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Trade Disputes Act 1965
The Trade Disputes Act 1965 is an Act of Parliament of the United Kingdom, which supported closed shop practices in industrial relations. The principal effect was to reverse the legal position established by ''Rookes v Barnard'' in 1964, in which the threat of strike action from a union resulted in the sacking of a worker who had recently left that union. The House of Lords, acting as the highest court of appeal, held that the threat of strike action was unlawful intimidation. The Trades Union Congress was concerned that the case would set a precedent for lawsuits against trade unions in a wide range of circumstances. Civil law had been one of the main tools employers used against unions in their early days until the Trade Disputes Act 1906 gave unions immunity from certain torts (including conspiracy) when taken in pursuit of an industrial dispute. However, intimidation was not covered under the Trades Disputes Act, and it seemed possible that the ''Rookes vs Barnard'' judgment w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Act Of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a Bill (law), bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the Executive (government), executive branch. Bills A draft act of parliament is known as a Bill (proposed law), bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Closed Shop
A pre-entry closed shop (or simply closed shop) is a form of union security agreement under which the employer agrees to hire union members only, and employees must remain members of the union at all times to remain employed. This is different from a post-entry closed shop (US: union shop), which is an agreement requiring all employees to join the union if they are not already members. In a union shop, the union must accept as a member any person hired by the employer.Pynes, Joan. ''Human Resources Management for Public and Nonprofit Organizations.'' 2d ed. Hoboken, N.J.: John Wiley and Sons, 2004. By comparison, an open shop does not require union membership of potential and current employees. International Labour Organization covenants do not address the legality of closed shop provisions, leaving the question up to each individual nation. The legal status of closed shop agreements varies widely from country to country, ranging from bans on the agreement, to extensive regulation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Industrial Relations
Industrial relations or employment relations is the multidisciplinary academic field that studies the employment relationship; that is, the complex interrelations between employers and employees, labor/trade unions, employer organizations, and the state. The newer name, "Employment Relations" is increasingly taking precedence because "industrial relations" is often seen to have relatively narrow connotations. Nevertheless, industrial relations has frequently been concerned with employment relationships in the broadest sense, including "non-industrial" employment relationships. This is sometimes seen as paralleling a trend in the separate but related discipline of human resource management. While some scholars regard or treat industrial/employment relations as synonymous with employee relations and labour relations, this is controversial, because of the narrower focus of employee/labour relations, i.e. on employees or labour, from the perspective of employers, managers and/ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rookes V Barnard
''Rookes v Barnard'' 964 AC 1129 is a UK labour law and English tort law case and the leading case in English law on punitive damages and was a turning point in judicial activism against trade unions. The case was almost immediately reversed by the Trade Disputes Act 1965 insofar as it decided on economic torts, although the law on punitive damages remains authoritative. Facts Douglas Rookes was a draughtsman, employed by British Overseas Airways Corporation (BOAC). He resigned from his union, the Association of Engineering and Shipbuilding Draughtsman (AESD), after a disagreement. BOAC and AESD had a closed shop agreement, and AESD threatened a strike unless Rookes resigned also from his job or was fired. BOAC suspended Rookes and, after some months, dismissed him with one week's salary in lieu of proper notice. Rookes sued the union officials, including Mr Barnard, the branch chairman (also the divisional organiser Mr Silverthorne and the shop steward Mr Fistal). Rookes said t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trades Union Congress
The Trades Union Congress (TUC) is a national trade union centre A national trade union center (or national center or central) is a federation or confederation of trade unions in a country. Nearly every country in the world has a national trade union center, and many have more than one. In some regions, such a ..., 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 O'Grady, Baroness O'Grady of Upper Holloway, Frances O'Grady became General Secretary of the TUC, General Secretary in 2013 and presented her resignation in 2022, with Paul Nowak (trade unionist), Paul Nowak becoming the next General Secretary in 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 mont ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (common Law)
Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil procee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 have ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harold Wilson
James Harold Wilson, Baron Wilson of Rievaulx, (11 March 1916 – 24 May 1995) was a British politician who served as Prime Minister of the United Kingdom twice, from October 1964 to June 1970, and again from March 1974 to April 1976. He was the Leader of the Labour Party from 1963 to 1976, and was a Member of Parliament (MP) from 1945 to 1983. Wilson is the only Labour leader to have formed administrations following four general elections. Born in Huddersfield, Yorkshire, to a politically active middle-class family, Wilson won a scholarship to attend Royds Hall Grammar School and went on to study modern history at Jesus College, Oxford. He was later an economic history lecturer at New College, Oxford, and a research fellow at University College, Oxford. Elected to Parliament in 1945 for the seat of Ormskirk, Wilson was immediately appointed to the Attlee government as a Parliamentary Secretary; he became Secretary for Overseas Trade in 1947, and was elevated to the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Act 1990
The Employment Act 1990 is a piece of industrial relations legislation of the United Kingdom. The Act banned closed shops, which had already been restricted by the Employment Act 1982 by requiring 80-85% to support them (such an impractical requirement that they had been effectively almost banned). It also banned secondary action in industrial disputes, again building on restrictions on that form of picketing introduced by the Employment Act 1980 The Employment Act 1980 (c 42) is an Act of the Parliament of the United Kingdom, passed under the first term of Margaret Thatcher's premiership and mainly relating to trade unions. Overview It restricted the definition of lawful picketing 'str .... SourcesEmployment Act 1990, as enacted Legislation.gov.uk, retrieved 16 July 2017 {{UK-statute-stub United Kingdom Acts of Parliament 1990 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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