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The Future of UK Labour Law
The Future of UK Labour Law Report from History & Policy Trade Union Forum seminar 24 June 2017, Kings College, Lon- don. With the prospect of Britain’s departure from the EU looming, and its serious implications for the remaining protections of employment and union rights, the TUF arranged this seminar to provide a historical perspective on the issues which could arise. Speakers - Jim Moher, Adrian Williamson, Richard Whiting and Sarah Veale - were invited to provide a chronological account of the evolution of British labour law in four sessions. These covered, (i) ‘the Combination Laws to the Trade Disputes Act 1906’; (ii) ‘Trade Union law and practice 1914-1979’; (iii) ‘The Thatcher reforms of the 1980s’ and (iv) ‘Manifesto for a comprehensive revision of workers rights’ (recent Insttute of Employment Rights’ book) The seminar was chaired by John Edmonds, former General Secretary of the GMB union and member of the TUC General Council (including a term as President), during much of the later period. (i) The Combination Laws to the Trade Disputes Act 1906; Dr James Moher, a former national legal officer with the Transport & General Workers Union (1974-84) and Communication Workers Union (1984-2006), addressed the first topic. He was involved at a senior level during the critical period when the law governing trade unions underwent transformation - his later duties included responsibility for balloting arrangements and legal defence in a union regularly in- volved in disputes with Royal Mail and BT. This experience has been bolstered by a longstanding study of the history of unions and the law, as it has evolved from the time of the Combination laws. -
Harold Wilson Obituary
Make a contribution News Opinion Sport Culture Lifestyle UK World Business Football UK politics Environment Education Society Science Tech More Harold Wilson obituary Leading Labour beyond pipe dreams Geoffrey Goodman Thu 25 May 1995 09.59 EDT 18 Lord Wilson of Rievaulx, as he came improbably to be called - will not go down in the history books as one of Britain's greatest prime ministers. But, increasingly, he will be seen as a far bigger political figure than contemporary sceptics have allowed far more representative of that uniquely ambivalent mood of Britain in the 1960s and a far more rounded and caring, if unfulfilled, person. It is my view that he was a remarkable prime minister and, indeed, a quite remarkable man. Cynics had a field day ridiculing him at the time of his decline. Perhaps that was inevitable given his irresistible tendency to behave like the master of the Big Trick in the circus ring of politics - for whom there is nothing so humiliating as to have it demonstrated, often by fellow tricksters, that the Big Trick hasn't worked. James Harold Wilson happened to be prime minister leading a left wing party at a time when the mores of post-war political and economic change in Britain (and elsewhere) were just beginning to be perceived. Arguably it was the period of the greatest social and industrial change this century, even if the people - let alone the Wilson governments - were never fully aware of the nature of that change. Social relationships across the entire class spectrum were being transformed. -
Industrial Action Ballots: an Analysis of the Development of Law and Practice in Britain
INDUSTRIAL ACTION BALLOTS: AN ANALYSIS OF THE DEVELOPMENT OF LAW AND PRACTICE IN BRITAIN Submitted for the degree of PhD by Jane Rosemary Elgar London School of Economics January 1997 UMI Number: U109678 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI U109678 Published by ProQuest LLC 2014. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 F Table of Contents Page Abstract 5 Preface 6 Research topic Outline of chapters Methodology Chapter 1 The Industrial Relations Context 20 1.1 Industrial relations background 1.2 Changing patterns of industrial action 1.3 The ’strike problem’ and the role of industrial conflict legislation 1.4 An approach to understanding the impact of industrial action ballots Chapter 2 Historical Development of Law on Industrial Action Balloting 44 2.1 Introduction 2.2 The voluntarist tradition 2.3 Compulsory strike ballot policies and proposals 2.4 Enforcement mechanisms 2.5 Conclusions Chapter 3 The Law 65 3.1 Legislation 3.2 Enforcement provisions 3.3 Judicial interpretation of the balloting -
The Curious History of Trade Union Law Andrew Hodge*
The Curious History of Trade Union Law Andrew Hodge* Clarity of underlying principle Since 1970 the pace and scale of change in the field of collective labour law have been remarkable, and it seems likely that this process of reform will continue. 1 The 1980s have seen a number of important enactments which seem to reflect a radical view of collective labour relations.2 Sit John Wood has pointed out that, in this difficult and fast changing legal environment, it is important to achieve "clarity of underlying principle"3 both in our analysis of existing law and in our efforts to predict future developments. It may be that the search for underlying principle requires some examination of the lessons of history. Labour legislation and the arguments that have surrounded it have had an important influence on our social, economic and political history. Should the law be used to underline or to dilute managerial prerogative? Should it be used to encourage or restrain the organisation of workers into trade unions? Some of our most respected labour law commentators might argue that there is a sense in which both of the above questions are irrelevant, or even that it is inappropriate even to ask them. The traditional approach to the problems of industrial relations emphasises or even assumes that this specialised and vexed branch of human relations should not be interfered with by the law.4 In a democratic society where it is believed that state intervention should be avoided unless it is demonstrably necessary, this is clearly an important approach which recognises the limits of the law. -
Winter's Not Yet Gone
Winter’s not yet gone Construction and Memory of the Winter of Discontent in Popular and Scholarly Discourse Sam Henick Columbia University Undergraduate History Thesis — Spring 2018 Seminar Convener: Professor Blackmar Second Reader: Professor Pedersen Introduction Control over the historiography is as important as control over the history itself. 1 — Donald McCloskey, If You’re So Smart (1990) On 28 March 1979, Margaret Thatcher, the leader of the Opposition, posed a vote of no confidence, declaring that: “The people witnessed the spectacle of a Government abdicating their authority to strike committees. The Prime Minister’s objectives were not achieved, and his strategy failed.”2 The motion passed 311 to 310, leading to the fall of the Labour government, the first administration to leave office because of a Commons division since 1924.3 How did the Labour Government find itself in this position five years after it had been elected? More specifically, how did the Government conduct itself leading up to and during the “Winter of Discontent” and how did the Government’s actions fit into broader narratives of economic decline and ungovernability? The Winter of Discontent is the name the British press assigned to the wave of industrial unrest that gripped the UK beginning at the end of 1978 and continuing through February 1979. January 22, 1979 was the biggest individual day of strike action since the General Strike of 1926, with an estimated 1.5 million public sector workers walking off their jobs. The strikes themselves and their coverage in the press reveal an underlying narrative; Colin Hay’s seminal article “Narrating Crisis” (1996) analyzes the discursive construction of the moment of “crisis” and the Winter of Discontent as “a strategic moment in the transformation of the British state.”4 The “metanarrative” of the crisis of ungovernability was established through the implicit linking of primary narratives of 1 Donald McCloskey, If You’re So Smart (Chicago: University of Chicago Press, 1990), 50. -
Failure of Labour Politics in Britain, 1964-79
In Place of Liberation - Failure of Labour Politics in Britain, 1964-79 Shannon Ikebe 2011 Politics Honors Thesis Contents Introduction: Keynes’ Children in the 1970s - 3 Chapter 1: Post-Fordism That Never Was - 7 Chapter 2: Ideas and Political Economy - 25 Chapter 3: Welfare State and the Social Wage - 46 Chapter 4: Trade Unions and the Social Contract - 96 Conclusion: How Did the Lights Go Out? - 141 2 Introduction: Keynes’ Children in the 1970s “Objective conditions have never made socialism seem so necessary and so achievable. Capitalism’s self-justification as the natural means of meeting human needs and expanding human possibilities seems more obviously groundless than ever, with every structure of the economy out of joint with human needs… moreover, the means – or at least the groundwork – for achieving such a society, the organizations created by working people themselves, have grown… as the crisis has deepened.” – Hilary Wainwright, Beyond the Fragments (1979) In the midst of the Great Depression, John Maynard Keynes wrote a pithy tract envisioning an optimistic future in which the “economic problem” no longer exists.1 In Economic Possibilies for Our Grandchildren, he posited in 1930 that the generation of his grandchildren would be freed from the struggle for subsistence, because of the tremendous growth in productivity; the opportunity to transcend economic insecurity would be a world-historical moment, in which humanity overcomes what “always has been hitherto the primary, most pressing problem of the human race” and faces a delightful prospect of emancipation from economic imperatives.2 In the past centuries or even millenia, freedom from alienating labor was the privilege for the few, directly dependent upon exploitation of the mass of workers; because of technological transformations, Keynes posited, the realm of freedom could soon be universally accessible. -
'Governing in Hard Times': the Heath Government
‘Governing in Hard Times’: The Heath Government and Civil Emergencies – the 1972 and the 1974 Miners’ Strikes. Rosaleen Anne Hughes Ph. D thesis 2012 1 Abstract This thesis examines how the government of Edward Heath (Prime Minister 1970- 74) managed the two most significant domestic political and economic crises which determined both its fate and its long term reputation; first, the 1972 miners’ strike and secondly, the 1973-4 miners’ dispute and the three-day week. Its defeat by the miners in 1972 was an enormous humiliation from which the Heath government never fully recovered. The violent mass picketing which accompanied the strike shook both the government’s and the public’s confidence in the ability of the state to maintain law and order. Their victory boosted the miners’ confidence to take industrial action again in the autumn of 1973 when their position was strengthened by the oil price rise in the wake of the Yom Kippur war. This led to the imposition of a three-day week on industry which ended in the general election of February 1974 and the fall of the Heath Government. This thesis uses the new material in the National Archives to examine the interplay between these events and the government machinery for handling civil emergencies. It reveals the manner in which Heath’s first attempt to reform the system was defeated by Whitehall resistance. The incompetent handling of the 1972 miners strike then strengthened the case for reform and led to the thorough overhaul of contingency planning which laid the foundations for the system which exists to the present day. -
Strife, Beer and Sandwiches: British Trade Unions and Industrial Action During the Seventies Timothy Whitton
Strife, beer and sandwiches: British trade unions and industrial action during the seventies Timothy Whitton To cite this version: Timothy Whitton. Strife, beer and sandwiches: British trade unions and industrial action during the seventies. Gilles LEYDIER,. Le Royaume-Uni à l’épreuve de la crise 1970-1979, Paris : 2016, pp. 47-65., Ellipses, pp. 47-65., 2016. hal-01923840 HAL Id: hal-01923840 https://hal.archives-ouvertes.fr/hal-01923840 Submitted on 15 Nov 2018 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. Strife, beer and sandwiches: British trade unions and industrial action during the seventies On March 3rd 1969, the First Secretary of State and Secretary of State for Employment and Productivity, Mrs Barbara Castle, asked the House of Commons to approve the following resolution: “That this House approves the White Paper, ‘In Place of Strife’, Command Paper No. 3888, as a basis for legislation; and invites Her Majesty’s Government to continue consultation with a view to preparing legislation”. The motion received 224 “ayes” and 62 “noes”. The time had come for a Labour Government to come to terms with the fact that industrial relations could no longer be confined to the goodwill of the unions whose legal privileges needed to be balanced against their legal obligations. -
Fielding Prelims.P65
9 Conclusion. The 1970 general election Labour lost the 1970 general election, ending what was then only the second time the party had held office backed by a comfortable Commons majority. Unlike Clement Attlee’s 1945–51 administration, however, Wilson’s had few positive achievements to its name. The consensus among the government’s innumerable critics on the left was that this was a failure of will more than circumstance. As Ralph Miliband wrote, the government ‘could have had all the support it required from trade unionists, had it been seen to be genuinely engaged in the creation of a society marked by greater social justice’. The point was, however, that the likes of Wilson were uninterested in promoting equality because they were preoccupied with maintaining the status quo.1 Regarding the concerns highlighted in this work, the government’s detractors similarly claimed that, had they wanted to, ministers could have: promoted comprehensive education with greater enthusiasm; pursued a more radical version of industrial democracy; introduced equal pay for women far sooner; taken a firmer line against racism; been more accommodating to the concerns of youth; and promoted popular participation with less suspicion. While such matters did not all directly determine Labour’s electoral fate, the party’s failure to secure re-election suggests that it had not adequately come to terms with at least some of the cultural changes fostered by the ‘Golden Age’. The picture was, however, not universally bleak. With that proposition it mind, this final chapter reviews how the party approached the 1970 campaign, assesses the result and accounts for Labour’s response, one that set it down a path that led to the wilderness years of the 1980s. -
The Wilson Years, Labour Government 1964-70
The Wilson Years, Labour government 1964-70: A BIBLIOGRAPHICAL ESSAY BY CHRIS HEMMING There are many general studies of Labour’s term of office from 1964 to 1970, one of the earliest and most sympathetic is from Labour supporter Brian Lapping, The Labour Government, 1964-70, (Harmondsworth, 1970). Lapping lists the accomplishments of Labour, which were many, but overshadowed by the economy and industrial relations. Following on was a study from the former Conservative MP, Robert Rhodes James, Ambitions and Realities: British Politics 1964-70, (London, 1972), who describes the period as one of stagnation. Interestingly, he does raise the issue of race relations and the muddled response to racism egged on by Enoch Powell. In a series of essays from Labour supporters, criticism is mounted against policies pursued in the economic field in Wilfred Beckerman (ed.), The Labour government’s economic record 1964-70, (London, 1972). This was not the first series of essays to be edited by a Labour adviser, Tyrell Burgess et al, Matters of principle: Labour’s last chance, (Harmondsworth, 1968) particularly raises the disaffected supporters concern about education policy and Labour’s conservative approach to Commonwealth immigration. From the Labour left perspective David Howell, British Social Democracy, (London, 1976), Ch.9, argues that the surrender to economic orthodoxy, the confrontation with the trade unions and the lack of principle in international affairs caused the terminal sickness of the post war social democratic inspiration. This is a theme that Clive Ponting, Breach of Promise: Labour in Power 1964-1970, (London, 1989), expands upon in arguably the best study of Labour in office during the 1960s. -
University of Huddersfield Repository
University of Huddersfield Repository Lane, Jacqueline Ann A Watershed Decade in British Industrial Relations, 1965 to 1974? The Donovan Commission Report, In Place of Strife and the Industrial Relations Act of 1971 Original Citation Lane, Jacqueline Ann (2017) A Watershed Decade in British Industrial Relations, 1965 to 1974? The Donovan Commission Report, In Place of Strife and the Industrial Relations Act of 1971. Doctoral thesis, University of Huddersfield. This version is available at http://eprints.hud.ac.uk/id/eprint/34157/ The University Repository is a digital collection of the research output of the University, available on Open Access. Copyright and Moral Rights for the items on this site are retained by the individual author and/or other copyright owners. Users may access full items free of charge; copies of full text items generally can be reproduced, displayed or performed and given to third parties in any format or medium for personal research or study, educational or not-for-profit purposes without prior permission or charge, provided: • The authors, title and full bibliographic details is credited in any copy; • A hyperlink and/or URL is included for the original metadata page; and • The content is not changed in any way. For more information, including our policy and submission procedure, please contact the Repository Team at: [email protected]. http://eprints.hud.ac.uk/ A Watershed Decade in British Industrial Relations, 1965 to 1974? The Donovan Commission Report, In Place of Strife and the Industrial Relations Act of 1971. Jacqueline Ann Lane University of Huddersfield PhD Thesis Date: MAY 2017 1 Acknowledgements and Statement of Originality “I certify that this thesis, and the research to which it refers, are the product of my own work, and that any ideas or quotations from the work of other people, published or otherwise, are fully acknowledged in accordance with the standard referencing practices of the discipline. -
Britain Since 1945: a Political History, Fifth Edition
BRITAIN SINCE 1945 Britain since 1945 is the established standard textbook on contemporary British political history since the end of the Second World War. This authoritative chronological survey discusses domestic policy and politics in particular, but also covers external and international relations. The fifth edition of this important book brings the picture to the present by including the following additions: • a new chapter on Tony Blair’s administration including analysis of the London Mayoral elections • new material on John Major in the light of the memoirs of Major, Norman Lamont and new work on the Labour Party at this time • updated statistical data and tables • in-depth coverage of the 1990s and the start of the twenty-first century Britain since 1945 provides a concise and lucid history of Britain from post-war to the present day for all students of contemporary British history and politics. David Childs is Emeritus Professor in the Department of Politics at the University of Nottingham. BRITAIN SINCE 1945 A Political History Fifth edition David Childs London and New York First published 2001 by Routledge 11 New Fetter Lane, London EC4P 4EE Simultaneously published in the USA and Canada by Routledge 29 West 35th Street, New York, NY 10001 Routledge is an imprint of the Taylor & Francis Group This edition published in the Taylor & Francis e-Library, 2005. “To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.” © 2001 David Childs All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.