Industrial Relations Act 1971: Difference between revisions

Industrial Relations Act 1971
Act of Parliament
	Parliament of the United Kingdom
Long title	An Act to amend the law relating to employers and workers and to organisations of employers and organisations of workers; to provide for the establishment of a National Industrial Relations Court and for extending the jurisdiction of industrial tribunals; to provide for the appointment of a Chief Registrar of Trade Unions and Employers' Associations, and of assistant registrars, and for establishing a Commission on Industrial Relations as a statutory body; and for purposes connected with those matters.
Citation	1971 c. 72
Introduced by	Robert Carr (Commons)
Dates
Royal assent	5 August 1971

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The Industrial Relations Act 1971 (c. 72) was an act of the Parliament of the United Kingdom, since repealed. It was based on proposals outlined in the governing Conservative Party's manifesto for the 1970 general election. The goal was to stabilize industrial relations by forcing concentration of bargaining power and responsibility in the formal union leadership, using the courts. The act was intensely opposed by unions, and helped undermine the government of Edward Heath. It was repealed by the Trade Union and Labour Relations Act 1974 when the Labour Party returned to government.^[1]

Background

The act followed the Report of the Royal Commission on Trade Unions and Employers' Associations,^[2] led by Lord Donovan, which sought to reduce industrial conflict and introduce a claim for unfair dismissal. However, under a Conservative government, the protection for workers was reduced compared to the Donovan Report proposals, and coupled with suppression of the right to collective bargaining, compared to the previous position.

The Second Reading of the Industrial Relations Bill took place on 14 and 15 of December 1970, and the Third Reading on 24 March 1971.^[3]

Workers were given the right to belong to a registered trade union or not to belong to a registered or unregistered trade union. Collective agreements were to be legally enforceable unless a disclaimer clause was inserted. There was a greater chance that collective 'no strike' clauses could be implied into individual contracts of employment. Only registered trade unions had legal rights and to enjoy legal immunities. Continued registration was dependent on the organisation having rules which specified how, when and by whom, authority was to be exercised, especially concerning the taking of industrial action.

A grievance procedure was required to be included in the written statement of particulars of the contract of employment. A worker under a normal contract of employment could receive compensation for unfair dismissal to encourage the development of dismissal procedures.

The law limited wildcat strikes and prohibited limitations on legitimate strikes. It also established the National Industrial Relations Court, which was empowered to grant injunctions as necessary to prevent injurious strikes and settle a variety of labour disputes.

Trade union reaction

The Trades Union Congress (TUC) under the leadership of General Secretary Vic Feather campaigned against the legislation with a nationwide "Kill the Bill" campaign.^[4] On 12 January 1971 the TUC held a 'day of action' in protest, with a march through London. In March, 1,500,000 members of the Amalgamated Engineering Union staged a one-day strike. After the bill received royal assent, in September 1971 the TUC voted to require its member unions not to comply with its provisions (including registering as a union under the Act). The Transport and General Workers' Union was twice fined for contempt of court over its refusal to comply. However, some smaller unions did comply and 32 were suspended from membership of the TUC at the 1972 congress.

Protest

Campaigning against the bill eventually coalesced around individual workers. When the Pentonville Five were arrested for refusing to appear before the National Industrial Relations Court and imprisoned in the summer of 1972, their case received great publicity. Eventually, the Official Solicitor intervened to order their release.

Repeal

Prime Minister Edward Heath called a general election over the issue of "Who Governs Britain?" in February 1974, during a lengthy dispute with the National Union of Mineworkers. Two days before polling day, the Director-General of the Confederation of British Industry Campbell Adamson made a speech in which he said "I should like to see the next government repeal the Act so that we can get proper agreement on what should replace it". Adamson's statement made headlines, and was thought to have damaged the Conservative Party's election prospects. Adamson's statement was repudiated by CBI President Sir Michael Clapham, and he offered to resign (the offer was refused).

The incoming Labour government repealed the Act through the Trade Union and Labour Relations Act 1974.^[5]

Notes

^ Moore (2013) ch 10
^ (1968) Cmnd 3623
^ Hansard HC Deb (14 December 1970) vol 808 cols 961–1076 and Hansard HC Deb (15 December 1970) vol 808 cols 1126-247 and Third Reading, Hansard HC Deb 24 March 1971 vol 814 cols 547–706
^ "1971: Workers down tools over union rights". March 1971.
^ Simon Honeyball (2014). Honeyball and Bowers' Textbook on Employment Law. Oxford University Press. p. 7. ISBN 978-0-19-968562-2.

References

Moore, Charles. Margaret Thatcher: From Grantham to the Falklands (2013), ch. 10.
Moran, Michael. The Politics of Industrial Relations: The Origins, Life and Death of the 1971 Industrial Relations Act (London: Macmillan, 1977) .
Panitch, Leo. Social Democracy and Industrial Militancy: The Labour Party, the Trade Unions, and Incomes Policy, 1945–1974 (Cambridge U. Pr., 1976).
Rideout, R. W. 'The Industrial Relations Act 1971' (1971) 34(6) Modern Law Review 655.
Industrial Relations and the Limits of Law, Weekes, Mellish, Dickens, Loyd, 1975, p. 4, Basil Blackwell, Oxford.

[1] Moore (2013) ch 10

[2] (1968) Cmnd 3623

[3] Hansard HC Deb (14 December 1970) vol 808 cols 961–1076 and Hansard HC Deb (15 December 1970) vol 808 cols 1126-247 and Third Reading, Hansard HC Deb 24 March 1971 vol 814 cols 547–706

[4] "1971: Workers down tools over union rights". March 1971.

[Honeyball2014-5] Simon Honeyball (2014). Honeyball and Bowers' Textbook on Employment Law. Oxford University Press. p. 7. ISBN 978-0-19-968562-2.

[1]

[2]

[3]

[4]

[5]

@@ Line 1: / Line 1: @@
-{{refimprove|date=January 2011}}
+{{Use dmy dates|date=April 2022}}
+{{Infobox UK legislation
-'''The Industrial Relations Act 1971''' (c.72) was an [[Act of Parliament|Act]] of the [[Parliament of the United Kingdom]], since repealed. It was largely based on proposals outlined in the governing [[Conservative Party (UK)|Conservative Party]]'s [[manifesto]] for the [[United Kingdom general election, 1970|1970 general election]]. The act was highly controversial and was repealed in 1974 when the [[Labour Party (UK)|Labour Party]] returned to government.
+| short_title           = Industrial Relations Act 1971
+| type                  = Act
+| parliament            = Parliament of the United Kingdom
+| long_title            = An Act to amend the law relating to employers and workers and to organisations of employers and organisations of workers; to provide for the establishment of a National Industrial Relations Court and for extending the jurisdiction of industrial tribunals; to provide for the appointment of a Chief Registrar of Trade Unions and Employers' Associations, and of assistant registrars, and for establishing a Commission on Industrial Relations as a statutory body; and for purposes connected with those matters.
+| year                  = 1971
+| citation              = [[List of acts of the Parliament of the United Kingdom from 1971|1971]] c. 72
+| introduced_commons    = [[Robert Carr]]
+| introduced_lords      =
+| territorial_extent    =
+| royal_assent          = 5 August 1971
+| commencement          =
+| expiry_date           =
+| repeal_date           =
+| amends                =
+| replaces              =
+| amendments            =
+| repealing_legislation =
+| related_legislation   =
+| status                =
+| legislation_history   =
+| theyworkforyou        =
+| millbankhansard       =
+| original_text         =
+| revised_text          =
+| use_new_UK-LEG        =
+| UK-LEG_title          =
+| collapsed             =
+}}
+{{redirect|Industrial Relations Act|the Mauritius statute|Industrial Relations Act (Mauritius)}}
+The '''Industrial Relations Act 1971''' (c. 72) was an [[Act of Parliament (United Kingdom)|act]] of the [[Parliament of the United Kingdom]], since repealed. It was based on proposals outlined in the governing [[Conservative Party (UK)|Conservative Party]]'s [[manifesto]] for the [[1970 United Kingdom general election|1970 general election]]. The goal was to stabilize industrial relations by forcing concentration of bargaining power and responsibility in the formal union leadership, using the courts. The act was intensely opposed by unions, and helped undermine the government of [[Edward Heath]]. It was repealed by the [[Trade Union and Labour Relations Act 1974]] when the [[Labour Party (UK)|Labour Party]] returned to government.<ref>Moore (2013) ch 10</ref>
-==Effect of legislation==
-{{Expand section|date=January 2011}}
+==Background==
-Workers were given the right to belong to a registered trade union or not to belong to a registered or unregistered trade union.
+The act followed the ''[[Report of the Royal Commission on Trade Unions and Employers' Associations]]'',<ref>(1968) Cmnd 3623</ref> led by Lord Donovan, which sought to reduce industrial conflict and introduce a claim for [[unfair dismissal]]. However, under a Conservative government, the protection for workers was reduced compared to the Donovan Report proposals, and coupled with suppression of the right to collective bargaining, compared to the previous position.
-wel boy
-Collective agreements were to be legally enforceable unless a disclaimer clause was inserted
+The [[Second Reading]] of the Industrial Relations Bill took place on 14 and 15 of December 1970, and the Third Reading on 24 March 1971.<ref>[[Hansard]] HC Deb (14 December 1970) vol 808 cols [https://api.parliament.uk/historic-hansard/commons/1970/dec/14/industrial-relations-bill#S5CV0808P0_19701214_HOC_366 961–1076] and [[Hansard]] HC Deb (15 December 1970) vol 808 [https://api.parliament.uk/historic-hansard/commons/1970/dec/15/industrial-relations-bill#S5CV0808P0_19701215_HOC_316 cols 1126-247] and Third Reading, [[Hansard]] HC Deb 24 March 1971 vol 814 cols [https://api.parliament.uk/historic-hansard/commons/1971/mar/24/industrial-relations-bill-1#S5CV0814P0_19710324_HOC_523 547–706]</ref>
-any news
-There was a greater chance that collective 'no strike' clauses could be implied into individual contracts of employment.
+==Contents==
-any oul craic with ya
+Workers were given the right to belong to a registered trade union or not to belong to a registered or unregistered trade union. Collective agreements were to be legally enforceable unless a disclaimer clause was inserted. There was a greater chance that collective 'no strike' clauses could be implied into individual contracts of employment. Only registered trade unions had legal rights and to enjoy legal immunities. Continued registration was dependent on the organisation having rules which specified how, when and by whom, authority was to be exercised, especially concerning the taking of industrial action.
-Only registered trade unions had legal rights and to enjoy legal immunities.
-hes clean lifting
+A grievance procedure was required to be included in the written statement of particulars of the contract of employment. A worker under a normal contract of employment could receive compensation for unfair dismissal to encourage the development of dismissal procedures.
-Continued registration was dependent on the organization having rules which specified how, when and by whom, authority was to be exercised, especially concerning the taking of industrial action.
-slow down tommy ul never make the corner
+The law limited [[wildcat strike]]s and prohibited limitations on legitimate [[Strike action|strikes]]. It also established the [[National Industrial Relations Court]], which was empowered to grant [[injunction]]s as necessary to prevent injurious strikes and settle a variety of labour disputes.
-Reform and formalization of collective bargaining arrangements were encouraged.
-tis awful sad
-A grievance procedure was required to be included in the written statement of particulars of the contract of employment.
-shit everywhere
-Enforceable courts were available as a last resort.
-whole life ahead of him
-A worker under a normal contract of employment could receive compensation for unfair dismissal to encourage the development of dismissal procedures.
-al he wanted was a bit a cheese
-The law limited [[wildcat strikes]] and prohibited limitations on legitimate [[Strike action|strikes]]. It also established the [[National Industrial Relations Court]], which was empowered to grant [[injunctions]] as necessary to prevent injurious strikes and settle a variety of labour disputes.
-by mikey o neill
 ==Trade union reaction==
-The [[Trades Union Congress]] under the leadership of [[General Secretary of the TUC|General Secretary]] [[Vic Feather]] campaigned against the legislation with a nationwide "Kill the Bill" campaign.<ref>http://news.bbc.co.uk/onthisday/hi/dates/stories/march/1/newsid_2514000/2514033.stm</ref> On 12 January 1971 the TUC held a 'day of action' in protest, with a march through London. In March, 1,500,000 members of the [[Amalgamated Engineering Union]] staged a one day strike. After the bill received [[royal assent]], in September 1971 the TUC voted to require its member unions not to comply with its provisions (including registering as a union under the Act). The [[Transport and General Workers Union]] was twice fined for [[contempt of court]] over its refusal to comply. However, some smaller unions did comply and 32 were suspended from membership of the TUC at the 1972 congress.
+The [[Trades Union Congress]] (TUC) under the leadership of [[General Secretary of the Trades Union Congress|General Secretary]] [[Vic Feather]] campaigned against the legislation with a nationwide "Kill the Bill" campaign.<ref>{{Cite news|url=http://news.bbc.co.uk/onthisday/hi/dates/stories/march/1/newsid_2514000/2514033.stm|title=1971: Workers down tools over union rights|date=March 1971}}</ref> On 12 January 1971 the TUC held a 'day of action' in protest, with a march through London. In March, 1,500,000 members of the [[Amalgamated Engineering Union]] staged a one-day strike. After the bill received [[royal assent]], in September 1971 the TUC voted to require its member unions not to comply with its provisions (including registering as a union under the Act). The [[Transport and General Workers' Union]] was twice fined for [[contempt of court]] over its refusal to comply. However, some smaller unions did comply and 32 were suspended from membership of the TUC at the 1972 congress.
 ==Protest==
 {{Expand section|date=January 2011}}
-Campaigning against the Bill eventually coalesced around individual workers. When the [[Pentonville Five]] were arrested for refusing to appear before the National Industrial Relations Court and imprisoned in the summer of 1972, their case received great publicity. Eventually, the [[Official Solicitor]] intervened to order their release.
+Campaigning against the bill eventually coalesced around individual workers. When the [[Pentonville Five]] were arrested for refusing to appear before the National Industrial Relations Court and imprisoned in the summer of 1972, their case received great publicity. Eventually, the [[Official Solicitor]] intervened to order their release.
 ==Repeal==
-Prime Minister [[Edward Heath]] called a [[United Kingdom general election, February 1974|general election]] over the issue of "Who Governs Britain?" in February 1974, during a lengthy dispute with the [[National Union of Mineworkers (Great Britain)|National Union of Mineworkers]]. Two days before polling day, the Director-General of the [[Confederation of British Industry]] [[Campbell Adamson]] made a speech in which he said "I should like to see the next government repeal the Act so that we can get proper agreement on what should replace it". Adamson's statement made headlines, and was thought to have damaged the Conservative Party's election prospects. Adamson's statement was repudiated by CBI President Sir Michael Clapham, and he offered to resign (the offer was refused).
+Prime Minister [[Edward Heath]] called a [[February 1974 United Kingdom general election|general election]] over the issue of "Who Governs Britain?" in February 1974, during a lengthy dispute with the [[National Union of Mineworkers (Great Britain)|National Union of Mineworkers]]. Two days before polling day, the Director-General of the [[Confederation of British Industry]] [[Campbell Adamson]] made a speech in which he said "I should like to see the next government repeal the Act so that we can get proper agreement on what should replace it". Adamson's statement made headlines, and was thought to have damaged the Conservative Party's election prospects. Adamson's statement was repudiated by CBI President [[Michael Clapham (industrialist)|Sir Michael Clapham]], and he offered to resign (the offer was refused).
-The incoming Labour government repealed the Act through the [[Trade Union and Labour Relations Act 1974]].
+The incoming Labour government repealed the Act through the [[Trade Union and Labour Relations Act 1974]].<ref name="Honeyball2014">{{cite book|author=Simon Honeyball|title=Honeyball and Bowers' Textbook on Employment Law|url=https://books.google.com/books?id=Sdb1AwAAQBAJ&pg=PA7|year=2014|publisher=Oxford University Press|isbn=978-0-19-968562-2|page=7}}</ref>
 ==See also==
-*[[UK labour law]]
+*[[United Kingdom labour law]]
 ==Notes==
@@ Line 46: / Line 64: @@
 ==References==
+*Moore, Charles. ''Margaret Thatcher: From Grantham to the Falklands'' (2013), ch. 10.
-*RW Rideout, ‘The Industrial Relations Act 1971’ (1971) 34(6) Modern Law Review 655
+*Moran, Michael. ''The Politics of Industrial Relations: The Origins, Life and Death of the 1971 Industrial Relations Act'' (London: Macmillan, 1977) .
+*Panitch, Leo. ''Social Democracy and Industrial Militancy: The Labour Party, the Trade Unions, and Incomes Policy, 1945–1974'' (Cambridge U. Pr., 1976).
-{{UK legislation}}
+*Rideout, R. W. 'The Industrial Relations Act 1971' (1971) 34(6) ''Modern Law Review'' 655.
-Industrial Relations and the Limits of Law, Weekes, Mellish, Dickens, Loyd, 1975, p4, Basil Blackwell, Oxford.
+*Industrial Relations and the Limits of Law, Weekes, Mellish, Dickens, Loyd, 1975, p. 4, Basil Blackwell, Oxford.
 [[Category:United Kingdom Acts of Parliament 1971]]
@@ Line 56: / Line 74: @@
 [[Category:Repealed United Kingdom Acts of Parliament]]
 [[Category:Labour relations in the United Kingdom]]
+[[Category:1971 in labor relations]]