By Douglas Brodie
Within the united kingdom the bought knowledge has tended to be that, traditionally, British hard work legislations was once abstentionist or non-interventionist, top epitomized via the phrases of Lord Wedderburn who has written that ...collective bargaining has built in a approach which relies little or no at the legislation, that's lined by way of only a few judgements of the judges, and that's managed by means of statute little or no, if in any respect. it isn't till we succeed in the commercial relatives Act 1971 that we find the 1st try in peacetime to maneuver to a legally regulated method. in spite of the fact that, the accuracy of this non-interventionist depiction seems to be to greatly depend upon the interval that is tested, that is why an historic viewpoint is required with the intention to comprehend the importance of the present form and scope of British hard work legislations. This paintings re-examines the acquired interpretation through taking a look at either the position given to legislation, and that expected and argued for it, through the so much formative interval of its improvement, the interval among 1867 and 1945. The ebook additionally revisits the controversy approximately war-time laws which has tended to be considered as status except mainstream hard work legislations, yet which the writer demonstrates to have very important linkages to the previous and current.
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Additional info for A History of British Labour Law, 1867-1945
Thus the tort of inducing breach of contract would not have been a crime when committed by an individual but combining for that purpose might well have been. Clearly, in the trade union context, the transposing of a civil wrong into a criminal action was potentially very important. Given that the Commission was firmly attached to common law doctrines a radical recommendation was not going to be forthcoming. However, it was recommended that provision should be made to the effect that no person shall be liable to be indicted for conspiracy, by reason only of the object of the 50 51 52 Harrison, above n 37 at p 303.
Industrial action would frequently involve the commission of the tort of inducing breach of contract but, after Quinn, even where it did not there would still be the possibility of liability for an unlawful conspiracy. In trade disputes a finding that a number of trade unionists had conspired together would generally be easy to arrive at. As I have indicated, it is puzzling that in Allen v Flood it was held, on the facts, that there was no element of conspiracy. Many points might be made about the decision in Quinn but it suffices for present purposes to mention but 20 21 22 23  AC 25 at p 37.
50 The Royal Commission of 1875 found little to fault in the existing trade union laws and, had reform been based on this report, it would have been very much in the realm of minor repeals and re-drafting of provisions to furnish greater clarification. The right of combination was re-affirmed but the right to strike was viewed with great suspicion. In outlook the report was heavily influenced by the doctrine of restraint of trade and great concern was shown lest the freedom not to combine be fettered.
A History of British Labour Law, 1867-1945 by Douglas Brodie