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Trade Unions In The United Kingdom
Trade unions in the United Kingdom emerged in the early 19th century, but faced punitive laws that sharply limited their activities. They began political activity in the late 19th century and formed an alliance with the Liberal Party in the early 20th century. The grew rapidly 1900 to 1920, lost their legal disabilities, and were well established by the 1920s. Union members largely switched from Liberal to the new Labour Party. Its leader Ramsay MacDonald became prime minister in 1924 briefly, and then again in 1929. In the 1980s Margaret Thatcher's Conservative governments weakened the powers of the unions by making it more difficult to strike legally. Most British unions are members of the TUC, the Trades Union Congress (founded in 1867), or where appropriate, the Scottish Trades Union Congress or the Irish Congress of Trade Unions, which are the country's principal national trade union centres. History Trade unions in the United Kingdom were first decriminalised under ...
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Trades Union Congress
The Trades Union Congress (TUC) is a national trade union center, national trade union centre, a federation of trade unions that collectively represent most unionised workers in England and Wales. There are 48 affiliated unions with a total of about 5.5 million members. Paul Nowak (trade unionist), Paul Nowak is the TUC's current General Secretary, serving from January 2023. Organisation The TUC's decision-making body is the Annual Congress, which takes place in September. Between congresses decisions are made by the General Council of the Trades Union Congress, General Council, which meets every two months. An Executive Committee is elected by the Council from its members. Affiliated unions can send delegates to Congress with the number of delegates they can send proportionate to their size. Each year Congress elects a President of the Trades Union Congress, who carries out the office for the remainder of the year and then presides over the following year's conference. The ...
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UK Company Law
British company law regulates corporations formed under the Companies Act 2006. Also governed by the Insolvency Act 1986, the UK Corporate Governance Code, European Union Directive (European Union), Directives and court cases, the company is the primary legal vehicle to organise and run business. Tracing their modern history to the late Industrial Revolution, public companies now employ more people and generate more of wealth in the United Kingdom economy than any other form of organisation. The United Kingdom was the first country to draft modern corporation statutes, where through a simple registration procedure any investors could incorporate, limit liability to their commercial creditors in the event of business insolvency, and where management was delegated to a centralised board of directors. An influential model within Europe, the Commonwealth of Nations, Commonwealth and as an international standard setter, British law has always given people broad freedom to design the i ...
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Specifically Enforced
Specific performance is an equitable remedy in the law of contract, in which a court issues an order requiring a party to perform a specific act, such as to complete performance of a contract. It is typically available in the sale of land law, but otherwise is not generally available if damages are an appropriate alternative. Specific performance is almost never available for contracts of personal service, although performance may also be ensured through the threat of proceedings for contempt of court. An injunction, often concerning confidential information or real property, is a type or subset of specific performance and is one of the more commonly-used forms of specific performance. While specific performance can be in the form of any type of forced action, it is usually to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. It is usually the opposite of a prohibitory inju ...
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English Property Law
English property law is the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four main topics: * English land law, or the law of "real property" *English trusts law * English personal property law * United Kingdom intellectual property law Property in land is the domain of the law of real property. The law of personal property is particularly important for commercial law and insolvency. Trusts affect everything in English property law. Intellectual property is also an important branch of the law of property. For unregistered land see Unregistered land in English law. Real property Land law, or the law of "real" property, is the most significant area of property law that is typically compulsory on university courses. Although capital, often held in corporations and trusts, has displaced land as the dominant repository ...
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English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries across the Commonwealth of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and UK human rights law, human rights. Generally a contract forms w ...
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Postal Vote
Postal voting is voting in an election where ballot papers are distributed to electors (and typically returned) by post, in contrast to electors voting in person at a polling station or electronically via an electronic voting system. In an election, postal votes may be available on demand or limited to individuals meeting certain criteria, such as a proven inability to travel to a designated polling place. Most electors are required to apply for a postal vote, although some may receive one by default. In some elections postal voting is the only voting method allowed and is referred to as all-postal voting. With the exception of those elections, postal votes constitute a form of early voting and may be considered an absentee ballot. Typically, postal votes must be mailed back before the scheduled election day. However, in some jurisdictions return methods may allow for dropping off the ballot in person via secure drop boxes or at voting centers. Postal votes may be processed ...
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Necessary In A Democratic Society
"Necessary in a democratic society" is a test found in Articles 8–11 of the European Convention on Human Rights, which provides that the state may impose restrictions of these rights only if such restrictions are "necessary in a democratic society" and proportional to the legitimate aims enumerated in each article. According to the Council of Europe's handbook on the subject, the phrase is "arguably one of the most important clauses in the entire Convention". Indeed, the Court has itself written that "the concept of a democratic society... prevails throughout the Convention". The purpose of making such claims justiciable is to ensure that the restriction is actually necessary, rather than enacted for political expediency, which is not allowed. Articles 8–11 of the convention are those that protect right to family life, freedom of religion, freedom of speech, and freedom of association respectively. Along with the other tests which are applied to these articles, the restri ...
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Article 11 Of The European Convention On Human Rights
Article 11 of the European Convention on Human Rights protects the right to freedom of assembly and association, including the right to form trade unions, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". Case law *'' Communist Party of Germany v. the Federal Republic of Germany'' (1957) – proscription of the Communist Party upheld as Article 17 prohibits using Convention rights to seek the abolition or restriction of the rights of others *'' Plattform "Ärzte für das Leben" v. Austria'' (1988) – neither police failure to ensure counter-protesters did not infiltrate and disrupt a protest, nor dispersal of protesters in order to allow another group to exercise its religion, breached article 11 *'' Vogt v Germany'' (1995) – on grounds of membership in a lawful party, applied to someone who was not shown to be a threat to constitutional order, was found to be a breach of Articles 10 and 11 *'' Wilson and Palmer v Unite ...
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ILO Freedom Of Association Convention
The Freedom of Association and Protection of the Right to Organise Convention (1948No 87is an International Labour Organization Convention, and one of eight conventions that form the core of international labour law, as interpreted by the Declaration on Fundamental Principles and Rights at Work. Content The Freedom of Association and Protection of the Right to Organise Convention comprises the preamble followed by four parts with a total of 21 articles. The preamble consists of the formal introduction of the instrument, at the Thirty-first Session of the General Conference of the International Labour Organization, on 17 June 1948. A statement of the "considerations" leading to the establishment of the document. These considerations include the preamble to the Constitution of the International Labour Organization; the affirmation of the Declaration of Philadelphia in regard to the issue; and the request by the General Assembly of the United Nations, upon endorsing the previousl ...
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Trade Disputes Act 1906
The Trade Disputes Act 1906 (6 Edw. 7 c. 47) was an Act of the Parliament of the United Kingdom passed under the Liberal government of Sir Henry Campbell-Bannerman. The Act declared that unions could not be sued for damages incurred during a strike. Its key reform was to add the famous words, now found in the Trade Union and Labour Relations (Consolidation) Act 1992, section 219, to the Conspiracy and Protection of Property Act 1875 that, "An act done in pursuance of an agreement or combination by two or more persons shall, if done in contemplation or furtherance of a trade dispute, not be actionable unless the act, if done without any such agreement or combination, would be actionable." Law The immediate cause for the Act was a trio of cases in the House of Lords, which had for the first time imposed damages in tort on trade unions for going on strike. Previously, the legal status of trade unions as an "unincorporated association", was accepted to mean that they did not hav ...
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Trade Union Act 1871
The Trade Union Act 1871 ( 34 & 35 Vict. c. 31) was an act of the Parliament of the United Kingdom which greatly expanded the rights of trade unions in the United Kingdom, notably giving them the right to strike. This was one of the founding pieces of legislation in UK labour law, though it has today been superseded by the Trade Union and Labour Relations (Consolidation) Act 1992. Background 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. Frede ...
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Restraint Of Trade
Restraints of trade is a common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business. It is a precursor of modern competition law. In an old leading case of '' Mitchel v Reynolds'' (1711) Lord Smith LC said,'' Mitchel v Reynolds'' (1711) 1 P Wms 181 it is the privilege of a trader in a free country, in all matters not contrary to law, to regulate his own mode of carrying it on according to his own discretion and choice. If the law has regulated or restrained his mode of doing this, the law must be obeyed. But no power short of the general law ought to restrain his free discretion. A contractual undertaking not to trade is void and unenforceable against the promisor as contrary to the public policy of promoting trade, unless the restraint of trade is reasonable to protect the interest of the purchaser of a business.'' Nordenfelt v Maxim, Nordenfelt Guns and Ammunition Co'' 894AC 535 Restraints of trade can also appear in post ...
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