By Douglas Brodie
Within the united kingdom the acquired knowledge has tended to be that, traditionally, British hard work legislation was once abstentionist or non-interventionist, most sensible epitomized by way of the phrases of Lord Wedderburn who has written that ...collective bargaining has built in a process which relies little or no at the legislations, that is lined by way of only a few judgements of the judges, and that's managed by way of statute little or no, if in any respect. it's not till 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 looks to a great deal depend upon the interval that is tested, that is 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 got interpretation by way of taking a look at either the function given to legislations, and that expected and argued for it, in the course of the so much formative interval of its improvement, the interval among 1867 and 1945. The e-book additionally revisits the talk approximately war-time laws which has tended to be seen as status except mainstream hard work legislations, yet which the writer demonstrates to have vital linkages to the earlier and current.
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Extra info for A History of British Labour Law, 1867-1945
The merits of collective bargaining were already being appreciated. It was hoped that conflict might be reduced through the voluntary use of joint regulation. In a society where freedom of contract was promoted the desire, of the signatories of the Minority Report, for the facilitation of legal enforceability of collective bargains was understandable. With respect to the legal status of trade unions there was to be no incorporation; to lay down positively the terms upon which incorporation would be granted would be too tendentious.
Second, assuming that the basis of liability in Quinn was simple conspiracy, the issue arises as to the circumstances in which the aims of a combination of trade unionists would be viewed as legitimate. After all, the desire to replace nonunion labour with trade unionists would seem to be a standard trade union aim. Moreover, it was undoubtedly the case that the law of conspiracy allowed that the aims of a combination might serve to prevent liability arising. To quote from the judgment of Lord Shand: while combination of different persons in pursuit of a trade object was lawful, although resulting in such injury to others as may be caused by legitimate competition in labour, yet that combination for no such object, but in pursuit merely of a malicious purpose to injure another, would be clearly unlawful .
A person would be guilty of a criminal offence if he, with a view to compelling any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, wrongfully and without legal authority, committed one of a number of specified acts. It is not clear why the phrase 'wrongfully and without legal authority' was used given that the section provided that the acts specified were to be statutory offences. It may be that the intention was to attach penal consequences to certain civil wrongs.
A History of British Labour Law, 1867-1945 by Douglas Brodie