Employment Legislation Publications

The Trade Disputes Act 1906

By Jim Mortimer

Published in April 2005

The 1906 Trade Disputes Act was a watershed in trade union history. It came at a time when trade unions were under attack from employers and the courts and when previously gained rights were being lost.

The Act provided a statutory right to peaceful picketing and repealed the precedent set by the Taff Vale railwaymen case, (1900) which made trade unions liable for damages caused during a strike. It also restored the principle of immunity against ‘civil conspiracy’ – a legal concept used to prevent workers taking collective action.

In short the 1906 Act put the sting back in the tail of the labour movement. As Jim Mortimer says the Act was both a landmark and an achievement in the history of British trade unionism and compares very favourably with what exists today.

The Future of Company Law: Fat Cats, Corporate Governance and Workers

By Bill Wedderburn

Published in October 2004

All too often we hear news stories about “fat cat” employers paying themselves huge pay increases along with massive bonus packages. The CBI claim that the problem is “confined to a few instances”. The TUC on the other hand call this a “crisis in the legitimacy of capitalism”. However described, what is certain is the discrepancy in pay is fuelling the general inequality apparent in our society.

Labour Law Review 2004

by Jennifer Eady and Rebecca Tuck

Published in September 2004

As we head towards the possibility of an historic third term Labour Government, this year’s Labour Law Review provides a timely reminder of the strengths and weaknesses of the UK’s framework of employment law.

Unfair Labour Practices: Trade Union Recognition and Employer Resistance

By Keith Ewing, Sian Moore and Stephen Wood

Published in October 2003

On 6th June 2000 a new statutory recognition procedure came into force. The stated aim of the legislation was to ensure that where a trade union has the support of more than 50 per cent of the workforce, it should be recognised by the employer. Three years on, the Institute of Employment Rights has analysed the case-work of the Central Arbitration Committee – the body overseeing the procedure – and examined the extent to which the procedure has delivered on the recognition promise.

Labour Law Review 2003

By Jennifer Eady and Rebecca Tuck

Published in September 2003

As the Government undertakes its review of the Employment Relations Act, this year’s edition of Labour Law Review provides its usual authoritative insight into the main statutory and legislative developments in labour law.

Who is the employer?

By Fang Lee Cooke, Jill Earnshaw and Jill Rubery

Published in October 2002

This new report looks at the growing complexity of the employment relationship, the shift towards individual statutory employment protection and the need for trade unions to organise and bargain beyond the enterprise level if terms and conidtions of employment are to be defended and extended. Based on original research, the authors outline the nature of the new forms of employment including agency workers, self-employed, outsourced work, PPP and PFI arrangements and use a call centre as a case study to highlight the multi-agency nature of the modern employment relationship. The paper concludes by suggesting six areas of policy and employment law changes aimed at identifying where the real power lies in the employment relationship, thereby providing better protection for those working in multi-employer situations.

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