Industrial Relations Act 1971
Encyclopedia
The Industrial Relations Act 1971 (c.72) was an Act
of the Parliament of the United Kingdom
, since repealed. It was largely based on proposals outlined in the governing Conservative Party
's manifesto
for the 1970 general election
. The act was highly controversial and was repealed in 1974 when the Labour Party
returned to government.
1) workers were given the right to belong to a registered trade union or not to belong to a registered or unregistered trade union
2) collective agreements were to be legally enforceable unless a disclaimer clause was inserted
3) a greater likelihood that collective ‘no strike’ clauses could be implied into individual contracts of employment
4) providing for registration of trade unions and employers’ associations
5) only registered trade unions were to have legal rights and to enjoy legal immunities
6) continued registration was dependent on the organization having rules which specified how, when and by whom, authority was to be exercised, especially concerning the taking of industrial action
7) to encourage the reform and formalization of collective bargaining arrangements
8) a grievance procedure was required to be included in the written statement of particulars of the contract of employment
9) legal machinery was set up to deal with recognition, multi-union and procedural problems
10) enforceable courts were available as a last resort
11) a worker under a normal contract of employment could receive compensation for unfair dismissal [designed to encourage the development of dismissal procedures]
12) to give the government emergency powers to deal with industrial disputes which were considered damaging to the national economy [ss.138-45 of the Act were available to the government from December 1971, but were not used against the miners dispute in 1972, though ‘they were used against the railway unions’ Weekes 227].
13) the introduction of a code of ‘good’ industrial relations practice.
The law limited wildcat strikes and prohibited limitations on legitimate strikes
. It also established the National Industrial Relations Court
, which was empowered to grant injunctions as necessary to prevent injurious strikes and also to settle a variety of labour disputes.
under the leadership of General Secretary
Vic Feather
campaigned against the legislation with a nationwide "Kill the Bill" campaign. On 12 January 1971 the TUC held a 'day of action' in protest, with a march through London. In March, 1,500,000 members of the Amalgamated Engineering Union staged a one day strike. After the bill received royal assent
, in September 1971 the TUC voted to require its member unions not to comply with its provisions (including registering as a union under the Act). The Transport and General Workers Union was twice fined for contempt of court
over its refusal to comply. However, some smaller unions did comply and 32 were suspended from membership of the TUC at the 1972 congress.
were arrested for refusing to appear before the National Industrial Relations Court and imprisoned in the summer of 1972, their case received great publicity. Eventually, the Official Solicitor
intervened to order their release.
called a general election
over the issue of "Who Governs Britain?" in February 1974, during a lengthy dispute with the National Union of Mineworkers. Two days before polling day, the Director-General of the Confederation of British Industry
Campbell Adamson
made a speech in which he said "I should like to see the next government repeal the Act so that we can get proper agreement on what should replace it". Adamson's statement made headlines, and was thought to have damaged the Conservative Party's election prospects. Adamson's statement was repudiated by CBI President Sir Michael Clapham, and he offered to resign (the offer was refused).
The incoming Labour government repealed the Act through the Trade Union and Labour Relations Act 1974
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
, since repealed. It was largely based on proposals outlined in the governing Conservative Party
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
's manifesto
Manifesto
A manifesto is a public declaration of principles and intentions, often political in nature. Manifestos relating to religious belief are generally referred to as creeds. Manifestos may also be life stance-related.-Etymology:...
for the 1970 general election
United Kingdom general election, 1970
The United Kingdom general election of 1970 was held on 18 June 1970, and resulted in a surprise victory for the Conservative Party under leader Edward Heath, who defeated the Labour Party under Harold Wilson. The election also saw the Liberal Party and its new leader Jeremy Thorpe lose half their...
. The act was highly controversial and was repealed in 1974 when 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...
returned to government.
Effect of legislation
The major provisions of the Industrial Relations Act, 1971 were:1) workers were given the right to belong to a registered trade union or not to belong to a registered or unregistered trade union
2) collective agreements were to be legally enforceable unless a disclaimer clause was inserted
3) a greater likelihood that collective ‘no strike’ clauses could be implied into individual contracts of employment
4) providing for registration of trade unions and employers’ associations
5) only registered trade unions were to have legal rights and to enjoy legal immunities
6) continued registration was dependent on the organization having rules which specified how, when and by whom, authority was to be exercised, especially concerning the taking of industrial action
7) to encourage the reform and formalization of collective bargaining arrangements
8) a grievance procedure was required to be included in the written statement of particulars of the contract of employment
9) legal machinery was set up to deal with recognition, multi-union and procedural problems
10) enforceable courts were available as a last resort
11) a worker under a normal contract of employment could receive compensation for unfair dismissal [designed to encourage the development of dismissal procedures]
12) to give the government emergency powers to deal with industrial disputes which were considered damaging to the national economy [ss.138-45 of the Act were available to the government from December 1971, but were not used against the miners dispute in 1972, though ‘they were used against the railway unions’ Weekes 227].
13) the introduction of a code of ‘good’ industrial relations practice.
The law limited wildcat strikes and prohibited limitations on legitimate strikes
Strike action
Strike action, also called labour strike, on strike, greve , or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became...
. It also established the National Industrial Relations Court
National Industrial Relations Court
The National Industrial Relations Court was established on 1 December 1971 under Section 99 of the Industrial Relations Act 1971. The NIRC was created by the Conservative government of Ted Heath as a way to limit the power of trades union in the United Kingdom...
, which was empowered to grant injunctions as necessary to prevent injurious strikes and also to settle a variety of labour disputes.
Trade union reaction
The Trades Union CongressTrades Union Congress
The Trades Union Congress is a national trade union centre, a federation of trade unions in the United Kingdom, representing the majority of trade unions...
under the leadership of General Secretary
General Secretary of the TUC
The General Secretary of the TUC is the chief permanent officer of the Trades Union Congress, and a major figurehead in the trade union movement in the United Kingdom....
Vic Feather
Vic Feather
Victor Grayson Hardie Feather, Baron Feather was General Secretary of the Trade Union Congress in Great Britain from 1969 to 1973....
campaigned against the legislation with a nationwide "Kill the Bill" campaign. On 12 January 1971 the TUC held a 'day of action' in protest, with a march through London. In March, 1,500,000 members of the Amalgamated Engineering Union staged a one day strike. After the bill received royal assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
, in September 1971 the TUC voted to require its member unions not to comply with its provisions (including registering as a union under the Act). The Transport and General Workers Union was twice fined for contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
over its refusal to comply. However, some smaller unions did comply and 32 were suspended from membership of the TUC at the 1972 congress.
Protest
Campaigning against the Bill eventually coalesced around individual workers. When the Pentonville FivePentonville Five
The Pentonville Five were five shop stewards jailed in July 1972 by the National Industrial Relations Court for refusing to obey a court order to stop picketing of a container depot in East London....
were arrested for refusing to appear before the National Industrial Relations Court and imprisoned in the summer of 1972, their case received great publicity. Eventually, the Official Solicitor
Official Solicitor
The Office of the Official Solicitor is a part of the Ministry of Justice of the Government of the United Kingdom. The Official Solicitor acts for people who, because they lack mental capacity and cannot properly manage their own affairs, are unable to represent themselves and no other suitable...
intervened to order their release.
Repeal
Prime Minister Edward HeathEdward Heath
Sir Edward Richard George "Ted" Heath, KG, MBE, PC was a British Conservative politician who served as Prime Minister of the United Kingdom and as Leader of the Conservative Party ....
called a general election
United Kingdom general election, February 1974
The United Kingdom's general election of February 1974 was held on the 28th of that month. It was the first of two United Kingdom general elections held that year, and the first election since the Second World War not to produce an overall majority in the House of Commons for the winning party,...
over the issue of "Who Governs Britain?" in February 1974, during a lengthy dispute with the National Union of Mineworkers. Two days before polling day, the Director-General of the Confederation of British Industry
Confederation of British Industry
The Confederation of British Industry is a British not for profit organisation incorporated by Royal charter which promotes the interests of its members, some 200,000 British businesses, a figure which includes some 80% of FTSE 100 companies and around 50% of FTSE 350 companies.-Role:The CBI works...
Campbell Adamson
Campbell Adamson
Sir Campbell Adamson was a British industrialist who was best known for his work as Director-General of the Confederation of British Industry from 1969 to 1976...
made a speech in which he said "I should like to see the next government repeal the Act so that we can get proper agreement on what should replace it". Adamson's statement made headlines, and was thought to have damaged the Conservative Party's election prospects. Adamson's statement was repudiated by CBI President Sir Michael Clapham, and he offered to resign (the offer was refused).
The incoming Labour government repealed the Act through the Trade Union and Labour Relations Act 1974
Trade Union and Labour Relations Act 1974
The Trade Union and Labour Relations Act 1974 was a UK Act of Parliament, now replaced by the Trade Union and Labour Relations Act 1992. The 1974 Act was introduced by the Labour Government, and both repealed and replaced the Conservatives' Industrial Relations Act 1971...
.