A History of British Labour Law, 1867-1945 by Douglas Brodie

By Douglas Brodie

Within the united kingdom the obtained knowledge has tended to be that, traditionally, British exertions legislations was once abstentionist or non-interventionist, most sensible epitomized via the phrases of Lord Wedderburn who has written that ...collective bargaining has constructed in a procedure which relies little or no at the legislation, that is lined via only a few judgements of the judges, and that is managed via statute little or no, if in any respect. it isn't until eventually we achieve the commercial family members Act 1971 that we find the 1st try out in peacetime to maneuver to a legally regulated method. notwithstanding, the accuracy of this non-interventionist depiction appears to be like to greatly rely on the interval that is tested, that is why an ancient viewpoint is required in an effort to comprehend the importance of the present form and scope of British hard work legislation. This paintings re-examines the obtained interpretation through either the function given to legislation, and that expected and argued for it, in the course of the such a lot 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 hard work legislation, yet which the writer demonstrates to have very important linkages to the prior and current.

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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. Royal Commission, above n 4 at p 22. (1869) 11 Cox 325. 20 A History of British Labour Law 1867-1945 combination being to force or control the action or will of any master or workman in any matter relating to the mode of carrying on his business or work, unless the means of coercion to be resorted to shall be one of these mentioned in the Criminal Law Amendment Act, or be the wilfully breaking or procuring others to break any contract of hiring or service, and unless the object of such coercion shall be one of the purposes set forth in that Act.

Collective agreements . 56 It was suggested that this would result in the better observance for definitive periods of agreements . . (and) . . ' 59 One could certainly have argued that to have moved towards treating such agreements in the same fashion as other contracts would have been a recognition of the value placed by society on conducting industrial relations by joint regulation. Wholly consistently, this section of the majority also believed that collective agreements 54 55 56 57 58 59 Royal Commission o n Labour, above n 38, at para 151.

Royal Commission, above n 4 at p 22. (1869) 11 Cox 325. 20 A History of British Labour Law 1867-1945 combination being to force or control the action or will of any master or workman in any matter relating to the mode of carrying on his business or work, unless the means of coercion to be resorted to shall be one of these mentioned in the Criminal Law Amendment Act, or be the wilfully breaking or procuring others to break any contract of hiring or service, and unless the object of such coercion shall be one of the purposes set forth in that Act.

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