Trade unions in the United Kingdom
Encyclopedia
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
in 1867, which agreed that the establishment of the organisations was to the advantage of both employers and employees. Legalised in 1871, the Trade Union Movement sought to reform socio-economic conditions for working men in British industries, and the Unions' search for this led to the creation of a Labour Representation Committee which effectively formed the basis for today's Labour Party, which still has extensive links with the Trade Union Movement in Britain. Margaret Thatcher
Margaret Thatcher
Margaret Hilda Thatcher, Baroness Thatcher, was Prime Minister of the United Kingdom from 1979 to 1990...
's governments weakened the powers of the unions in the 1980s, in particular by making it more difficult to strike legally, and some within the British trades union movement criticised Tony Blair
Tony Blair
Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
's Labour government for not reversing some of Thatcher's changes. Most British unions are members of the TUC, the Trades Union Congress
Trades Union Congress
The Trades Union Congress is a national trade union centre, a federation of trade unions in the United Kingdom, representing the majority of trade unions...
(founded in 1867), or where appropriate, the Scottish Trades Union Congress
Scottish Trades Union Congress
The Scottish Trades Union Congress is the co-ordinating body of trade unions, and local Trades Councils, in Scotland. With 39 affiliated unions as of 2007, the STUC represents around 630,000 trade unionists....
or the Irish Congress of Trade Unions
Irish Congress of Trade Unions
The Irish Congress of Trade Unions , formed in 1959 by the merger of the Irish Trade Union Congress and the Congress of Irish Unions , is a national trade union centre, the umbrella organisation to which trade unions in both the Republic of Ireland and Northern Ireland affiliate.-Influence:There...
, which are the country's principal national trade union centre
National trade union center
A national trade union center is a federation or confederation of trade unions in a single country. Nearly every country in the world has a national trade union center, and many have more than one. When there is more than one national center, it is often because of ideological differences—in some...
s.
The decline in numbers of members, very steep in the 1980s (from 13million in 1979) seems to have stopped now, and numbers have stayed around 7.3 million since the year 2000. This means that trade unions remain among the biggest organisations in the country.
History
Unions in Britain were subject to often severe repression until 1824, but were already widespread in cities such as LondonLondon
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
. Workplace militancy had also manifested itself as Luddism and had been prominent in struggles such as the 1820 Rising in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, in which 60,000 workers went on a general strike
General strike
A general strike is a strike action by a critical mass of the labour force in a city, region, or country. While a general strike can be for political goals, economic goals, or both, it tends to gain its momentum from the ideological or class sympathies of the participants...
, which was soon crushed. From 1830 on, attempts were made to set up national general union
General union
A General Union is a trade union which represents workers from all industries and companies, rather than just one organization or a particular sector, as in a craft union or industrial union...
s, most notably Robert Owen
Robert Owen
Robert Owen was a Welsh social reformer and one of the founders of utopian socialism and the cooperative movement.Owen's philosophy was based on three intellectual pillars:...
's Grand National Consolidated Trades Union
Grand National Consolidated Trades Union
The Grand National Consolidated Trades Union of 1834 was an early attempt to form a national union confederation in the United Kingdom.There had been several attempts to form national general unions in the 1820s, culminating with the National Association for the Protection of Labour, established in...
in 1834, which attracted a range of socialists from Owenites to revolutionaries. That organisation played a part in the protests after the Tolpuddle Martyrs
Tolpuddle Martyrs
The Tolpuddle Martyrs were a group of 19th century Dorset agricultural labourers who were arrested for and convicted of swearing a secret oath as members of the Friendly Society of Agricultural Labourers. The rules of the society show it was clearly structured as a friendly society and operated as...
' case, but soon collapsed.
In the later 1830s and 1840s, trade unionism was overshadowed, to some extent, by political activity. Of particular importance was Chartism
Chartism
Chartism was a movement for political and social reform in the United Kingdom during the mid-19th century, between 1838 and 1859. It takes its name from the People's Charter of 1838. Chartism was possibly the first mass working class labour movement in the world...
, the aims of which were supported by most socialists, although none appear to have played leading roles.
More permanent trade unions were established from the 1850s, better resourced but often less radical. The London Trades Council
London Trades Council
The London Trades Council was an early labour organisation, uniting London's trade unionists. Its modern successor organisation is the Greater London Association of Trades Councils...
was founded in 1860, and the Sheffield Outrages
Sheffield Outrages
Sheffield's early success in steel production had involved long working hours, in desperately unpleasant conditions which offered little or no safety protection. quotes a local doctor, Dr. Knight, regarding the so-called "Grinder's Asthma" suffered by the Sheffield cutlery workers in the mid 19th...
spurred the establishment of the Trades Union Congress
Trades Union Congress
The Trades Union Congress is a national trade union centre, a federation of trade unions in the United Kingdom, representing the majority of trade unions...
in 1868. The legal status of trade unions in the United Kingdom was established by a Royal Commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
in 1867, which agreed that the establishment of the organisations was to the advantage of both employers and employees. Unions were legalised in 1871.
In Principles of Political Economy
Principles of Political Economy
Principles of Political Economy by John Stuart Mill was arguably the most important economics or political economy textbook of the mid nineteenth century. It was revised until its seventh edition in 1871, shortly before Mill's death in 1873, and republished in numerous other editions...
(1871) John Stuart Mill
John Stuart Mill
John Stuart Mill was a British philosopher, economist and civil servant. An influential contributor to social theory, political theory, and political economy, his conception of liberty justified the freedom of the individual in opposition to unlimited state control. He was a proponent of...
expressed some of the more liberal sentiment towards unions of the time.
"If it were possible for the working classes, by combining among themselves, to raise or keep up the general rate of wages, it needs hardly be said that this would be a thing not to be punished, but to be welcomed and rejoiced at. Unfortunately the effect is quite beyond attainment by such means. The multitudes who compose the working class are too numerous and too widely scattered to combine at all, much more to combine effectually. If they could do so, they might doubtless succeed in diminishing the hours of labour, and obtaining the same wages for less work. They would also have a limited power of obtaining, by combination, an increase of general wages at the expense of profits."
It is notable that a similar theoretical stance is taken by orthodox economists to this day.
The strongest unions of the mid-Victorian period were unions of skilled workers such as the Amalgamated Society of Engineers
Amalgamated Society of Engineers
Amalgamated Society of Engineers may refer to one of the following trade unions:* Amalgamated Engineering and Electrical Union in the United Kingdom, known as the Amalgamated Society of Engineers from 1851 until 1920...
. Trade unionism amongst semi-skilled and unskilled workers made little progress until the emergence of the New Unions
New Unionism
New Unionism is a term which has been used twice in the history of the labour movement, both times involving moves to broaden the trade union agenda.-1880s:First was the development within the British trade union movement in the late 1880s...
in the late 1880s. Unions played a prominent role in the creation of the Labour Representation Committee which effectively formed the basis for today's Labour Party
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
, which still has extensive links with the trade union movement in Britain.
The years 1910–14 witnessed serious industrial unrest and an enormous increase in trade union membership, which affected all industries, though to differing extents. World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
resulted in a further increase in union membership, as well as widespread recognition of unions and their increased involvement in management.
In 1926, the Trade Union Congress called a general strike in defence of the pay and conditions of coal miners. After a nine-day industrial dispute, two unions took the TUC to court to prevent them being called out on strike. The subsequent court decision, the so-called Astbury judgement, ruled the general strike illegal. The ruling forced the TUC to capitulate as it resulted in the TUC being directly liable for huge fines from employers, and simultaneously gave the government the ability to confiscate all union funds. Ultimately many miners returned to work, and were forced to accept longer hours and lower pay. Additionally, in 1927 the government passed sweeping anti-union legislation under the Trade Disputes and Trade Union. This imposed major curbs on union power, including outlawing sympathetic strikes and mass picketing, and ensuring that civil service unions were banned from affiliating with the TUC.
Major strike action by British unions during the 1978–1979 Winter of Discontent
Winter of Discontent
The "Winter of Discontent" is an expression, popularised by the British media, referring to the winter of 1978–79 in the United Kingdom, during which there were widespread strikes by local authority trade unions demanding larger pay rises for their members, because the Labour government of...
are widely acknowledged to have contributed to the downfall of the Labour government of James Callaghan
James Callaghan
Leonard James Callaghan, Baron Callaghan of Cardiff, KG, PC , was a British Labour politician, who was Prime Minister of the United Kingdom from 1976 to 1979 and Leader of the Labour Party from 1976 to 1980...
. Callaghan, himself a trade-unionist, had previously appealed for unions to exercise pay restraint, as part of the British Government's policies at the time to try to curb rampant inflation. His attempt to try to limit unions to a 5% pay rise led to widespread official and unofficial strikes across the country during the winter of that year. Official and unofficial strike action by lorry drivers, rail workers, nurses and ambulance drivers precipitated a feeling of crisis in the country. Memorable scenes of picketed hospitals, mounting piles of coffins, and heaps of unburied rubbish accumulating in public parks were embedded deeply in the public psyche. The effects of the union action caused a major swing in voting intention. In November 1978, a Gallup poll suggested a 5% Labour lead in the opinion polls. Following the union action that Winter, in February 1979, the Conservatives had a 20% lead. When Jim Callaghan's government lost a vote of no confidence, Margaret Thatcher's Conservatives swept to victory in the subsequent general election and introduced new union laws in part to combat the industrial unrest that had plagued the previous Wilson and Callaghan governments.
- Trade Union Congress est. 1867
- Trade Union Act 1871Trade Union Act 1871Trade Union Act 1871 was a Act of the Parliament of the United Kingdom which legalised trade unions for the first time in the United Kingdom.-Background:...
- Criminal Law Amendment Act 1871Criminal Law Amendment Act 1871The Criminal Law Amendment Act 1871 is an Act of the Parliament of the United Kingdom passed by W. E. Gladstone's Liberal Government...
- Employers and Workmen Act 1875
- Conspiracy and Protection of Property Act 1875Conspiracy and Protection of Property Act 1875The Conspiracy and Protection of Property Act 1875 is an Act of the Parliament of the United Kingdom relating to labour relations, which together with the Employers and Workmen Act 1875, fully decriminalised the work of trade unions...
- 1926 United Kingdom general strike1926 United Kingdom general strikeThe 1926 general strike in the United Kingdom was a general strike that lasted nine days, from 4 May 1926 to 13 May 1926. It was called by the general council of the Trades Union Congress in an unsuccessful attempt to force the British government to act to prevent wage reduction and worsening...
- Trade Disputes and Trade Union Act 1927Trade Disputes and Trade Union Act 1927The Trade Disputes and Trade Unions Act 1927 was a British Act of Parliament passed in response to the General Strike of 1926, introduced by the Attorney General for England and Wales, Sir Douglas Hogg MP....
- Voluntarism, collective laissez-faire and collective bargainingCollective bargainingCollective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions...
- Trade Union and Labour Relations (Consolidation) Act 1992Trade Union and Labour Relations (Consolidation) Act 1992The Trade Union and Labour Relations Act 1992 is a UK Act of Parliament which regulates British labour law. The Act applies in full in England and Wales and in Scotland, and partially in Northern Ireland....
- European Convention on Human RightsEuropean Convention on Human RightsThe Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
Art. 11, freedom of assemblyFreedom of assemblyFreedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests... - Statutory recognition procedure
- Trade Union Freedom BillTrade Union Freedom BillThe Trade Union Freedom Bill is a proposal by the United Kingdom Trades Union Congress for legislation which would give greater freedom to unions and their members to collectively bargain and take action to support their interests...
2008
Law
Much like corporations, until the Combination Act 1825 trade unions were regarded as criminal, and were regarded as quasi legal organisations, subjected to the restraint of tradeRestraint of trade
Restraint of trade is a common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business. In an old leading case of Mitchell v Reynolds Lord Smith LC said,...
doctrine, until the Trade Union Act 1871
Trade Union Act 1871
Trade Union Act 1871 was a Act of the Parliament of the United Kingdom which legalised trade unions for the first time in the United Kingdom.-Background:...
. This Act abolished common law restrictions, but took an abstentionist stance to unions internal affairs.
Union constitutions
The structure of the unions were based in contractEnglish contract law
English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...
and the rights of members depended on being able to show some proprietary
English property law
English property law refers to the law of acquisition, sharing and protection of wealth in England and Wales. Property law can refer to many things, and covers many areas. Property in land is the domain of the law of real property. The law of personal property is particularly important for...
interest to be specifically enforced. This meant that the express terms of the union rule book can, like any contract, be supplemented with implied terms by the courts as strictly necessary to reflect the reasonable expectations of the parties, for instance, by implying the Electoral Reform Service's guidance to say what happens in a tie break situation during an election when the union rules are silent. If there are irregular occurrences in the affairs of the union, for instance if negligence or mismanagement is alleged and a majority could vote on the issue to forgive them, then members have no individual rights to contest executive decision making. However, if a union's leadership acts ultra vires
Ultra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
, beyond its powers set out in the union constitution, if the alleged wrongdoers are in control, if a special supra-majority procedure is flouted, or a member's personal right is broken, the members may bring a derivative claim in court to sue or restrain the executive members. So in Edwards v Halliwell
Edwards v Halliwell
Edwards v Halliwell [1950] 2 All ER 1064 is a UK labour law and UK company law case about the internal organisation of a trade union, or a company, and litigation by members to make an executive follow the organisation's internal rules.-Facts:...
a decision of the executive committee of the National Union of Vehicle Builders
National Union of Vehicle Builders
The National Union of Vehicle Builders was a trade union in the United Kingdom. It merged with the Transport and General Workers' Union in 1972.-See also:* List of trade unions* Transport and General Workers' Union* TGWU amalgamations...
to increase membership fees, which were set in the constitution and required a ⅔ majority vote, was able to be restrained by a claim from individual members because this touched both a personal right under the constitution and flouted a special procedure.
Democratic organisation
The principle that the common law enforced a union's own rules, and that unions were free to arrange their affairs is reflected in the ILO Freedom of Association Convention, and article 11 of the European Convention on Human RightsEuropean Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
, subject to the requirement that regulations "necessary in a democratic society" may be imposed. Unions must have an executive body and that executive must, under TULRCA 1992 sections 46 to 56, be elected at least every five years, directly in a secret, equal postal vote of union members.
- Political donations
Discipline and explusion
- ASLEF v United Kingdom [2007] ECHR 184
Today's unions
Trade unions in Britain experienced a serious decline from the time of the election of Margaret ThatcherMargaret Thatcher
Margaret Hilda Thatcher, Baroness Thatcher, was Prime Minister of the United Kingdom from 1979 to 1990...
's Conservative government in 1979. Thatcher passed new union legislation, which was largely seen as a direct response to the actions of trade unions during the Winter of Discontent of the previous year. At that point the level of union participation in the UK was around 80% of the workforce. By 1997, that number had declined to 30%, most of which was in the public sector. Union participation in the private sector hovers around 12% of the workforce.
Bridlington Agreement
Named after the townBridlington
Bridlington is a seaside resort, minor sea fishing port and civil parish on the Holderness Coast of the North Sea, in the East Riding of Yorkshire, England. It has a static population of over 33,000, which rises considerably during the tourist season...
in East Yorkshire
East Yorkshire
East Yorkshire could be:*East Yorkshire Motor Services*An alternative name for the East Riding of Yorkshire*East Yorkshire , a former district of Humberside*East Yorkshire...
, the Bridlington Agreement governs the transfer of membership between British trade unions, to prevent them poaching each others' members.
External links
- The Trades Union Congress website website