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 55
Stran 6
... extent permitted by the individualistic common law . On the one hand , legalisation of trade unions was to be contingent upon incorporation which involved significant restrictions on the legit- imate objects of a union . On the other ...
... extent permitted by the individualistic common law . On the one hand , legalisation of trade unions was to be contingent upon incorporation which involved significant restrictions on the legit- imate objects of a union . On the other ...
Stran 10
... extent this provision was by this stage merely declaratory of the com- mon law . Section 3 of the Act was similar in design and tackled the civil law aspects : the purposes of any trade union shall not , by reason merely that they are ...
... extent this provision was by this stage merely declaratory of the com- mon law . Section 3 of the Act was similar in design and tackled the civil law aspects : the purposes of any trade union shall not , by reason merely that they are ...
Stran 13
... extent to which Parliament intended that the external relations of unions were to be regularised is unclear . The remainder of the 1871 Act sought to allow unions , through registration , to attain the legal structure of a friendly ...
... extent to which Parliament intended that the external relations of unions were to be regularised is unclear . The remainder of the 1871 Act sought to allow unions , through registration , to attain the legal structure of a friendly ...
Stran 15
... a conspiracy by improper threats to induce the employer to reinstate the former 39 ( 1872 ) 12 Cox 316 . employee . The issue here is to what extent this Labour Law 1867-1880 15 The Settlement of 1871-The Aftermath Picketing.
... a conspiracy by improper threats to induce the employer to reinstate the former 39 ( 1872 ) 12 Cox 316 . employee . The issue here is to what extent this Labour Law 1867-1880 15 The Settlement of 1871-The Aftermath Picketing.
Stran 16
1867-1945 Douglas Brodie. employee . The issue here is to what extent this charge involved the doctrine of restraint of trade . In assessing count one it is necessary , pre- sumably , to disregard the fact that a penal statute had been ...
1867-1945 Douglas Brodie. employee . The issue here is to what extent this charge involved the doctrine of restraint of trade . In assessing count one it is necessary , pre- sumably , to disregard the fact that a penal statute had been ...
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