A History of British Labour Law: 1867-1945Bloomsbury Publishing, 17. sep. 2003 - 266 strani In the UK the received wisdom has tended to be that,historically, British labour law was abstentionist or non-interventionist, best epitomised by the words of Lord Wedderburn who has written that '...collective bargaining has developed in a system which depends very little on the law, which is covered by very few decisions of the judges, and which is controlled by statute very little, if at all.'. It is not until we reach the Industrial Relations Act 1971 that we discover the first attempt in peacetime to move to a legally regulated system. However, the accuracy of this non-interventionist depiction appears to very much depend on the period which is examined, which is why an historical perspective is needed in order to understand the significance of the current shape and scope of British labour law. The aim of this work is to re-examine the received interpretation by looking at both the role given to law, and that anticipated and argued for it, during the most formative period of its development, the period between 1867 and 1945. The book also revisits the debate about war-time legislation which has tended to be viewed as standing apart from mainstream labour law but which the author demonstrates to have important linkages to the past and present. |
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Zadetki 1–5 od 65
Stran 1
... court in Hornby to deny trade unions the protection of the Friendly Society's legislation . Second , the existence of the Master and Servant legislation hindered the capacity of employees to take industrial action . The legislation had ...
... court in Hornby to deny trade unions the protection of the Friendly Society's legislation . Second , the existence of the Master and Servant legislation hindered the capacity of employees to take industrial action . The legislation had ...
Stran 2
... court ; whereas by the 11th section it is specially provided that no such imprisonment should be with hard labour . Adjudications have been double , that is to say , requiring the defendant to do two or more things legally inconsistent ...
... court ; whereas by the 11th section it is specially provided that no such imprisonment should be with hard labour . Adjudications have been double , that is to say , requiring the defendant to do two or more things legally inconsistent ...
Stran 4
... courts of law should neither enforce , nor modify nor annul . They should rest entirely on consent . 12 One suspects that a further reason concerned the right to strike . If a trade union became an incorporated body then actions in tort ...
... courts of law should neither enforce , nor modify nor annul . They should rest entirely on consent . 12 One suspects that a further reason concerned the right to strike . If a trade union became an incorporated body then actions in tort ...
Stran 5
... Court of Appeal had recognised the existence of the tort of inducing breach of contract.13 The majority and minority differed not only over the wisdom of incorporation but also over the appropriate stance to take over the right to ...
... Court of Appeal had recognised the existence of the tort of inducing breach of contract.13 The majority and minority differed not only over the wisdom of incorporation but also over the appropriate stance to take over the right to ...
Stran 8
... courts of concili- ation or arbitration ; . . . it is expedient to give increased facilities in cases where regulations exist under mutual agreement for the enforcement of the contract against their party who had bona fide accepted it ...
... courts of concili- ation or arbitration ; . . . it is expedient to give increased facilities in cases where regulations exist under mutual agreement for the enforcement of the contract against their party who had bona fide accepted it ...
Vsebina
1 | |
27 | |
3 19001914 | 63 |
4 Responding to Taff Vale | 87 |
5 The Impact of War 191418 | 119 |
6 The Aftermath of War 191821 | 149 |
7 Labour Law Between the Wars | 183 |
8 The Impact of the Second World War | 223 |
9 Concluding Remarks | 249 |
Index | 257 |
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Amendment appears award Bevin Bill Board of Trade clause collective agreements collective bargaining collectively agreed Committee common law common rule compulsory arbitration concerned conciliation conditions of employment conspiracy contract Court criminal decision dilution employed employers enactment establishment existed extent Fair Wages Resolution favour Government House of Lords Ibid immunity industrial action Industrial Councils industrial relations intervention involved issue JICs joint regulation labour law labour movement laissez-faire leaving certificates legal regulation legally enforceable legislation liability London Lord machinery matters ment Minister Ministry of Labour Ministry of Munitions Minority Report Moreover Munitions nationalisation OHMM organisation Parl Parliament parties period person picketing proposals question railway rate of wages recommendation restrict role Royal Commission scheme settlement sides of industry sought statutory Taff Vale terms and conditions tion trade boards trade dispute trade union trade unionists wartime Whilst Whitley workers workmen