Trade Union Act 1871
Encyclopedia
Trade 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
.
set up a Royal Commission on Trade Unions in 1867. One worker representatives was on the commission, a Mr Frederic Harrison
, who prepared union witnesses. Robert Applegarth
from the Amalgamated Society of Carpenters and Joiners
who was a union observer of the proceedings.
The majority report of the Commission was hostile to the idea of decriminalising trade unions. Frederic Harrison, Thomas Hughes
and the Earl of Lichfield
produced their own minority report, recommending the following changes in the law.
When William Ewart Gladstone
's new government came to power, the Trade Union Congress campaigned for the minority report
, made under the leadership of Sir William Erle
, to be adopted. It was successful.
was passed at the same time, which made picketing illegal. This was not repealed until the Conspiracy and Protection of Property Act 1875
.
The Act was fully repealed by the Trade Union and Labour Relations Act 1974
.
Acts of Parliament in the United Kingdom
An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....
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...
which legalised trade unions for the first time in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
Background
The Conservative Prime Minister, the Earl of DerbyEarl of Derby
Earl of Derby is a title in the Peerage of England. The title was first adopted by Robert de Ferrers, 1st Earl of Derby under a creation of 1139. It continued with the Ferrers family until the 6th Earl forfeited his property toward the end of the reign of Henry III and died in 1279...
set up a Royal Commission on Trade Unions in 1867. One worker representatives was on the commission, a Mr Frederic Harrison
Frederic Harrison
Frederic Harrison was a British jurist and historian.Born at 17 Euston Square, London, he was the son of Frederick Harrison, a stockbroker and his wife Jane, daughter of Alexander Brice, a Belfast granite merchant. He was baptised at St...
, who prepared union witnesses. Robert Applegarth
Robert Applegarth
Robert Applegarth was a prominent British trade unionist and proponent of working class causes.-Biography:Robert Applegarth was born in Hull in the United Kingdom. His father was the captain of a whaling brig. He spent a brief period in a dame school but had no other formal education and began...
from the Amalgamated Society of Carpenters and Joiners
Amalgamated Society of Carpenters and Joiners
The Amalgamated Society of Carpenters and Joiners was a New Model Trade Union in the 1860s in the United Kingdom, representing carpenters and joiners....
who was a union observer of the proceedings.
The majority report of the Commission was hostile to the idea of decriminalising trade unions. Frederic Harrison, Thomas Hughes
Thomas Hughes
Thomas Hughes was an English lawyer and author. He is most famous for his novel Tom Brown's Schooldays , a semi-autobiographical work set at Rugby School, which Hughes had attended. It had a lesser-known sequel, Tom Brown at Oxford .- Biography :Hughes was the second son of John Hughes, editor of...
and the Earl of Lichfield
Earl of Lichfield
Earl of Lichfield is a title that has been created three times in British history. Lord Bernard Stewart, youngest son of Esmé Stewart, 1st Duke of Lennox, was to be created Earl of Lichfield by Charles I for his actions at the battles of Newbury and Naseby but died before the creation could...
produced their own minority report, recommending the following changes in the law.
- combinations of workers should not be liable for conspiracy unless it would be criminal if committed by a single person
- the restraint of tradeRestraint of tradeRestraint of trade is a common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business. In an old leading case of Mitchell v Reynolds Lord Smith LC said,...
doctrine in common lawCommon lawCommon law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
should not apply to trade associations - all existing legislation applying to unions specifically should be repealed
- all unions should receive full legal protection of their funds
When William Ewart Gladstone
William Ewart Gladstone
William Ewart Gladstone FRS FSS was a British Liberal statesman. In a career lasting over sixty years, he served as Prime Minister four separate times , more than any other person. Gladstone was also Britain's oldest Prime Minister, 84 years old when he resigned for the last time...
's new government came to power, the Trade Union Congress campaigned for the minority report
Minority Report
"The Minority Report" is a 1956 science fiction short story by Philip K. Dick, first published in Fantastic Universe. The story is about a future society where murders are prevented through the efforts of three mutants who can see the future...
, made under the leadership of Sir William Erle
William Erle
Sir William Erle PC QC FRS was an English lawyer, judge and Whig politician.-Early career:Born at Fifehead Magdalen, Dorset, William was the son of the Rev. Christopher Erle of Gillingham, Dorset and Margaret née Bowles, a relative of the poet William Lisle Bowles. His younger brother Peter Erle...
, to be adopted. It was successful.
Provisions of the Act
- Section 2 provided that the purposes of trade unions should not, although possibly deemed to be in restraint of tradeRestraint of tradeRestraint of trade is a common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business. In an old leading case of Mitchell v Reynolds Lord Smith LC said,...
, be deemed unlawful to make any member liable for criminal prosecution. - Section 3 said the restraint of trade doctrine should not make any trade union agreements or trusts void or voidable.
- Section 4 stated that any trade union agreements were not directly enforceable or subject to claims for damages for breach. This was designed to ensure that courts did not interfere in union affairs.
- Section 6 provided a system of voluntary registration, which carried some small advantages.
- It also allowed union members to access the financial records of the union (now ss 28-30, Trade Union and Labour Relations (Consolidation) Act 1992Trade Union and Labour Relations (Consolidation) Act 1992The Trade Union and Labour Relations Act 1992 is a UK Act of Parliament which regulates British labour law. The Act applies in full in England and Wales and in Scotland, and partially in Northern Ireland....
)
Amendments and repeal
However the Criminal Law Amendment Act 1871Criminal Law Amendment Act 1871
The Criminal Law Amendment Act 1871 is an Act of the Parliament of the United Kingdom passed by W. E. Gladstone's Liberal Government...
was passed at the same time, which made picketing illegal. This was not repealed until the Conspiracy and Protection of Property Act 1875
Conspiracy and Protection of Property Act 1875
The Conspiracy and Protection of Property Act 1875 is an Act of the Parliament of the United Kingdom relating to labour relations, which together with the Employers and Workmen Act 1875, fully decriminalised the work of trade unions...
.
The Act was fully repealed by 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...
.