The Trade Union Act 1871 (34 & 35 Vic
c 31
was an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...

which legalised

trade unions A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...

for the first time in the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...

. This was one of the founding pieces of legislation in

UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...

, though it has today been superseded by the

Trade Union and Labour Relations (Consolidation) Act 1992 The Trade Union and Labour Relations (Consolidation) Act 1992c 52 is a UK Act of Parliament which regulates United Kingdom labour law. The Act applies in full in England and Wales and in Scotland, and partially in Northern Ireland. The law cont ...

Background

The Conservative Prime Minister, the

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, set up a Royal Commission on Trade Unions in 1867. One worker representative was on the commission,

Frederic Harrison Frederic Harrison (18 October 1831 – 14 January 1923) was a British jurist and historian. Biography Born at 17 Euston Square, London, he was the son of Frederick Harrison (1799–1881), a stockbroker and his wife Jane, daughter of Alexa ...

, who prepared union witnesses.

Robert Applegarth Robert Applegarth (26 January 1834 – 13 July 1924) was a prominent British trade unionist and proponent of working class causes. Biography Robert Applegarth was born in Hull in England. His father was the captain of a whaling brig. He spent a b ...

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.

Thomas Hughes Thomas Hughes (20 October 182222 March 1896) was an English lawyer, judge, politician and author. He is most famous for his novel ''Tom Brown's School Days'' (1857), a semi-autobiographical work set at Rugby School, which Hughes had attended. ...

and the

Earl of Lichfield Earl of Lichfield is a title that has been created three times, twice in the Peerage of England (1645 and 1674) and once in the Peerage of the United Kingdom (1831). The third creation is extant and is held by a member of the Anson family. Hi ...

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 In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

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 William Ewart Gladstone ( ; 29 December 1809 – 19 May 1898) was a British statesman and Liberal politician. In a career lasting over 60 years, he served for 12 years as Prime Minister of the United Kingdom, spread over four non-conse ...

's new government came to power, the

Trade Union Congress The Trades Union Congress (TUC) is a national trade union centre, a federation of trade unions in England and Wales, representing the majority of trade unions. There are 48 affiliated unions, with a total of about 5.5 million members. Frances ...

campaigned for the minority report, made under the leadership of Sir

William Erle William is a male given name of Germanic origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of Eng ...

, to be adopted. It was successful. In its passage through Parliament, Mr Bruce introduced the First Reading of the Bill, quoting the Minority Report.

Provisions of the Act

*Section 2 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 said the restraint of trade doctrine should not make any trade union agreements or trusts void or voidable. *Section 4 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 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,

It was temporarily repealed in the 1970s.)

Amendments and repeal

However the Criminal Law Amendment Act 1871 was passed at the same time, which made picketing illegal. This was not repealed until the Conspiracy and Protection of Property Act 1875. The Act was fully repealed by the

Trade Union and Labour Relations Act 1974 The Trade Union and Labour Relations Act 1974 ("TULRA") was a UK Act of Parliament (now repealed) on industrial relations. The Act contains rules on the functioning and legal status of trades union, the presumption that a collective agreement ...

Notes

External links

Full text of Trade Union Act 1871 on worldlii.orgSecond Reading of the Trade Union Bill in the Commons
{{UK labour statutes United Kingdom labour law United Kingdom Acts of Parliament 1871 Trade union legislation History of labour law British trade unions history 1871 in labor relations

Background

Provisions of the Act

Amendments and repeal

See also

Notes

External links