Perspectives on Labour Law (L1/2) Flashcards
What is collective labour law?
Collective labour relations (industrial relations) between trade unions and employers/employer’s organisations.
Collective bargaining and agreements.
Self-enforcement (‘autonomous’ enforcement) – conciliation, arbitration, industrial action.
What was the system of labour law in the UK from 1900 to 1971?
Self regulation of industry.
Absence of the law in most areas of work relations.
Creation of norms by collective parties (collective bargaining).
Enforcement of norms by collective parties via arbitration, conciliation or industrial action.
What is self regulation of industry?
The UK has had limited legal regulation of collective employment relations.
No legal obligation to form or join a trade union.
No legal obligation to bargain with a trade union.
Minimal legal regulation of collective bargaining process.
Terms of collective agreement not legally binding.
Combinations of workmen were illegal under statute from 1351. How did the law develop from this to show the emergence of self-regulation?
Combination Acts 1799, 1800. Prohibit trade union organisations.
Combination Laws Repeals Acts 1824, 1825. Legalised some forms of combinations.
However, there were criminal liabilities at common law. Criminal liability for: Conspiracy. Restraint of trade. Breach of contract.
What was the mid-nineteenth century first great expansion of trade unionism (1871-1906)?
Liberalisation of trade unions and collective bargaining.
Royal Commission in 1867 to investigate industrial conflict in Sheffield.
Trade Union Act 1871. Basic protection against criminal and civil liabilities for restraint of trade.
Conspiracy and Protection of Property Act 1875. Protection against prosecution for conspiracy.
Trade Disputes Act 1906 setting the structure for the ‘abstentionist’ culture.
What is collective laissez-faire?
Coined by Otto Kahn-Freund in the 1950s.
Principle for the regulation of employment relations.
Importance of the notion of autonomy.
Leave trade unions and employers to bargain between themselves.
What is the perspective of the end of the system of collective laissez-faire, 1960s-70s?
From 1960s, increasing volume of statutory employment rights.
From 1970s, increasing volume of statutory regulation of collective employment relations.
What is the perspective of anti-union Conservative governments, 1979-97?
Emphasis on individualism.
Collective labour law, erosion of support for collective bargaining.
Restriction of right to strike, picket etc. increased rights for individual union members.
What is the perspective of new Labour governments, 1997-2010?
Regulating for flexibility and competitiveness e.g. National Minimum Wage.
Competitiveness and fairness.
What is the perspective of Conservatives since 2010?
Regulating for competitiveness.
Further demutualisation of the employment relationship.
Trade Union Act 2016, Conduct of Employment Agencies and Employment Business Regulations 2003.
What is globalisation?
Liberalisation of cross-border trade and free movement of capital create opportunities but also challenges.
How has globalisation affected labour law?
Competition between states and pressures to deregulate.
Competition between companies in global product markets make them focus on core competencies and contract out all the rest.
Difficult for nation states to enforce labour standards as globalisation has facilitated the transfer of key powers to corporations.
