Download A History of British Labour Law, 1867-1945 by Douglas Brodie PDF
By Douglas Brodie
Within the united kingdom the bought knowledge has tended to be that, traditionally, British exertions legislation was once abstentionist or non-interventionist, most sensible epitomized through the phrases of Lord Wedderburn who has written that ...collective bargaining has constructed in a method which relies little or no at the legislations, that's coated through only a few judgements of the judges, and that is managed by way of statute little or no, if in any respect. it isn't until eventually we achieve the economic kinfolk Act 1971 that we find the 1st try in peacetime to maneuver to a legally regulated procedure. even though, the accuracy of this non-interventionist depiction looks to a great deal rely on the interval that is tested, that's why an ancient standpoint is required for you to comprehend the importance of the present form and scope of British exertions legislations. This paintings re-examines the acquired interpretation via taking a look at either the function given to legislation, and that expected and argued for it, throughout the so much formative interval of its improvement, the interval among 1867 and 1945. The booklet additionally revisits the talk approximately war-time laws which has tended to be seen as status except mainstream exertions legislation, yet which the writer demonstrates to have very important linkages to the previous and current.
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Extra info for A History of British Labour Law, 1867-1945
One dimension of trade union activity which one might have expected to provoke litigation is picketing—partly because of the importance of this weapon to 'new unionism'. 3 Given that the former was decided in 1891 it is remarkable for its restrained approach. The case arose out of the threat of strike action over a demarcation dispute and the employment of non-unionists. The decision in Connor centred around section 7 of the 1875 Act and the court started from the premise that the underlying policy of the Act was to relax the law in favour of trade unions.
In the words of Farwell J (whose judgment was adopted by the Lord Chancellor and Lord Brampton in the House of Lords): The proper rule of construction of statutes such as these is that in the absence of express contrary intention the Legislature intends that the creature of the statute shall have the same duties and that its funds shall be subject to the same liabilities as the general law would impose on a private individual doing the same thing. 35 Farwell J acknowledged that the registration of a trade union did not amount to incorporation.
This might be thought to be borne out by comparing Mogul Steamship and Jenkinson on the one hand and Quinn on the other. Indeed in Allen Lord Shand had noted that a Combination of different persons in pursuit of a legitimate trade object occurred in the case of the Mogul Steamship Co, and was there held to be lawful. Combination for no such object but in pursuit really of a malicious 24 Quinn, above n 21, at p 535, per Lord Lindley. Ibid at p 512. One may note that the feasibility of such a distinction must be doubted; what appears to be malicious from the point of view of the plaintiff may well be viewed as simple pursuit of self-interest by the defendant.