Trade Union Act 1871

The Combinations of Workmen Act 1825(6 Geo. 4. c. 129) had limited worker collective bargaining to matters of working hours and wages, and suppressed the right to strike.

The Conservative Prime Minister, the Earl of Derby, set up a Royal Commission on Trade Unions in 1867. One worker representative was on the commission, Frederic Harrison, who prepared union witnesses. Robert Applegarth from the Amalgamated Society of Carpenters and Joiners was a union observer of the proceedings.

The majority report of the Commission was hostile to the idea of decriminalising trade unions. Frederic Harrison, Thomas Hughes and the Earl of Lichfield produced their own minority report, recommending the following changes in the law:

• Combinations of workers should not be liable for conspiracy unless it would be criminal if committed by a single person.
• The restraint of trade doctrine in common law should not apply to trade associations.
• All existing legislation applying to unions specifically should be repealed.
• All unions should receive full legal protection of their funds.

When William Ewart Gladstone's new government came to power, the Trade Union Congress campaigned for the minority report, made under the leadership of Sir William Erle, to be adopted. It was successful.

In its passage through Parliament, Mr Bruce introduced the first reading of the bill, quoting the Minority Report.HC Deb 14 (February 1871) vol 204 [https://api.parliament.uk/historic-hansard/commons/1871/feb/14/leave-first-reading-2 cols 257-73]

• Section 2 of the act provided that the purposes of trade unions should not, although possibly deemed to be in restraint of trade, be deemed unlawful to make any member liable for criminal prosecution.
• Section 3 of the act said the restraint of trade doctrine should not make any trade union agreements or trusts void or voidable.
• Section 4 of the act stated that any trade union agreements were not directly enforceable or subject to claims for damages for breach. This was designed to ensure that courts did not interfere in union affairs.
• Section 6 of the act provided a system of voluntary registration, which carried some small advantages.
• It also allowed union members to access the financial records of the union (now ss 28-30, Trade Union and Labour Relations (Consolidation) Act 1992It was temporarily repealed in the 1970s.)

At the same time, the Criminal Law Amendment Act 1871 (34 & 35 Vict. c. 32) made picketing illegal, but this was repealed with the Conspiracy and Protection of Property Act 1875 (38 & 39 Vict. c. 86).

The whole act was repealed by the Trade Union and Labour Relations Act 1974.

• Combinations of Workmen Act 1825
• Trade Disputes Act 1906

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• [http://www.worldlii.org/nie/legis/num_act/tua1871132.txt Full text of Trade Union Act 1871 on worldlii.org]
• [https://api.parliament.uk/historic-hansard/commons/1871/mar/14/second-reading#S3V0204P0_18710314_HOC_76 Second Reading of the Trade Union Bill in the Commons]

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Category:1871 in labor relations

Category:United Kingdom Acts of Parliament 1871

Category:Repealed United Kingdom Acts of Parliament

Category:June 1871

Category:United Kingdom labour law

Category:Trade union legislation

Category:History of labour law

Category:British trade unions history

Category:Edward Smith-Stanley, 14th Earl of Derby

Category:William Ewart Gladstone