The Employers and Workmen Act 1875 (38 & 39 Vict c 90)Irish Statute Book
Employers and Workmen Act, 1875
accessed 16 January 2018 was an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom is the Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of We ...

, enacted during Benjamin Disraeli's second administration. The Act extended to

Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...

, which at that time was part of 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 This Act was repealed for Great Britain by the Statute Law (Repeals) Act 1973.

Background

The Act purported to place both sides of industry in equal footing allowing all breaches of contract to be covered by

civil law Civil law may refer to: * Civil law (common law), the part of law that concerns private citizens and legal persons * Civil law (legal system), or continental law, a legal system originating in continental Europe and based on Roman law ** Private la ...

. Prior to the Act, employers were subjected to civil law which could result in a

fine Fine may refer to: Characters * Sylvia Fine (''The Nanny''), Fran's mother on ''The Nanny'' * Officer Fine, a character in ''Tales from the Crypt'', played by Vincent Spano Legal terms * Fine (penalty), money to be paid as punishment for an offe ...

while employees could be subjected to criminal law which may have led to a fine and

imprisonment Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessari ...

. Disraeli proudly commented, "We have settled the long and vexatious contest between capital and labour" and hoped this would "gain and retain for the

Conservatives Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization i ...

the lasting affection of the

working class The working class (or labouring class) comprises those engaged in manual-labour occupations or industrial work, who are remunerated via waged or salaried contracts. Working-class occupations (see also " Designation of workers by collar colo ...

es".

Content

Section 3(3) was interpreted by the Courts to allow an award of

specific performance Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. It is typically available in the sale of land law, ...

for completion of work. Section 4 was interpreted to mean that a worker who was absent from work could be prosecuted and pay

damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised a ...

to his employer (even if the employer could not show a monetary loss on ordinary principles). Section 15 noted that in Ireland, the senior judicial officer was the Lord Chancellor of Ireland and the county courts in Ireland were known as the Civil Bill Courts.

References

*Thomas James Arnold. The Conspiracy and Protection of Property Act, 1875 (38 & 39 Vict. c. 86), and the Employers and Workmen Act, 1875 (38 & 39 Vict. c. 90). Shaw & Sons. Fetter Lane and Crane Court, London. 1876
Google Books
*George Howell. A Handy-Book of the Labour Laws. Third Edition, Revised. Macmillan & Co. London (and New York). 1895. Chapters 1 to 3. Page
1
to 36. {{reflist

External links

Hansard, Second Reading
United Kingdom Acts of Parliament 1875 United Kingdom labour law 1875 in labor relations Employers

Background

Content

See also

References

External links