupier to take into employment any child under twelve in such a manner as to prevent full-time attendance at school. The age of employment became generally thereby the same as it has been for employment at a mine above ground since 1887. The Act of 1901 made the prohibition of employment of a child under twelve in a factory or workshop direct and absolute. Under the divisions of sanitation, safety, fitness for employment, special regulation of dangerous trades, special control of bakehouses, exceptional treatment of creameries, new methods of dealing with home work and outworkers, important additions were made to the general law by the Act of 1901, as also in regulations for strengthened administrative control. New general sanitary provisions were those prescribing,
ventilation per se for every workroom, and empowering the secretary of state to fix a standard of sufficient ventilation; drainage of wet floors; the power of the secretary of state to define in certain cases what shall constitute sufficient and suitable sanitary accommodation.
New safety provisions were those relating to:
Examination and report on steam boilers; prohibition of employment of a child in cleaning below machinery in motion; power of the district council to make by-laws for escape in case of fire.
The most important administrative alterations were,
a justice engaged in the same trade as, or being officer of an association of persons engaged in the same trade as, a person charged with an offence may not act at the hearing
and determination of the charge; ordinary supervision of sanitary conditions under which outwork is carried on was transferred to the district council, power being reserved to the Home Office
to intervene in case of neglect or default
by any district council.
The Employment of Children Act 1903, while primarily providing for industries outside the scope of the Factory Act, incidentally secured that children employed as half Acts of timers should not also be employed in other occupations. The Notice of Accidents Act 1906 amended the whole system of notification of accidents, simultaneously in mines, quarries, factories and workshops, and will be set out in following paragraphs. The Factory and Workshop Act 1907 amended the law in respect of laundries by generally applying the provisions of 1901 to trade laundries while granting them choice of new exceptional periods, and by extending the provisions of the act (with certain powers to the Home Office by Orders laid before parliament to allow variations) to institution laundries carried on for charitable or reformatory purposes. The Employment of Women Act 1907 repealed an exemption in the act of 1901 (and earlier acts) relating to employment of women in flax
scutch mills, thus bringing this employment under the ordinary provisions as to period of employment.
Throughout the nineteenth century, the worker's existence remained largely miserable, nasty, brutish and short.
At the same time, Industrial Britannia was extending its Empire, its corporations and its business responsible for half the world's production across a third of the globe's land, a quarter of its population, and ruling its waves. Joint Stock Companies
, building railways, canals and factories, manufacturing household goods, connecting telegraphs, distributing coal, formed the backbone of this dominant laissez faire model of commerce. Toward the turn of the century, in Mogul Steamship Co Ltd v McGregor, Gow & Co
, the House of Lords emphasised that businesses should be free to organise into trade associations in the same way that employees organised into unions. The consciousness of working people that they should have a role in the economy mirrored the development toward political participation.
. Although a combination of employers in a company could dismiss employees without notice, a combination of employees in a trade union could not, by withdrawing their labour, do the same without sanction. This was soon reversed by an increasingly representative Parliament after the United Kingdom general election, 1906
. A coalition government composed of the Labour Party
and the Liberals, among whom David Lloyd George
and Winston Churchill
were rising stars, quickly passed the Trade Disputes Act 1906
. This laid down the essential principle of collective labour law that any strike "in contemplation or furtherance of a trade dispute" is immune from discriminatory civil law sanctions. The Old Age Pensions Act 1908 provided some minimum security for people who retired, the Trade Boards Act 1909
created industrial panels that would fix minimum wages and the National Insurance Act 1911
levied a fee to insure people got benefits in the event of unemployment.
During World War One the sheer brutality of the Western Front
demanded the participation of every available person and resource. Women particularly took over traditional "men's jobs", as the Suffragette
movement gained momentum. Before the war's conclusion, the Representation of the People Act 1918
gave universal suffrage to men over age 21 and women over 28. A new beginning was promised by the victors to their people. The Versailles Treaty created the International Labour Organisation to draw up common standards between countries, for as it said, "peace can be established only if it is based on social justice
", and echoed the US Clayton Act 1914 in pronouncing that "labour should not be regarded merely as a commodity or an article of commerce". But the international system remained disjointed as the United States Congress
withheld its approval to join the League of Nations
. Within the UK the postwar settlement was to make a home fit for heroes. Whitley Councils extended the Trade Boards Act 1909 system to Joint Industrial Councils that encouraged (non legally binding) fair wage agreements, while the Ministry of Labour
actively organised and advised the growth of trade unions. This was based on a theory of industrial democracy
through collective bargaining, agreement or action, advocated by Sidney Webb and Beatrice Webb
in Industrial Democracy to remedy the inequality of bargaining power
of workers. Without legal force
behind collective agreements, the law remained in a state of collective laissez faire
, encouraging voluntarism
for agreement and dispute settlement between industrial partners. The 1920s and 1930s were economically volatile. In 1926 a General Strike
against coal miners' pay cuts paralysed the country, though was broken by Winston Churchill
, by then the Chancellor of the Exchequer
. The Trade Disputes and Trade Unions Act 1927 was subsequently passed to prohibit any secondary action
. The Labour Party
had formed Parliamentary majorities in 1924 and 1929, but achieved little in the way of reform, particularly after the onset of the Great Depression
.
, trade union membership was well established and collective agreements covered over 80 per cent of the workforce. With the British Empire
is rapid dissolution and immigration from Commonwealth
countries, combined with record levels of female workplace participation the character of Britain's workforce was changing fast. Though the common law was sometimes comparatively progressive, sometimes not, the first statutes to prohibit discrimination focused on gender and race emerged in the 1960s as the Civil Rights Act
was passed in the United States. Discrimination in employment (as in consumer or public service access) was formally prohibited on grounds of race in 1965, gender in 1975, disability in 1995, sexual orientation and religion in 2003 and age in 2006. A complicated and inconsistent jamboree of Acts and statutory instruments was placed into a comprehensive code in the Equality Act 2010. Much discrimination law is now applicable throughout the European Union, to which the UK acceded in 1972. While the prominence of labour issues in the early European Treaties and case law was scant, it was not until the Social Chapter
of the Maastricht Treaty
was drafted that labour issues were formally incorporated into the EU's jurisprudence.
with workers with a different employer, and that employers could not run a closed shop
system of requiring all workers to join the recognised union. The wage councils were dismantled, and a public campaign against the merits of unions paralleled the decline of membership and collective agreement coverage to under 40 per cent.
established a country-wide minimum wage, but did not attempt to reinvigorate the Wage Board system. The Employment Relations Act 1999 introduced a 60 page procedure requiring employers to compulsorily recognise and bargain with a union, though union membership remained at a steady 30 per cent level. While the UK retains essentially the same legal framework as evolved through the 1980s, globalisation, Europeanisation and increased success in workplace participation models ensure further change will follow.
Late 19th century Acts of Parliament
British Isles
The British Isles are a group of islands off the northwest coast of continental Europe that include the islands of Great Britain and Ireland and over six thousand smaller isles. There are two sovereign states located on the islands: the United Kingdom of Great Britain and Northern Ireland and...
up to the present. Before the Industrial Revolution
Industrial Revolution
The Industrial Revolution was a period from the 18th to the 19th century where major changes in agriculture, manufacturing, mining, transportation, and technology had a profound effect on the social, economic and cultural conditions of the times...
and the introduction of mechanised manufacture, regulation of workplace relations was based on status, rather than contract
English contract law
English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...
or mediation through a system of trade union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
s. Serfdom
Serfdom
Serfdom is the status of peasants under feudalism, specifically relating to Manorialism. It was a condition of bondage or modified slavery which developed primarily during the High Middle Ages in Europe and lasted to the mid-19th century...
was the prevailing status of the mass of people, except where artisans in towns could gain a measure of self regulation through guild
Guild
A guild is an association of craftsmen in a particular trade. The earliest types of guild were formed as confraternities of workers. They were organized in a manner something between a trade union, a cartel, and a secret society...
s. In 1740 save for the fly-shuttle
Shuttle (weaving)
A shuttle is a tool designed to neatly and compactly store weft yarn while weaving. Shuttles are thrown or passed back and forth through the shed, between the yarn threads of the warp in order to weave in the weft....
the loom
Loom
A loom is a device used to weave cloth. The basic purpose of any loom is to hold the warp threads under tension to facilitate the interweaving of the weft threads...
was as it had been since weaving
Weaving
Weaving is a method of fabric production in which two distinct sets of yarns or threads are interlaced at right angles to form a fabric or cloth. The other methods are knitting, lace making and felting. The longitudinal threads are called the warp and the lateral threads are the weft or filling...
had begun. 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 Employer and Workman 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.
Anglo-Saxon England
Of the main conditions of industrial labour in early Anglo-Saxon England details are scanty. Monastic industrial communities were added in Christian times to village industrial communities. While generally husbandry was the first object of toil, and developed under elaborate regulation in the manorial system, still a considerable variety of industries grew up, the aim being expressly to make each social group self-sufficing, and to protect and regulate village artisans in the interest of village resources. This protective system, resting on a communal or co-operative view of labour and social life, has been compared as analogous to the much later and wider system under which the main purpose was to keep England as a whole self-sufficing.Medieval England
Normans
The Normans were the people who gave their name to Normandy, a region in northern France. They were descended from Norse Viking conquerors of the territory and the native population of Frankish and Gallo-Roman stock...
invasion; the former brought in a vigour shown in growth of villages, increase in number of freemen, and formation of trading towns; the latter especially opened up new communications with the most civilised continental people, and was followed by a considerable immigration
Immigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
of artisans, particularly of Flemings. In Saxon England slavery in the strictest sense existed, as is shown in the earliest English laws, but it seems that the true slave class as distinct from the serf class was comparatively small, and it may well be that the labour of an ordinary serf was not practically more severe, and the remuneration in maintenance and kind not much less than that of agricultural labourers in recent times. In spite of the steady protest of the Church, slavery (as the exception, not the general rule) did not die out for many centuries, and was apt to be revived as a punishment for criminals, e.g. in the fierce provisions of the statute of Edward VI against beggars, not repealed until 1597. At no time, however, was it general, and as the larger village and city populations grew the ratio of serfs and slaves to the freemen in the whole population rapidly diminished, for the city populations "had not the habit and use of slavery," and while serfs might sometimes find a refuge in the cities from exceptionally severe taskmasters," there is no doubt that freemen gradually united with them under the lord's protection, that strangers engaged in trade sojourned among them, and that a race of artisans gradually grew up in which original class feelings were greatly modified."
Boroughs, gilds and agricultural labour
From these conditions grew two parallel tendencies in regulation of labour. On the one hand there was, under royal charters, the burgh
Burgh
A burgh was an autonomous corporate entity in Scotland and Northern England, usually a town. This type of administrative division existed from the 12th century, when King David I created the first royal burghs. Burgh status was broadly analogous to borough status, found in the rest of the United...
or municipal organisation and control of artisan and craft labour, passing later into the more specialised organisation in craft guilds; on the other hand, there was a necessity, sometimes acute, to prevent undue diminution in the numbers available for husbandry or agricultural labour. To the latter cause must be traced a provision appearing in a succession of statutes (see especially an act of Richard II
Richard II of England
Richard II was King of England, a member of the House of Plantagenet and the last of its main-line kings. He ruled from 1377 until he was deposed in 1399. Richard was a son of Edward, the Black Prince, and was born during the reign of his grandfather, Edward III...
., 1388), that a child under twelve years once employed in agriculture might never be transferred to apprenticeship
Apprenticeship
Apprenticeship is a system of training a new generation of practitioners of a skill. Apprentices or protégés build their careers from apprenticeships...
in a craft. The steady development of England, first as a woolgrowing, later as a cloth-producing country, would accentuate this difficulty. During the 13th century, side by side with development of trading companies for the export of wool
Wool
Wool is the textile fiber obtained from sheep and certain other animals, including cashmere from goats, mohair from goats, qiviut from muskoxen, vicuña, alpaca, camel from animals in the camel family, and angora from rabbits....
from England, may be noted many agreements on the part of monasteries to sell their wool to Florentines, and during the same century absorption of alien
Alien (law)
In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...
artisans into the municipal system was practically completed. Charters of Henry I
Henry I of England
Henry I was the fourth son of William I of England. He succeeded his elder brother William II as King of England in 1100 and defeated his eldest brother, Robert Curthose, to become Duke of Normandy in 1106...
. provided for naturalisation of these aliens.
Trend towards statute law
From the time of Edward I to Edward III a gradual transference of burgh customs, so far as recognised for the common good, to statute law was in progress, together with an assertion of the rights of the CrownThe Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
against ecclesiastical orders. The Statutes of Edward I, says Dr. Cunningham, "mark the first attempt to deal with Industry and Trade as a public matter which concerns the whole state, not as the particular affair of leading men in each separate locality." The first direct legislation for labour by statute, however, is not earlier than the twenty-third year of the reign of Edward III., and it arose in an attempt to control the decay and ruin, both in rural and urban districts, which followed the Hundred Years' War
Hundred Years' War
The Hundred Years' War was a series of separate wars waged from 1337 to 1453 by the House of Valois and the House of Plantagenet, also known as the House of Anjou, for the French throne, which had become vacant upon the extinction of the senior Capetian line of French kings...
, and the pestilence known as the Black Death
Black Death
The Black Death was one of the most devastating pandemics in human history, peaking in Europe between 1348 and 1350. Of several competing theories, the dominant explanation for the Black Death is the plague theory, which attributes the outbreak to the bacterium Yersinia pestis. Thought to have...
. This first Statute of Labourers was designed for the benefit of the community, not for the protection of labour or prevention of oppression, and the policy of enforcing customary wages and compelling the able-bodied labourer, whether free or bond, not living in merchandise or exercising any craft, to work for hire at recognised rates of pay, must be reviewed in the circumstances and ideals of the time.
Regulation generally in the Middle Ages
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
aimed at preventing any individual or section of the community from making what was considered an exceptional profit through the necessity of others. The scarcity of labour by the reduction of the population through pestilence was not admitted as a justification for the demands for increased pay, and while the unemployed labourer was liable to be committed to jail
Jail
A jail is a short-term detention facility in the United States and Canada.Jail may also refer to:In entertainment:*Jail , a 1966 Malayalam movie*Jail , a 2009 Bollywood movie...
if he refused service at current rates, the lords of the towns or manors who promised or paid more to their servants were liable to be sued treble the sum in question. Similar restrictions were made applicable to artificers and workmen. By another statute, two years later, labourers or artificers who left their work and went into another county were liable to be arrested by the sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
and brought back. These and similar provisions with similar aims were confirmed by statutes of 1360, 1368 and 1388, but the act of 1360, while prohibiting " all alliances and covins of masons, carpenters, congregations, chapters, ordinances and oaths betwixt them made," allowed " every lord to bargain
Bargaining
Bargaining or haggling is a type of negotiation in which the buyer and seller of a good or service dispute the price which will be paid and the exact nature of the transaction that will take place, and eventually come to an agreement. Bargaining is an alternative pricing strategy to fixed prices...
or covenant for their works in gross
Gross (economics)
In economics, gross means before deductions. The antonym is net, meaning after deductions.-Usage:In this sense, it may appear an adjective, following the noun it modifies, e.g., "earned two million dollars, gross"...
with such labourers and artificers when it pleaseth them, so that they perform such works well and lawfully according to the bargain and covenant with them thereof made."
Powers were given by the acts of 1368 and 1388 to justices to determine matters under these statutes and to fix wages. Records show that workmen of various descriptions were pressed by writs addressed to sheriffs to work for their king at wages regardless of their will as to terms and place of work. These proceedings were founded on notions of royal prerogative
Prerogative
In law, a prerogative is an exclusive right given from a government or state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law of the normative state...
, of which impressment
Impressment
Impressment, colloquially, "the Press", was the act of taking men into a navy by force and without notice. It was used by the Royal Navy, beginning in 1664 and during the 18th and early 19th centuries, in wartime, as a means of crewing warships, although legal sanction for the practice goes back to...
of seamen survived as an example to a far later date. By an act of 1388 no servant or labourer, man or woman, however, could depart out of the hundred to serve elsewhere unless bearing a letter patent under the king's seal
Seal (device)
A seal can be a figure impressed in wax, clay, or some other medium, or embossed on paper, with the purpose of authenticating a document ; but the term can also mean the device for making such impressions, being essentially a mould with the mirror image of the design carved in sunken- relief or...
stating the cause of going and time of return. Such provisions would appear to have widely failed in their purpose, for an act of 1414 declares that the servants and labourers fled from county to county, and justices were empowered to send writs to the sheriffs for fugitive labourers as for felons, and to examine labourers, servants and their masters, as well as artificers, and to punish them on confession
Confession
This article is for the religious practice of confessing one's sins.Confession is the acknowledgment of sin or wrongs...
.
- Ordinance of Labourers 1349
15th century
An act of 1405, while putting a property qualification on apprenticeship and requiring parents under heavy penalties to put their children to such labour as their estates required, made an exception, giving freedom to any person " to send their children to school to learn literature." Up to the end of the 15th century a monotonous succession of statutes strengthening, modifying, amending the various attempts (since the first Statute of Labourers) to limit free movement of labour, or demands by labourers for increased wages, may be seen in the acts of 1411, 1427, 1444, 1495. It was clearly found extremely difficult, if not impracticable, to carry out the minute control of wages considered desirable, and exceptions in favour of certain occupations were in some of the statutes themselves. In 1512 the penalties for giving wages contrary to law were repealed so far as related to masters, but it also appears that London workmen would not endure the prevalent restrictions as to wages, and that they secured in practice a greater freedom to arrange rates when working within the city. Several of these statutes, and especially one of 1514, fixed the hours of labour when limiting wages. During March to September the limits were 5 a.m. to 7 or 8 p.m., with half an hour off for breakfast and an hour and a half off for midday dinnerDinner
Dinner is usually the name of the main meal of the day. Depending upon culture, dinner may be the second, third or fourth meal of the day. Originally, though, it referred to the first meal of the day, eaten around noon, and is still occasionally used for a noontime meal, if it is a large or main...
. In winter the outside limits were fixed by the length of daylight.
Cloth manufacture
Throughout the 15th century the rapidly increasing manufacture of cloth was subject to a regulation which aimed at maintaining the standard of production and prevention of bad workmanship, and the noteworthy statute 4 Edward IV. c. 1, while giving power to royal officers to supervise size of cloths, modes of sealing, etc., also repressed payment to workers in " pins, girdles and unprofitable wares," and ordained payment in true and lawful money. This statute (the first against "truck
Truck system
A truck system is an arrangement in which employees are paid in commodities or some currency substitute , rather than with standard money. This limits employees' ability to choose how to spend their earnings—generally to the benefit of the employer...
") gives an interesting picture of the way in which clothiers—or, as we should call them, wholesale merchants and manufacturers—delivered wool to spinners, carders, etc., by weight, and paid for the work when brought back finished. It appears that the work was carried on in rural as well as town districts. While this industry was growing and thriving other trades remained backward, and agriculture was in a depressed condition. Craft gilds had primarily the same purpose as the Edwardian statutes, that is, of securing that the public should be well served with good wares, and that the trade and manufacture itself should be on a sound basis as to quality of products and should flourish. Incidentally there was considerable regulation by the gilds of the conditions of labour, but not primarily in the interests of the labourer. Thus night work was prohibited because it tended to secrecy and so to bad execution of work; working on holidays was prohibited to secure fair play between craftsmen and so on. The position of apprentices was made clear through indentures, but the position of journeymen was less certain. Signs are not wanting of a struggle between journeymen and masters, and towards the end of the 15th century masters themselves, in at least the great wool trade, tended to develop from craftsmen into something more like the modern capitalist employer; from an act of 1555 touching weavers it is quite clear that this development had greatly advanced and that cloth-making was carried on largely by employers with large capitals. Before this, however, while a struggle went on between the town authorities and the craft gilds, journeymen began to form companies of their own, and the result of the various conflicts may be seen in an act of Henry VI
Henry VI of England
Henry VI was King of England from 1422 to 1461 and again from 1470 to 1471, and disputed King of France from 1422 to 1453. Until 1437, his realm was governed by regents. Contemporaneous accounts described him as peaceful and pious, not suited for the violent dynastic civil wars, known as the Wars...
, providing that in future new ordinances of gilds shall be submitted to justices of the peace—a measure which was strengthened in 1503.
Renaissance
A detailed history of labour regulation in the 16th century would include some account of the Tudor laws against vagrancyVagrancy (people)
A vagrant is a person in poverty, who wanders from place to place without a home or regular employment or income.-Definition:A vagrant is "a person without a settled home or regular work who wanders from place to place and lives by begging;" vagrancy is the condition of such persons.-History:In...
and methods of dealing with the increase of pauperism
Pauperism
Pauperism is a term meaning poverty or generally the state of being poor, but in English usage particularly the condition of being a "pauper", i.e. in receipt of relief administered under the poor law...
, attributable, at least in part, to the Dissolution of the Monasteries
Dissolution of the Monasteries
The Dissolution of the Monasteries, sometimes referred to as the Suppression of the Monasteries, was the set of administrative and legal processes between 1536 and 1541 by which Henry VIII disbanded monasteries, priories, convents and friaries in England, Wales and Ireland; appropriated their...
under Henry VIII
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
., and to the confiscation
Confiscation
Confiscation, from the Latin confiscatio 'joining to the fiscus, i.e. transfer to the treasury' is a legal seizure without compensation by a government or other public authority...
of craft gild funds, which proceeded under the Lord Protector Somerset and Edward VI. It is sufficient here to point to the general recognition of the public right to compel labourers to work and thus secure control of unemployed as well as employed. The statutes of Henry VIII. and Edward VI. against vagrancy differed rather in degree of severity than in principle from legislation for similar purposes in previous and subsequent reigns. The Statute of Labourers, passed in the fifth year of Elizabeth I of England
Elizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
's reign (1562), as well as the poor law
Poor Law
The English Poor Laws were a system of poor relief which existed in England and Wales that developed out of late-medieval and Tudor-era laws before being codified in 1587–98...
of the same year, was to a considerable extent both a consolidating and an amending code of law, and was so securely based on public opinion and deeply rooted custom that it was maintained in force for two centuries. It avowedly approves of principles and aims in earlier acts, regulating wages, punishing refusal to work, and preventing free migration
Human migration
Human migration is physical movement by humans from one area to another, sometimes over long distances or in large groups. Historically this movement was nomadic, often causing significant conflict with the indigenous population and their displacement or cultural assimilation. Only a few nomadic...
of labour. It makes, however, a great advance in its express aim of protecting the poor labourer against insufficient wages, and of devising a machinery, by frequent meeting of justices, which might yield "unto the hired person both in time of scarcity and in time of plenty a convenient proportion of wages." Minute regulations were made governing the contract between master and servant, and their mutual rights and obligations on parallel lines for (a) artificers, (b) labourers in husbandry. Hiring
Recruitment
Recruitment refers to the process of attracting, screening, and selecting qualified people for a job. For some components of the recruitment process, mid- and large-size organizations often retain professional recruiters or outsource some of the process to recruitment agencies.The recruitment...
was to be by the year, and any unemployed person qualified in either calling was bound to accept service on pain of imprisonment, if required, unless possessed of property of a specified amount or engaged in art, science or letters, or being a " gentleman
Gentleman
The term gentleman , in its original and strict signification, denoted a well-educated man of good family and distinction, analogous to the Latin generosus...
." Persons leaving a service were bound to obtain a testimonial, and might not be taken into fresh employment without producing such testimonial, or, if in a new district, until after showing it to the authorities of the place. A master might be fined or a labourer imprisoned, and if contumacious, whipped, for breach of this rule. The carefully devised scheme for technical training of apprentices embodied to a considerable extent the methods and experiences of the craft gilds. Hours of labour were as follows: "All artificers and labourers being hired for wages by the day or week shall, betwixt the midst of the months of March and September, be and continue at their work at or before 5 o'clock in the morning and continue at work and not depart until betwixt 7 and 8 o'clock at night, except it be in the time of breakfast, dinner or drinking, the which time at the most shall not exceed two hours and a half in a day, that is to say, at every drinking half an hour, for his dinner one hour and for his sleep when he is allowed to sleep, the which is from the midst of May to the midst of August, half an hour; and all the said artificers and labourers betwixt the midst of September and the midst of March shall be and continue at their work from the spring of the day in the morning until the night of the same day, except it be in time afore appointed for breakfast and dinner, upon pain to lose and forfeit one penny
Penny
A penny is a coin or a type of currency used in several English-speaking countries. It is often the smallest denomination within a currency system.-Etymology:...
for every hour's absence, to be deducted and defaulted out of his wages that shall so offend." Although the standpoint of the Factory Act and Truck Act in force at the beginning of the 20th century as regards hours of labour or regulation of fines deducted from wages is completely reversed, yet the difference is not great between the average length of hours of labour permissible under the present law for women and those hours imposed upon the adult labourer in Elizabeth's statute. Apart from the standpoint of compulsory imposition of fines, one advantage in the definiteness of amount deductible from wages would appear to lie on the side of the earlier statute.
Three points remain to be touched on in connexion with the Elizabethan poor law. In addition to (a) consolidation of measures for setting vagrants to work, we find the first compulsory contributions from the well-to-do towards poor relief there provided for, (b) at least a theoretical recognition of a right as well as an obligation
Obligation
An obligation is a requirement to take some course of action, whether legal or moral. There are also obligations in other normative contexts, such as obligations of etiquette, social obligations, and possibly...
on the part of the labourer to be hired, (c) careful provision for the apprenticing of destitute children and orphans to a trade.
Scotland
One provision of considerable interest arose in Scotland, which was nearly a century later in organizing provisions for fixing conditions of hire and wages of workmen, labourers and servants, similar to those consolidated in the Elizabethan Statute of Labourers. In 1617 it was provided (and reaffirmed in 1661) that power should be given to the sheriffs to compel payment of wages, "that servants may be the more willing to obey the ordinance
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
." The difficulties in regulation of compulsory labour in Scotland must, however, have been great, for in 1672 houses of correction were erected for disobedient servants, and masters of these houses were empowered to force them to work and to correct them according to their demerits. While servants in manufacture were compelled to work at reasonable rates they might not enter on a new hire without their previous master's consent.
Industrial Revolution
Such legislation continued, at least theoretically, in force until the awakening effected by the beginning of the Industrial Revolution—that is, until the combined effects of steady concentration of capital in the hands of employers and expansion of trade, followed closely by an unexampled development of invention in machinery and application of power to its use, xvi. 1 a completely altered the face of industrial England. From time to time, in respect of particular trades, provisions against truck and for payment of wages in current coinCoin
A coin is a piece of hard material that is standardized in weight, is produced in large quantities in order to facilitate trade, and primarily can be used as a legal tender token for commerce in the designated country, region, or territory....
, similar to the act of Edward IV. in the woollen industry, were found necessary, and this branch of labour legislation developed through the reigns of Anne and the four Georges until consolidation and amendment were effected, after the completion of the industrial revolution, in the Truck Act 1831. From the close of the 17th century and during the 18th century the legislature is no longer mainly engaged in devising means for compelling labourers and artisans to enter into involuntary service, but rather in regulating the summary powers of justices of the peace in the matter of dispute between masters and servants in relation to contracts and agreements, express or implied, presumed to have been entered into voluntarily on both sides. While the movement to refer labour questions to the jurisdiction of the justices thus gradually developed, the main subject matter for their exercise of jurisdiction in regard to labour also changed, even when theoretically for a time the two sets of powers—such as (a) moderation of craft gild ordinances and punishment of workers refusing hire, or (b) fixing scales of wages and enforcement of labour contracts—might be concurrently exercised. Even in an act of George II
George II of Great Britain
George II was King of Great Britain and Ireland, Duke of Brunswick-Lüneburg and Archtreasurer and Prince-elector of the Holy Roman Empire from 11 June 1727 until his death.George was the last British monarch born outside Great Britain. He was born and brought up in Northern Germany...
(1746) for settlement of disputes and differences as to wages or other conditions under a contract of labour, power was retained for the justices, on complaint of the masters of misdemeanour or ill-behaviour on the part of the servant, to discharge the latter from service or to send him to a house of correction " there to be corrected," that is, to be held to hard labour for a term not exceeding a month or to be corrected by whip
Whip
A whip is a tool traditionally used by humans to exert control over animals or other people, through pain compliance or fear of pain, although in some activities whips can be used without use of pain, such as an additional pressure aid in dressage...
ping. In an act with similar aims of George IV (1823), with a rather wider scope, the power to order corporal punishment
Corporal punishment
Corporal punishment is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable...
, and in 1867 to hard labour, for breach of labour contracts had disappeared, and soon after the middle of the 19th century the right to enforce contracts of labour also disappeared. Then breach of such labour contracts became simply a question of recovery of damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
, unless both parties agreed that security
Security
Security is the degree of protection against danger, damage, loss, and crime. Security as a form of protection are structures and processes that provide or improve security as a condition. The Institute for Security and Open Methodologies in the OSSTMM 3 defines security as "a form of protection...
for performance of the contract shall be given instead of damages.
Child labour
While the endeavour to enforce labour apart from a contract died out in the latter end of the 18th century, sentiment for some time had strongly grown in favour of developing early industrial training of children. It appears to have been a special object of charitable and philanthropic endeavour in the 17th century, as well as the 18th, to found houses of industry, in which little children, even under five years of age, might be trained for apprenticeship with employers. Connected as this development was with poor relief, one of its chief aims was to prevent future unemployment
Unemployment
Unemployment , as defined by the International Labour Organization, occurs when people are without jobs and they have actively sought work within the past four weeks...
and vagrancy by training in habits and knowledge of industry, but not unavowed was another. motive: " from children thus trained up to constant labour we may venture to hope the lowering of its price." 1 The evils and excesses which lay enfolded within such a movement gave the first impulse to the new ventures in labour legislation which are specially the work of the 19th century. Evident as it is " that before the Industrial Revolution very young children were largely employed both in their own homes and as apprentices under the Poor Law," and that " long before Peel's time there were misgivings about the apprenticeship system," still it needed the concentration and prominence of suffering and injury to child life in the factory system to lead
Lead
Lead is a main-group element in the carbon group with the symbol Pb and atomic number 82. Lead is a soft, malleable poor metal. It is also counted as one of the heavy metals. Metallic lead has a bluish-white color after being freshly cut, but it soon tarnishes to a dull grayish color when exposed...
to parliamentary intervention.
- Combination Act 1799
Nineteenth century reform
A serious outbreak of feverFever
Fever is a common medical sign characterized by an elevation of temperature above the normal range of due to an increase in the body temperature regulatory set-point. This increase in set-point triggers increased muscle tone and shivering.As a person's temperature increases, there is, in...
in 1784 in cotton
Cotton
Cotton is a soft, fluffy staple fiber that grows in a boll, or protective capsule, around the seeds of cotton plants of the genus Gossypium. The fiber is almost pure cellulose. The botanical purpose of cotton fiber is to aid in seed dispersal....
mills near Manchester
Manchester
Manchester is a city and metropolitan borough in Greater Manchester, England. According to the Office for National Statistics, the 2010 mid-year population estimate for Manchester was 498,800. Manchester lies within one of the UK's largest metropolitan areas, the metropolitan county of Greater...
appears to have first drawn widespread and influential public opinion to the overwork of children, under terribly dangerous and insanitary conditions, on which the factory system was then largely being carried on. A local inquiry, chiefly by a group of medical men presided over by Dr Thomas Percival
Thomas Percival
Thomas Percival FRS FRSE FSA was an English physician and author, best known for crafting perhaps the first modern code of medical ethics...
, was instituted by the justices of the peace for Lancashire
Lancashire
Lancashire is a non-metropolitan county of historic origin in the North West of England. It takes its name from the city of Lancaster, and is sometimes known as the County of Lancaster. Although Lancaster is still considered to be the county town, Lancashire County Council is based in Preston...
, and in the forefront of the resulting report stood a recommendation for limitation and control of the working hours of the children. A resolution
Resolution (law)
A resolution is a written motion adopted by a deliberative body. The substance of the resolution can be anything that can normally be proposed as a motion. For long or important motions, though, it is often better to have them written out so that discussion is easier or so that it can be...
by the county justices followed, in which they declared their intention in future to refuse
"indentures of parish Apprentices whereby they shall be bound to Owners of Cotton Mills and other works in which children are obliged to work in the night or more than ten hours in the day."
In 1795 the Manchester Board of Health was formed, which, with fuller information, more definitely advised legislation for the regulation of the hours and conditions of labour in factories. In 1802 the Health and Morals of Apprentices Act was passed, which in effect formed the first step towards prevention of injury to and protection of labour in factories. It was directly aimed only at evils of the apprentice system, under which large numbers of pauper children were worked in cotton and woollen mills without education, for excessive hours, under wretched conditions. It did not apply to places employing fewer than twenty persons or three apprentices, and it applied the principle of limitation of hours (to twelve a day) and abolition of night work, as well as educational requirements, only to apprentices. Religious teaching and suitable sleeping accommodation
Dwelling
Dwelling, as well as being a term for a house, or for living somewhere, or for lingering somewhere, is a philosophical concept which was developed by Martin Heidegger. Dwelling is about making yourself at home where the home itself is a building that is a house...
and clothing were provided for in the act, also as regards apprentices. Lime-washing
Whitewash
Whitewash, or calcimine, kalsomine, calsomine, or lime paint is a very low-cost type of paint made from slaked lime and chalk . Various other additives are also used...
and ventilation
Mechanical ventilation
In medicine, mechanical ventilation is a method to mechanically assist or replace spontaneous breathing. This may involve a machine called a ventilator or the breathing may be assisted by a physician, respiratory therapist or other suitable person compressing a bag or set of bellows...
provisions applied to all cotton and woollen factories employing more than twenty persons. "Visitors" were to be appointed by county justices for repression of contraventions, and were empowered to
"direct the adoption of such sanitary regulations as they might on advice think proper."
The mills were to be registered by the clerk of the peace, and justices had power to inflict fines of from £2 to for contraventions. Although enforcement of the very limited provisions of the act was in many cases poor or non-existent, in some districts excellent work was done by justices, and in 1803 the West Riding of Yorkshire
Yorkshire
Yorkshire is a historic county of northern England and the largest in the United Kingdom. Because of its great size in comparison to other English counties, functions have been increasingly undertaken over time by its subdivisions, which have also been subject to periodic reform...
justices passed a resolution substituting the ten hours' limit for the twelve hours' limit of the act, as a condition of permission for indenturing of apprentices in mills.
Rapid development of the application of steam
Steam
Steam is the technical term for water vapor, the gaseous phase of water, which is formed when water boils. In common language it is often used to refer to the visible mist of water droplets formed as this water vapor condenses in the presence of cooler air...
power to manufacture led to growth of employment of children in populous centres, otherwise than on the apprenticeship system, and before long the evils attendant on this change brought the general question of regulation and protection of child labour in textile factories to the front. The Act of 1819, limited as it was, was a noteworthy step forward, in that it dealt with this wider scope of employment of children in cotton factories, and it is satisfactory to record that it was the outcome of the efforts and practical experiments of a great manufacturer, Robert Owen
Robert Owen
Robert Owen was a Welsh social reformer and one of the founders of utopian socialism and the cooperative movement.Owen's philosophy was based on three intellectual pillars:...
. Its provisions fell on every point lower than the aims he put forward on his own experience as practicable, and notably in its application only to cotton mills instead of all textile factories. Prohibition of child labour under nine years of age and limitation of the working day to twelve in the twenty-four
24 Parganas
24 Parganas district is a former district of the Indian state of West Bengal. The district was split into two districts — North 24 Parganas district and South 24 Parganas district, with effect from 1 March 1986....
(without specifying the precise hour of beginning and closing) were the main provisions of this act. No provision was made for enforcement of the law beyond such as was attempted in the act of 1802.
Slight amendments were attempted in the acts of 1825 and 1831, but the first really important factory act
Factory Acts
The Factory Acts were a series of Acts passed by the Parliament of the United Kingdom to limit the number of hours worked by women and children first in the textile industry, then later in all industries....
was in 1833 applying to textile factories generally, limiting employment of young persons under eighteen years of age, as well as children, prohibiting night work between 8.30 p.m. and 5.30 a.m., and first providing for "inspectors" to enforce the law. This is the act which was based on the devoted efforts of Michael Sadler
Michael Thomas Sadler
Michael Thomas Sadler was a radical British Tory Member of Parliament , opponent of Catholic emancipation and leader of the factory reform movement...
, with whose name in this connexion that of Lord Ashley, afterwards Earl of Shaftesbury, was from 1832 associated. The importance of this act lay in its provision for skilled inspection and thus for enforcement of the law by an independent body of men unconnected with the locality in which the manufactures lay, whose specialisation in their work enabled them to acquire information needed for further development of legislation for protection of labour. Their powers were to a certain extent judicial, being assimilated to those possessed by justices; they could administer oaths and make such "rules, regulations and orders" as were necessary for execution of the act, and could hear complaints and impose penalties under the act.
In 1844 a Textile Factory Act modified these extensive inspectoral powers, organizing the service on lines resembling those of our own time, and added provision for certifying surgeons to examine workers under sixteen years of age as to physical fitness for employment and to grant certificates of age and ordinary strength. Hours of labour, by the act of 1833, were limited for children under eleven to 9 a day or 48 in the week, and for young persons under eighteen to 12 a day or 69 in the week. Between 1833 and 1844 the movement in favour of a ten hours' day, which had long been in progress, reached its height in a time of great commercial and industrial distress, but could not be carried into effect until 1847. By the act of 1844 the hours of adult women were first regulated, and were limited (as were already those of "young persons") to 12 a day; children were permitted either to work the same hours on alternate days or "half-time," with compulsory school attendance as a condition of their employment. The aim in thus adjusting the hours of the three classes of workers was to provide for a practical standard working-day. For the first time detailed provisions for health and safety began to make their appearance in the law. Penal compensation
Workers' compensation
Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence...
for preventible injuries due to unfenced machinery was also provided, and appears to have been the outcome of a discussion by witnesses before the Royal Commission on Labour of Young Persons in Mines and Manufactures in 1841.
From this date, 1841, begin the first attempts at protective legislation for labour in mining. The first Mines Act of 1842 following the terrible revelations of the Royal Commission referred to excluded women and girls from underground working, and limited the employment of boys, excluding from underground working those under ten years, but it was not until 1850 that systematic reporting of fatal accidents and until 1855 that other safeguards for health, life and limb
Limb (anatomy)
A limb is a jointed, or prehensile , appendage of the human or other animal body....
in mines were seriously provided by law. With the exception of regulations against truck there was no protection for the miner before 1842; before 1814 it was not customary to hold inquests on miners killed by accidents in mines. From 1842 onwards considerable interaction in the development of the two sets of acts (mines and factories), as regards special protection against industrial injury o health and limb, took place, both in parliament and in the department (Home Office) administering them.
Another strong influence tending towards ultimate development of scientific protection of health and life in industry began in the work and reports of the series of sanitary commissions and Board of Health reports from 1843 onwards. In 1844 the mines inspector made his first report, but two years later women were still employed to some extent underground. Organised inspection began in 1850, and in 1854 the Select Committee on Accidents adopted a suggestion of the inspectors for legislative extension of the practice of several colliery owners in framing' special safety rules for working in mines.
The Act of 1855 provided seven general rules, relating to ventilation, fencing
Fencing
Fencing, which is also known as modern fencing to distinguish it from historical fencing, is a family of combat sports using bladed weapons.Fencing is one of four sports which have been featured at every one of the modern Olympic Games...
of disused shafts, proper means for signalling, proper gauges and valve
Valve
A valve is a device that regulates, directs or controls the flow of a fluid by opening, closing, or partially obstructing various passageways. Valves are technically pipe fittings, but are usually discussed as a separate category...
for steam-boiler
Boiler
A boiler is a closed vessel in which water or other fluid is heated. The heated or vaporized fluid exits the boiler for use in various processes or heating applications.-Materials:...
, indicator
Indicator
Indicator may mean:In chemistry:* pH indicator, a chemical detector for protons in acid-base titrations* Redox indicator, a chemical detector for redox titrations* Complexometric indicator, a chemical detector for metal ions in complexometric titrations...
and brake
Brake
A brake is a mechanical device which inhibits motion. Its opposite component is a clutch. The rest of this article is dedicated to various types of vehicular brakes....
for machine lowering and raising; also it provided that detailed special rules submitted by mine-owners to the secretary of state
Secretary of State
Secretary of State or State Secretary is a commonly used title for a senior or mid-level post in governments around the world. The role varies between countries, and in some cases there are multiple Secretaries of State in the Government....
, might, on his approval, have the force of law and be enforceable by penalty
Sanctions (law)
Sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. Criminal sanctions can take the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines...
.
The Mines Act of 1860, besides extending the law to ironstone mines, following as it did on a series of disastrous accidents and explosions, strengthened some of the provisions for safety. At several inquests strong evidence was given of incompetent management and neglect of rules, and a demand was made for enforcing employment only of certificated managers of coal mines. This was not met until the act of 1872, but in 1860 certain sections relating to wages and education were introduced. Steady development of the coal industry, increasing association among miners, and increased scientific knowledge of means of ventilation and of other methods for securing safety, all paved the way to the Coal Mines Act of 1872, and in the same year health and safety in metalliferous mines received their first legislative treatment in a code of similar scope and character to that of the Coal Mines Act. This act was amended in 1886, and repealed and recodified in 1887; its principal provisions are still in force, with certain revised special rules and modifications as regards reporting of accidents (1906) and employment of children (1903). It was based on the recommendations of a Royal Commission, which had reported in 1864, and which had shown the grave excess of mortality and sickness among metalliferous miners, attributed to the inhalation of gritty particles, imperfect ventilation, great changes of temperature, excessive physical exertion, exposure to wet, and other causes. The prohibition of employment of women and of boys under ten years underground in this class of mines, as well as in coal mines, had been effected by the act of 1842, and inspection had been provided for in the act of 1860; these were in amended form included in the code of 1872, the age of employment of boys underground being raised to twelve.
In the Coal Mines Act of 1872 we see the first important effort to provide a complete code of regulation for the special dangers to health, life and limb in coal mines apart from other mines; it applied to
"mines of coal, mines of stratified ironstone, mines of shale and mines of fire-clayClayClay is a general term including many combinations of one or more clay minerals with traces of metal oxides and organic matter. Geologic clay deposits are mostly composed of phyllosilicate minerals containing variable amounts of water trapped in the mineral structure.- Formation :Clay minerals...
."
Unlike the companion act—applying to all other mines—it maintained the age limit of entering underground employment for boys at ten years, but for those between ten and twelve it provided for a system of working analogous to the half-time system in factories, including compulsory school attendance. The limits of employment for boys from twelve to sixteen were io hours in any one day and 54 in any one week. The chief characteristics of the act lay in extension of [the " general " safety rules, improvement of the method of formulating "special" safety rules, provision for certificated and competent management, and increased inspection. Several important matters were transferred from the special to the general rules, such as compulsory use of safety lamps where needed, regulation of use of explosives, and securing of roofs and sides. Special rules, before being submitted to the secretary of state for approval, must be posted in the mine for two weeks, with a notice that objections might be sent by any person employed to the district inspector. Wilful neglect of safety provisions became punishable in the case of employers as well as miners by imprisonment with hard labour. But the most important new step lay in the sections relating to daily control and supervision of every mine by a manager holding a certificate of competency from the secretary of state, after examination by a board of examiners appointed by the secretary of state, power being retained for him to cause later inquiry into competency of the holder of the certificate, and to cancel or suspend the certificate in case of proved unfitness.
Returning to the development of factory and workshop law from the year, 1844, the main line of effort—after the act of 1847 had restricted hours of women and young persons to 10 a day and fixed the daily limits between 6 a.m. and 6 p.m. (Saturday 6 a.m. to 2 p.m.)—lay in bringing trade after trade in some degree under the scope of this branch of law, which had hitherto only regulated conditions in textile factories. Bleach
Bleach
Bleach refers to a number of chemicals that remove color, whiten, or disinfect, often via oxidation. Common chemical bleaches include household chlorine bleach , lye, oxygen bleach , and bleaching powder...
ing and dyeing
Dyeing
Dyeing is the process of adding color to textile products like fibers, yarns, and fabrics. Dyeing is normally done in a special solution containing dyes and particular chemical material. After dyeing, dye molecules have uncut Chemical bond with fiber molecules. The temperature and time controlling...
works were included by the acts of 1860 and 1862; lace
Lace
Lace is an openwork fabric, patterned with open holes in the work, made by machine or by hand. The holes can be formed via removal of threads or cloth from a previously woven fabric, but more often open spaces are created as part of the lace fabric. Lace-making is an ancient craft. True lace was...
factories by that of 1861; calendering and finishing
Finishing (textiles)
In textile manufacturing, finishing refers to any process performed on yarn or fabric after weaving or knitting to improve the look, performance, or "hand" of the finished textile or clothing...
by acts of 1863 and 1864; bakehouses became partially regulated by an act of 1863, with special reference to local authorities for administration of its clauses. The report of the third Children's Employment Commission brought together in accessible form the miserable facts relating to child labour in a number of unregulated industries in the year 1862, and the act of 1864 brought some of (these earthenware-making, lucifer
Lucifer
Traditionally, Lucifer is a name that in English generally refers to the devil or Satan before being cast from Heaven, although this is not the original meaning of the term. In Latin, from which the English word is derived, Lucifer means "light-bearer"...
match
Match
A match is a tool for starting a fire under controlled conditions. A typical modern match is made of a small wooden stick or stiff paper. One end is coated with a material that can be ignited by frictional heat generated by striking the match against a suitable surface...
-making, percussion cap and cartridge
Cartridge (firearms)
A cartridge, also called a round, packages the bullet, gunpowder and primer into a single metallic case precisely made to fit the firing chamber of a firearm. The primer is a small charge of impact-sensitive chemical that may be located at the center of the case head or at its rim . Electrically...
making, paper-staining, and fustian
Fustian
Fustian is a term for a variety of heavy woven, mostly cotton fabrics, chiefly prepared for menswear. It is also used to refer to pompous, inflated or pretentious writing or speech, from at least the time of Shakespeare...
cutting) partly under the scope of the various textile factory acts
Factory Acts
The Factory Acts were a series of Acts passed by the Parliament of the United Kingdom to limit the number of hours worked by women and children first in the textile industry, then later in all industries....
in force. A larger addition of trades was made three years later, but the act of 1864 is particularly interesting in that it first embodied some of the results of inquiries of expert medical and sanitary commissioners, by requiring ventilation to be applied to the removal of injurious gases, dust
Dust
Dust consists of particles in the atmosphere that arise from various sources such as soil dust lifted up by wind , volcanic eruptions, and pollution...
, and other impurities generated in manufacture, and made a first attempt to engraft part of the special rules system from the mines acts. The provisions for framing such rules disappeared in the Consolidating Act of 1878, to be revived in a better form later.
The Sanitary Act of 1866, administered by local authorities, provided for general sanitation in any factories and workshops not under existing factory acts, and the Workshops Regulation Act of 1867, similarly to be administered by local authorities, amended in 1870, practically completed the application of the main principle of the factory acts to all places in which manual labour was exercised for gain in the making or finishing of articles or parts of articles for sale. A few specially dangerous or injurious trades brought under regulation in 1864 and 1867 (e.g. earthenware and lucifer match making, glass
Glass
Glass is an amorphous solid material. Glasses are typically brittle and optically transparent.The most familiar type of glass, used for centuries in windows and drinking vessels, is soda-lime glass, composed of about 75% silica plus Na2O, CaO, and several minor additives...
-making) ranked as "factories," although not using mechanical power, and for a time employment of less than fifty persons relegated certain work-places to the category of "workshops," but broadly the presence or absence of such motor power in aid of process was made and has remained the distinction between factories and workshops.
The Factory Act of 1874, the last of the series before the great Consolidating Act of 1878, raised the minimum age of employment for children to ten years in textile factories. In most of the great inquiries into conditions of child labour the fact has come clearly to light, in regard to textile and nontextile trades alike, that parents as much as any employers have been responsible for too early employment and excessive hours of employment of children, and from early times until to-day in factory legislation it has been recognised that they must to some extent be held responsible for due observation of the limits imposed. For example, in 1831 it was found necessary to protect occupiers against parental responsibility for false certificates of age, and in 1833 parents of a child or
"any Person having any benefit from the wages of such child"
were made to share responsibility for employment of children without school attendance or beyond legal hours.
During the discussions on the bill which became law in 1874, it had become apparent that revision and consolidation of the multiplicity of statutes then regulating manufacturing industry had become pressingly necessary; modifications and exceptions for exceptional conditions in separate industries needed reconsideration and systematisation on clear principles, and the main requirements of the law could with great advantage be applied more generally to all the industries. In particular, the daily limits as to period of employment, pauses for meals, and holidays, needed to be unified for non-textile factories and workshops, so as to bring about a standard working-day, and thus prevent the tendency in
"the larger establishments to farm out work among the smaller, where it is done under less favourable conditions both sanitary and educational."
In these main directions, and that of simplifying definitions, summarizing special sanitary provisions that had been gradually introduced for various trades, and centralizing and improving the organisation of the inspectorate, the Commission of 1876 on the Factory Acts made its recommendations, and the Factory Act of 1878 took effect. In the fixed working-day, provisions for pauses, holidays, general and special exceptions, distinctions between systems of employment for children, young persons and women, education of children and certificates of fitness for children and young persons, limited regulation of domestic workshops, general principles of administration and definitions, the law of 1878 was made practically the same as that embodied in the later principal act of 1901. More or less completely revised were:
the sections in the 1878 act relating to mode of controlling sanitary conditions in workshops (since 1891 primarily enforced by the local sanitary authority); provision for reporting accidents and for enforcing safety (other than fencing of mill
Gristmill
The terms gristmill or grist mill can refer either to a building in which grain is ground into flour, or to the grinding mechanism itself.- Early history :...
gearing and dangerous machinery); detailed regulation of injurious and dangerous process and trades; powers of certifying surgeons; amount of overtime permissible (greatly reduced in amount and now confined to adults); age for permissible employment of a child has been raised from ten years to twelve years.
Entirely new since the act of 1878 are the provisions: for control of outwork; for supplying particulars of work and wages to piece-workers, enabling them to compute the total amount of wages payable to them; extension of the act to laundries; a tentative effort to limit the too early employment of mothers after childbirth.
The Factories and Workshops Act 1878 remained until the Factory and Workshop Act 1901, although much had been meanwhile superimposed, a monument to the efforts of the great factory reformers of the first half of the 19th century, and the general groundwork of safety for workers in factories and workshops in the main divisions of sanitation, security against accidents, physical fitness of workers, general limitation of hours and times of employment for young workers and women. The Factory and Workshop Act 1901, which came into force 1 January 1902 (and became the principal act),was an amending as well as a consolidating act. Comparison of the two acts shows, however, that, in spite of the advantages of further consolidation and helpful changes in arrangement of sections and important additions which tend towards a specialised hygiene
Hygiene
Hygiene refers to the set of practices perceived by a community to be associated with the preservation of health and healthy living. While in modern medical sciences there is a set of standards of hygiene recommended for different situations, what is considered hygienic or not can vary between...
for factory life, the fundamental features of the law as fought out in the 19th century remain undisturbed. So far as the law has altered in character, it has done so chiefly by gradual development of certain sanitary features, originally subordinate, and by strengthening provision for security against accidents and not by retreat from its earlier aims. At the same time a basis for possible new developments can be seen in the protection of " outworkers " as well as factory workers against fraudulent or defective particulars of piece-work rates of wages.
Later acts directly and indirectly affecting the law are certain acts of 1903, 1906, 1907, to be touched on presently.
The Act of 1878, in a series of acts from 1883 to 1895, received striking additions, based
- on the experience gained in other branches of protective legislation, e.g. development of the method of regulation of dangerous trades by A t of s "special rules " and administrative inquiry into Km, accidents under Coal Mines Acts;
- on the findings of royal commissions and parliamentary inquiries, e.g. increased control of "outwork " and domestic workshops, and limitation of "overtime ";
- on the development of administrative machinery for enforcing the more modern law relating to public health, e.g. transference of administration of sanitary provisions in workshops to the local sanitary authorities;
- on the tradeunion demand for means for securing trustworthy records of wage-contracts between employer and workman, e.g. the section requiring particulars of work and wages for piece-workers.
The first additions to the act of 1878 were, however, almost purely attempts to deal more adequately than had been attempted in the code of 1878 with certain striking instances of trades injurious to health. Thus the Factory and Workshop Act of 1883 provided that white-lead factories should not be carried on without a certificate of conformity with certain conditions, and also made provision for special rules, on lines later superseded by those laid down in the act of 1891, applicable to any employment in a factory or workshop certified as dangerous or injurious by the secretary of state.
The act of 1883 also dealt with sanitary conditions in bakehouses. Certain definitions and explanations of previous enactments touching overtime and employment of a child in any factory or workshop were also included in the act. A class of factories in which excessive heat and humidity seriously affected the health of operatives was next dealt with in the Cotton Cloth Factories Act 1889. This provided for special notice to the chief inspector from all occupiers of cotton cloth factories (i.e. any room, shed
Shed
A shed is typically a simple, single-storey structure in a back garden or on an allotment that is used for storage, hobbies, or as a workshop....
, or workshop or part thereof in which weaving of cotton cloth is carried on) who intend to produce humidity by artificial means; regulated both temperature of workrooms and amount of moisture in the atmosphere
Atmosphere
An atmosphere is a layer of gases that may surround a material body of sufficient mass, and that is held in place by the gravity of the body. An atmosphere may be retained for a longer duration, if the gravity is high and the atmosphere's temperature is low...
, and provided for tests and records of the same; and fixed a standard minimum volume of fresh air (600 cu ft (17 m³)) to be admitted in every hour for every person employed in the factory. Power was retained for the secretary of state to modify by order the standard for the maximum limit of humidity of the atmosphere at any given temperature. A short act in 1870 extended this power to other measures for the protection of health.
The special measures from 1878 to 1889 gave valuable precedents for further developments of special hygiene in factory life, but the next advance in the Factory and Workshop Act 1891, following the House of Lords Committee on the sweating system
Sweating system
Sweating system was a term used to describe an iniquitous system of subcontracting in the tailoring trade which came into prominence around 1848. In contemporary English the term sweatshop has a similar meaning...
and the Berlin International Labour Conference, extended over much wider ground. Its principal objects were:
to render administration of the law relating to workshops more efficient, particularly as regards sanitation; with this end in view it made the primary controlling authority for sanitary matters in workshops the local sanitary authority (now the district council), acting by their officers, and giving them the powers of the less numerous body of factory inspectors, while at the same time the provisions of the Public Health Acts replaced in workshops the very similar sanitary provisions of the Factory Acts; to provide for greater security against accidents and more efficient fencing of machinery in factories; to extend the method of regulation of unhealthy or dangerous occupations by application of special rules and requirements to any incident of employment (other than in a domestic workshop) certified by the secretary of state to be dangerous or injurious to health or dangerous to life or limb;
(d) to raise the age of employment of children and restrict the employment of women immediately after childbirth;
(e) to require particulars of rate of wages to be given with work to piece-workers in certain branches of the textile industries;
(f) to amend the act of 1878 in various subsidiary ways, with the view of improving the administration of its principles, e.g. by increasing the means of checking the amount of overtime worked, empowering inspectors to enter work-places used as dwellings without a justice's warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
, and the imposition of minimum penalties in certain cases. On this act followed four years of greatly accelerated administrative activity. No fewer than sixteen trades were scheduled by the secretary of state as dangerous to health. The manner of preparing and establishing suitable rules was greatly modified by the Factory and Workshop Act 1901 and will be dealt with in that connexion.
The Factory and Workshop Act 1895
Factory and Workshop Act 1895
The Factory and Workshop Act 1895 was a UK Act of Parliament intended to regulate the conditions, safety, health and wages of people working in factories...
followed thus on a period of exercise of new powers of administrative regulation (the period being also that during which the Royal Commission on Labour made its wide survey of industrial conditions), and after two successive annual reports of the chief inspector of factories had embodied reports and recommendations from the women inspectors, who in 1893 were first added to the inspectorate. Again, the chief features of an even wider legislative effort than that of 1891 were the increased stringency and definiteness of the measures for securing hygienic and safe conditions of work. Some of these measures, however, involved new principles, as in the provision for the prohibition of the use of a dangerous machine or structure by the order of a magistrate's court, and the power to include in the special rules drawn up in pursuance of section 8 of the Act of 1891, the prohibition of the employment of any class of persons, or the limitation of the period of employment of any class of persons in any process scheduled by order of the secretary of state. These last two powers have both been exercised, and with the exercise of the latter died, without opposition, the absolute freedom of the employer of the adult male labourer to carry on his manufacture without legislative limitation of the hours of labour. Second only in significance to these new developments was the addition, for the first time since 1867, of new classes of workplaces not covered by the general definitions in section 93 of the Consolidating Act of 1878, viz.
laundries (with special conditions as to hours, &c.); docks, wharves, quays, warehouses and premises on which machinery worked by power is temporarily used for the purpose of the construction of a building or any structural work in connexion with the building (for the purpose only of obtaining security against accidents).
Other entirely new provisions in the Act of 1895, later strengthened by the Factory and Workshop Act 1901, were the requirement of a reasonable temperature in workrooms, the requirement of lavatories for the use of persons employed in any department where poisonous substances are used, the obligation on occupiers and medical practitioners to report cases of industrial poisoning; and the penalties imposed on an employer wilfully allowing wearing apparel to be made, cleaned or repaired in a dwelling-house where an inmate is suffering from infectious disease. Another provision empowered the secretary of state to specify classes of outwork and areas with a view to the regulation of the sanitary condition of premises in which outworkers are employed. Owing to the conditions attached to its exercise, no case was found in which this power could come into operation, and the act of 1901 deals with the matter on new lines.
The requirement of annual returns from occupiers of persons employed, and the competency of the person charged with infringing the act to give evidence in his defence, were important new provisions, as was also the adoption of the powers to direct a formal investigation of any accident
Accident
An accident or mishap is an unforeseen and unplanned event or circumstance, often with lack of intention or necessity. It implies a generally negative outcome which may have been avoided or prevented had circumstances leading up to the accident been recognized, and acted upon, prior to its...
on the lines laid down in section 45 of the Coal Mines Regulation Act 1887. Other sections, relating to sanitation and safety, were developments of previous regulations, e.g. the fixing of a standard of overcrowding, provision of sanitary accommodation separate for each sex
Sex
In biology, sex is a process of combining and mixing genetic traits, often resulting in the specialization of organisms into a male or female variety . Sexual reproduction involves combining specialized cells to form offspring that inherit traits from both parents...
where the standard of the Public Health Act Amendment Act 1890 had not been adopted by the competent local sanitary authority, power to order a fan
Fan (mechanical)
A mechanical fan is a machine used to create flow within a fluid, typically a gas such as air.A fan consists of a rotating arrangement of vanes or blades which act on the air. Usually, it is contained within some form of housing or case. This may direct the airflow or increase safety by preventing...
or other mechanical means to carry off injurious gas, vapour or other impurity (the previous power covering only dust). The fencing of machinery and definition of accidents were made more precise, young persons were prohibited from cleaning dangerous machinery, and additional safeguards against risk of injury by fire or panic were introduced. On the question of employment the foremost amendments lay in the almost complete prohibition of overtime for young persons, and the restriction of the power of an employer to employ protected persons outside his factory or workshop on the same day that he had employed them in the factory or workshop. Under the head of particulars of work and wages to piece-workers an important new power, highly valued by the workers, was given to apply the principle with the necessary modifications by order of the secretary of state to industries other than textile and to outworkers as well as to those employed inside factories and workshops.
In 1899 an indirect modification of the limitation to employment of children was effected by the Elementary Education Amendment Act 1899, which, by raising from eleven to twelve the minimum age at which a child may, by the by-laws of a local authority, obtain total or partial exemption from the obligation to attend school, made it unlawful for an occupier to take into employment any child under twelve in such a manner as to prevent full-time attendance at school. The age of employment became generally thereby the same as it has been for employment at a mine above ground since 1887. The Act of 1901 made the prohibition of employment of a child under twelve in a factory or workshop direct and absolute. Under the divisions of sanitation, safety, fitness for employment, special regulation of dangerous trades, special control of bakehouses, exceptional treatment of creameries, new methods of dealing with home work and outworkers, important additions were made to the general law by the Act of 1901, as also in regulations for strengthened administrative control. New general sanitary provisions were those prescribing,
ventilation per se for every workroom, and empowering the secretary of state to fix a standard of sufficient ventilation; drainage of wet floors; the power of the secretary of state to define in certain cases what shall constitute sufficient and suitable sanitary accommodation.
New safety provisions were those relating to:
Examination and report on steam boilers; prohibition of employment of a child in cleaning below machinery in motion; power of the district council to make by-laws for escape in case of fire.
The most important administrative alterations were,
a justice engaged in the same trade as, or being officer of an association of persons engaged in the same trade as, a person charged with an offence may not act at the hearing
Hearing (law)
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency.A hearing is generally distinguished from a trial in that it is usually shorter and often less formal...
and determination of the charge; ordinary supervision of sanitary conditions under which outwork is carried on was transferred to the district council, power being reserved to the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
to intervene in case of neglect or default
Default (law)
In law, a default is the failure to do something required by law or to appearat a required time in legal proceedings.In the United States, for example, when a party has failed to file meaningful response to pleadings within...
by any district council.
The Employment of Children Act 1903, while primarily providing for industries outside the scope of the Factory Act, incidentally secured that children employed as half Acts of timers should not also be employed in other occupations. The Notice of Accidents Act 1906 amended the whole system of notification of accidents, simultaneously in mines, quarries, factories and workshops, and will be set out in following paragraphs. The Factory and Workshop Act 1907 amended the law in respect of laundries by generally applying the provisions of 1901 to trade laundries while granting them choice of new exceptional periods, and by extending the provisions of the act (with certain powers to the Home Office by Orders laid before parliament to allow variations) to institution laundries carried on for charitable or reformatory purposes. The Employment of Women Act 1907 repealed an exemption in the act of 1901 (and earlier acts) relating to employment of women in flax
Flax
Flax is a member of the genus Linum in the family Linaceae. It is native to the region extending from the eastern Mediterranean to India and was probably first domesticated in the Fertile Crescent...
scutch mills, thus bringing this employment under the ordinary provisions as to period of employment.
- Factory and Workshop Act 1901
- United Kingdom mines and quarries regulation in 1910United Kingdom mines and quarries regulation in 1910Mines and quarries regulation in 1910 was a specialised topic in UK labour law, given the complexity of the legislation and seriousness of injuries that people suffered.-Coal Mines:...
- Shops Act 1911Shops Act 1911The Shops Act 1911 was a piece of legislation passed in the United Kingdom which allowed a weekly half holiday for shop staff. This became known in Britain as "early closing day".-Background:...
Laissez faire
At the same time, Industrial Britannia was extending its Empire, its corporations and its business responsible for half the world's production across a third of the globe's land, a quarter of its population, and ruling its waves. Joint Stock Companies
Joint Stock Companies Act 1856
The Joint Stock Companies Act 1856 was a consolidating statute, recognised as the founding piece of modern United Kingdom company law legislation.-Overview:...
, building railways, canals and factories, manufacturing household goods, connecting telegraphs, distributing coal, formed the backbone of this dominant laissez faire model of commerce. Toward the turn of the century, in Mogul Steamship Co Ltd v McGregor, Gow & Co
Mogul Steamship Co Ltd v McGregor, Gow & Co
Mogul Steamship Co Ltd v McGregor, Gow & Co [1892] AC 25 is an English tort law case concerning the economic tort of conspiracy to injure. A product of its time, the courts adhered to a laissez faire doctrine allowing firms to form a cartel, which would now be seen as contrary to the Competition...
, the House of Lords emphasised that businesses should be free to organise into trade associations in the same way that employees organised into unions. The consciousness of working people that they should have a role in the economy mirrored the development toward political participation.
- Friedrich EngelsFriedrich EngelsFriedrich Engels was a German industrialist, social scientist, author, political theorist, philosopher, and father of Marxist theory, alongside Karl Marx. In 1845 he published The Condition of the Working Class in England, based on personal observations and research...
, The Condition of the Working Class in England in 1844The Condition of the Working Class in England in 1844The Condition of the Working Class in England in 1844 is one of the best-known works of Friedrich Engels.Originally written in German as Die Lage der arbeitenden Klasse in England, it is a study of the working class in Victorian England. It was also Engels' first book, written during his stay in...
(1845) - Sir Henry James Sumner MaineHenry James Sumner MaineSir Henry James Sumner Maine, KCSI , was an English comparative jurist and historian. He is famous for the thesis outlined in Ancient Law that law and society developed "from status to contract." According to the thesis, in the ancient world individuals were tightly bound by status to traditional...
, Ancient Law (1864) and the move from status to contract - Karl MarxKarl MarxKarl Heinrich Marx was a German philosopher, economist, sociologist, historian, journalist, and revolutionary socialist. His ideas played a significant role in the development of social science and the socialist political movement...
, Das KapitalDas KapitalDas Kapital, Kritik der politischen Ökonomie , by Karl Marx, is a critical analysis of capitalism as political economy, meant to reveal the economic laws of the capitalist mode of production, and how it was the precursor of the socialist mode of production.- Themes :In Capital: Critique of...
(1867) - Trade Union Act 1871Trade Union Act 1871Trade Union Act 1871 was a Act of the Parliament of the United Kingdom which legalised trade unions for the first time in the United Kingdom.-Background:...
- Criminal Conspiracy and Protection of Property Act 1875
- Workmen's Compensation Act 1897Workmen's Compensation Act 1897The Workmen's Compensation Act 1897 was an Act of the Parliament of the United Kingdom which dealt with the right of workers for compensation for personal injury. It replaced the 1880 Employer's Liability Act, which required the injured worker the right to sue the employer and put the burden of...
- Beatrice WebbBeatrice WebbMartha Beatrice Webb, Lady Passfield was an English sociologist, economist, socialist and social reformer. Although her husband became Baron Passfield in 1929, she refused to be known as Lady Passfield...
and Sidney Webb, History of Trade UnionismHistory of Trade UnionismHistory of Trade Unionism is a book by Sidney and Beatrice Webb.First published in 1894, it is a detailed and influential accounting of the roots and development of the British trade union movement. The research materials collected by the Webbs form the Webb Collection at the London School of...
(1894) and Industrial DemocracyIndustrial DemocracyIndustrial Democracy is a book written by British socialist reformers Sidney Webb and Beatrice Webb, concerning the organisation of trade unions and collective bargaining...
(1897)
Liberal reforms from 1906
At the turn of the century the judiciary moved into a reactionary phase, passing the notorious judgment of Taff Vale Railway Co v Amalgamated Society of Railway Servants, which made trade unions liable in economic tort for the costs of industrial actionIndustrial action
Industrial action or job action refers collectively to any measure taken by trade unions or other organised labour meant to reduce productivity in a workplace. Quite often it is used and interpreted as a euphemism for strike, but the scope is much wider...
. Although a combination of employers in a company could dismiss employees without notice, a combination of employees in a trade union could not, by withdrawing their labour, do the same without sanction. This was soon reversed by an increasingly representative Parliament after the United Kingdom general election, 1906
United Kingdom general election, 1906
-Seats summary:-See also:*MPs elected in the United Kingdom general election, 1906*The Parliamentary Franchise in the United Kingdom 1885-1918-External links:***-References:*F. W. S. Craig, British Electoral Facts: 1832-1987**...
. A coalition government composed of the Labour Party
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
and the Liberals, among whom David Lloyd George
David Lloyd George
David Lloyd George, 1st Earl Lloyd-George of Dwyfor OM, PC was a British Liberal politician and statesman...
and Winston Churchill
Winston Churchill
Sir Winston Leonard Spencer-Churchill, was a predominantly Conservative British politician and statesman known for his leadership of the United Kingdom during the Second World War. He is widely regarded as one of the greatest wartime leaders of the century and served as Prime Minister twice...
were rising stars, quickly passed the Trade Disputes Act 1906
Trade Disputes Act 1906
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...
. This laid down the essential principle of collective labour law that any strike "in contemplation or furtherance of a trade dispute" is immune from discriminatory civil law sanctions. The Old Age Pensions Act 1908 provided some minimum security for people who retired, the Trade Boards Act 1909
Trade Boards Act 1909
The Trade Boards Act 1909 was a piece of social legislation passed in the United Kingdom in 1909. It provided for the creation of boards which could set minimum wage criteria that were legally enforceable...
created industrial panels that would fix minimum wages and the National Insurance Act 1911
National Insurance Act 1911
The National Insurance Act 1911 is an Act of Parliament of the United Kingdom. The Act is often regarded as one of the foundations of modern social welfare in the United Kingdom and forms part of the wider social welfare reforms of the Liberal Government of 1906-1914...
levied a fee to insure people got benefits in the event of unemployment.
- Workmen's Compensation Act 1906Workmen's Compensation Act 1906The Workmen's Compensation Act 1906 was an Act of the Parliament of the United Kingdom which dealt with the right of working people for compensation for personal injury....
Inter war period
Western Front (World War I)
Following the outbreak of World War I in 1914, the German Army opened the Western Front by first invading Luxembourg and Belgium, then gaining military control of important industrial regions in France. The tide of the advance was dramatically turned with the Battle of the Marne...
demanded the participation of every available person and resource. Women particularly took over traditional "men's jobs", as the Suffragette
Suffragette
"Suffragette" is a term coined by the Daily Mail newspaper as a derogatory label for members of the late 19th and early 20th century movement for women's suffrage in the United Kingdom, in particular members of the Women's Social and Political Union...
movement gained momentum. Before the war's conclusion, the Representation of the People Act 1918
Representation of the People Act 1918
The Representation of the People Act 1918 was an Act of Parliament passed to reform the electoral system in the United Kingdom. It is sometimes known as the Fourth Reform Act...
gave universal suffrage to men over age 21 and women over 28. A new beginning was promised by the victors to their people. The Versailles Treaty created the International Labour Organisation to draw up common standards between countries, for as it said, "peace can be established only if it is based on social justice
Social justice
Social justice generally refers to the idea of creating a society or institution that is based on the principles of equality and solidarity, that understands and values human rights, and that recognizes the dignity of every human being. The term and modern concept of "social justice" was coined by...
", and echoed the US Clayton Act 1914 in pronouncing that "labour should not be regarded merely as a commodity or an article of commerce". But the international system remained disjointed as the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
withheld its approval to join the League of Nations
League of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
. Within the UK the postwar settlement was to make a home fit for heroes. Whitley Councils extended the Trade Boards Act 1909 system to Joint Industrial Councils that encouraged (non legally binding) fair wage agreements, while the Ministry of Labour
Ministry of Labour
The Ministry of Labour was a British civil service department established by the New Ministries and Secretaries Act 1916. It was renamed the Employment Department in 1988, and finally abolished in 1995...
actively organised and advised the growth of trade unions. This was based on a theory of industrial democracy
Industrial democracy
Industrial democracy is an arrangement which involves workers making decisions, sharing responsibility and authority in the workplace. While in participative management organizational designs workers are listened to and take part in the decision-making process, in organizations employing industrial...
through collective bargaining, agreement or action, advocated by Sidney Webb and Beatrice Webb
Beatrice Webb
Martha Beatrice Webb, Lady Passfield was an English sociologist, economist, socialist and social reformer. Although her husband became Baron Passfield in 1929, she refused to be known as Lady Passfield...
in Industrial Democracy to remedy the inequality of bargaining power
Inequality of bargaining power
Inequality of bargaining power is a concept used in social sciences and humanities, particularly law and economics to denote the situation where freedom of contract ceases to be real and markets fail....
of workers. Without legal force
Legal abstentionism
Legal abstentionism is a term used in labour law and industrial relations to refer to the policy of a government to not regulate labour markets through statutory means, by relying heavily on minimum standards. This is said to be characteristic of the British industrial relations policy of the early...
behind collective agreements, the law remained in a state of collective laissez faire
Collective laissez faire
Collective laissez faire is a term in legal and economic theory used to refer to the policy of a government to leave trade unions and employers free to collectively bargain with one another, with limited government intervention and oversight...
, encouraging voluntarism
Voluntarism (action)
Voluntarism is sometimes used to mean the use of, or reliance on voluntary action to maintain an institution, carry out a policy, or achieve an end. In this context the word voluntary action means action based on free will, which in turn means action which is performed free from certain constraints...
for agreement and dispute settlement between industrial partners. The 1920s and 1930s were economically volatile. In 1926 a General Strike
1926 United Kingdom general strike
The 1926 general strike in the United Kingdom was a general strike that lasted nine days, from 4 May 1926 to 13 May 1926. It was called by the general council of the Trades Union Congress in an unsuccessful attempt to force the British government to act to prevent wage reduction and worsening...
against coal miners' pay cuts paralysed the country, though was broken by Winston Churchill
Winston Churchill
Sir Winston Leonard Spencer-Churchill, was a predominantly Conservative British politician and statesman known for his leadership of the United Kingdom during the Second World War. He is widely regarded as one of the greatest wartime leaders of the century and served as Prime Minister twice...
, by then the Chancellor of the Exchequer
Chancellor of the Exchequer
The Chancellor of the Exchequer is the title held by the British Cabinet minister who is responsible for all economic and financial matters. Often simply called the Chancellor, the office-holder controls HM Treasury and plays a role akin to the posts of Minister of Finance or Secretary of the...
. The Trade Disputes and Trade Unions Act 1927 was subsequently passed to prohibit any secondary action
Secondary action
Secondary action is industrial action by a trade union in support of a strike initiated by workers in another, separate enterprise...
. The Labour Party
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
had formed Parliamentary majorities in 1924 and 1929, but achieved little in the way of reform, particularly after the onset of the Great Depression
Great Depression
The Great Depression was a severe worldwide economic depression in the decade preceding World War II. The timing of the Great Depression varied across nations, but in most countries it started in about 1929 and lasted until the late 1930s or early 1940s...
.
- Trade Disputes and Trade Unions Act 1927 (c 22)
- Trade Boards and Road Haulage Wages (Emergency Provisions) Act 1940 c. 7
- Truck Act 1940 c. 38
- Workmen's Compensation and Benefit (Byssinosis) Act 1940 c. 56
- Workmen's Compensation (Supplementary Allowances) Act 1940 c. 47
Post War consensus
By the Second World War and the labour government of Clement AttleeClement Attlee
Clement Richard Attlee, 1st Earl Attlee, KG, OM, CH, PC, FRS was a British Labour politician who served as the Prime Minister of the United Kingdom from 1945 to 1951, and as the Leader of the Labour Party from 1935 to 1955...
, trade union membership was well established and collective agreements covered over 80 per cent of the workforce. With the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
is rapid dissolution and immigration from Commonwealth
Commonwealth
Commonwealth is a traditional English term for a political community founded for the common good. Historically, it has sometimes been synonymous with "republic."More recently it has been used for fraternal associations of some sovereign nations...
countries, combined with record levels of female workplace participation the character of Britain's workforce was changing fast. Though the common law was sometimes comparatively progressive, sometimes not, the first statutes to prohibit discrimination focused on gender and race emerged in the 1960s as the Civil Rights Act
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
was passed in the United States. Discrimination in employment (as in consumer or public service access) was formally prohibited on grounds of race in 1965, gender in 1975, disability in 1995, sexual orientation and religion in 2003 and age in 2006. A complicated and inconsistent jamboree of Acts and statutory instruments was placed into a comprehensive code in the Equality Act 2010. Much discrimination law is now applicable throughout the European Union, to which the UK acceded in 1972. While the prominence of labour issues in the early European Treaties and case law was scant, it was not until the Social Chapter
Social Chapter
The Social Chapter is the chapter of the 1997 Treaty of Amsterdam covering social policy issues, such as promotion of employment and improved living and working conditions. Prior to the Treaty of Amsterdam the "Agreement on Social Policy" protocol of the 1992 Maastricht Treaty was known as the...
of the Maastricht Treaty
Maastricht Treaty
The Maastricht Treaty was signed on 7 February 1992 by the members of the European Community in Maastricht, Netherlands. On 9–10 December 1991, the same city hosted the European Council which drafted the treaty...
was drafted that labour issues were formally incorporated into the EU's jurisprudence.
- Wages Councils Act 1945
- Trade Disputes and Trade Unions Act 1946Trade Disputes and Trade Unions Act 1946The Trade Disputes And Trade Unions Act 1946 was a British Act of Parliament passed by post-war Labour government to repeal the Trade Disputes and Trade Unions Act 1927.-Repeal:...
c. 52 - Wages Councils Act 1948 c. 7
- Employment and Training Act 1948Employment and Training Act 1948The Employment and Training Act 1948 was an Act of Parliament passed in the United Kingdom by the Labour government of Clement Attlee. This legislation became the legal foundation for the post-war employment service under the Ministry of Labour. Every worker was encouraged to register if he or she...
, employment service - Workmen's Compensation (Supplementation) Act 1951Workmen's Compensation (Supplementation) Act 1951The Workmen's Compensation Act 1951 was an Act of the Parliament of the United Kingdom. It was passed during the Labour government of Clement Attlee...
c. 22 - Industrial and Provident Societies Act 1952 c. 17
- Reinstatement in Civil Employment Act 1950 c. 10
- Terms and Conditions of Employment Act 1959
- Wages Councils Act 1959
Conservative government
From 1979, the UK's Conservative government took a strongly sceptical policy to all forms of labour law and regulation. It opted out of the Social Chapter. This approached mirrored the policy trend of the 1980s, where ten major Acts reduced the power of trade unions. Reforms to the internal structure of unions mandated that representatives be elected and a ballot is taken before a strike, that no worker could strike in sympathetic secondary actionSecondary action
Secondary action is industrial action by a trade union in support of a strike initiated by workers in another, separate enterprise...
with workers with a different employer, and that employers could not run a closed shop
Closed shop
A closed shop is a form of union security agreement under which the employer agrees to hire union members only, and employees must remain members of the union at all times in order to remain employed....
system of requiring all workers to join the recognised union. The wage councils were dismantled, and a public campaign against the merits of unions paralleled the decline of membership and collective agreement coverage to under 40 per cent.
New Labour
In 1997 the new Labour government brought the UK into the EU's Social Chapter, which has served as the source for most reform in UK law since that time. Domestic led reform was minimal. The National Minimum Wage Act 1998National Minimum Wage Act 1998
The National Minimum Wage Act 1998 creates a minimum wage across the United Kingdom, currently £6.08 per hour for workers aged 21 years and older, £4.98 per hour for workers aged 18–20...
established a country-wide minimum wage, but did not attempt to reinvigorate the Wage Board system. The Employment Relations Act 1999 introduced a 60 page procedure requiring employers to compulsorily recognise and bargain with a union, though union membership remained at a steady 30 per cent level. While the UK retains essentially the same legal framework as evolved through the 1980s, globalisation, Europeanisation and increased success in workplace participation models ensure further change will follow.
See also
- History of labour lawHistory of labour lawHistory of labour law concerns the development of labour law as a way of regulating and improving the life of people at work. In the great civilisations of antiquity there were great aggregations of labour which was not solely, though frequently it was predominantly, slave labour...
Late 19th century Acts of Parliament
- Hosiery Manufacture (Wages) Act 1874
- Public Health Act 1875Public Health Act 1875The Public Health Act 1875 was established in the United Kingdom to combat filthy urban living conditions, which caused various public health threats, including the spread of many diseases such as cholera and typhus. Reformers wanted to resolve sanitary problems, because sewage was flowing down the...
- Truck Act 1887
- Truck Act Amendment Act 1887
- Truck Act 1896
- Stratified Ironstone Mines (Gunpowder) Act 1881
- Coal Mines (Weighing of Minerals) Act 1905
- Notice of Accidents Act 1906
- Coal Mines Regulation Act 1908