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 46
Stran 8
... respects be just and equal ; by promoting in every possible man- ner a good understanding between them ; and by leaving them to arrange so far as that could be done , their disputes among one another rather by force of reason than by ...
... respects be just and equal ; by promoting in every possible man- ner a good understanding between them ; and by leaving them to arrange so far as that could be done , their disputes among one another rather by force of reason than by ...
Stran 19
... respect of the scope of the right to picket were brushed aside on the basis that picketing which involved no more than peaceful persuasion was lawful , the judgment of Lush J in R v Shepherd on the pre - 1871 law being cited.52 However ...
... respect of the scope of the right to picket were brushed aside on the basis that picketing which involved no more than peaceful persuasion was lawful , the judgment of Lush J in R v Shepherd on the pre - 1871 law being cited.52 However ...
Stran 22
... respect of a conspiracy to induce a breach of contract . By way of contrast Parliament was determined to ameliorate the impact of the law of criminal conspiracy on trade disputes . In future , the mere fact of combination would not ...
... respect of a conspiracy to induce a breach of contract . By way of contrast Parliament was determined to ameliorate the impact of the law of criminal conspiracy on trade disputes . In future , the mere fact of combination would not ...
Stran 25
... 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 . Moreover , in a laissez - faire world , to disallow ...
... 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 . Moreover , in a laissez - faire world , to disallow ...
Stran 34
... respect of the eco- nomic torts would affect trade unions would , in turn , depend upon the remedies available . Prior to Taff Vale a union could not be sued in its own name . However , the 1890s were noteworthy for considerable use of ...
... respect of the eco- nomic torts would affect trade unions would , in turn , depend upon the remedies available . Prior to Taff Vale a union could not be sued in its own name . However , the 1890s were noteworthy for considerable use of ...
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