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 procedure which relies little or no at the legislation, that's coated through only a few judgements of the judges, and that is managed by means of statute little or no, if in any respect. it's not till we succeed in the economic family members Act 1971 that we find the 1st try in peacetime to maneuver to a legally regulated process. notwithstanding, the accuracy of this non-interventionist depiction looks to greatly depend upon the interval that is tested, that is why an ancient standpoint is required to be able to comprehend the importance of the present form and scope of British hard work legislation. This paintings re-examines the bought interpretation through either the function given to legislation, 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 ebook additionally revisits the controversy 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 earlier and current.
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Additional resources for A History of British Labour Law, 1867-1945
18 Such an extension would, in any event, have been difficult to contemplate in a market economy society. It is undoubtedly the case that, if the decision in Allen had gone the other way, a defence of justification would have had to be developed; what allowance this would have made for the promotion of trade union interests will always remain a moot point. It is interesting to note that in Allen the trial judge found no evidence of conspiracy. It is not clear upon reading the judgments of the majority what difference such a finding would have made.
The Commission commended the work done by the Labour Department of the Board of Trade and wished to see its expansion. Their main recommendation was that legislation should endow the Board of Trade with discretionary powers with regard to conciliation and arbitration in trade disputes. This recommendation was implemented by the Conciliation Act, 1896. It is important to note that, under the Act, an arbitrator could only be appointed on the application of both parties. 67 Moreover, the Act contained no mechanism to require the parties to 65 66 67 See observations appended t o the report, p 117.
Two lines of thought can be found in the judgments in the House of Lords. The majority did little more than endorse the reasoning of Farwell J and treated a union as a quasi-corporation. The minority view, which is to be found in the judgments of Lords MacNaughten and Lindley, is that, while one can sue a union in its registered name, the action is a representative one. It must be said that discerning the ratio of the two minority judgments is somewhat problematic. In the main this is because no explanation is given of how, if by suing a union in its registered name one is essentially bringing a representative action, the numerous and significant technical difficulties of bringing a representative action are overcome.