Estoring The Protection Of The Trade Disputes Act: Some Forgotten Aspects
| DOI | http://doi.org/10.1111/j.1468-2230.1966.tb01096.x |
| Author | M. A. Hickling |
| Published date | 01 January 1966 |
| Date | 01 January 1966 |
RESTORING
TI-IE
PROTECTION
OF
THE
TRADE DISPUTES ACT:
SOME FORGOTTEN ASPECTS
IN
1964
the decision of the House of Lords
in
Rookes
v.
Barnard
1
tended to focus the attention of trade unions and the T.U.C. in
formulating demands for reform of the Trade Disputes Act
1000,a
on
sections
1
and
8,
and their proposals in general were limited to
narrow amendments nicely tailored to avoid the consequences of
that case. In the unfavourable political climate
of
the time, they
were prompted by
a
desire not
to
provoke any wider examination
of the legal position of trade unions. However, recent develop-
ments had already shown
a
need for closer study and for more
extensive amendments if trade unions
arc
to enjoy the protection
Parliament intended to give them in
1906.
When the Trade Disputes Bill was introduced after the General
Election
it
was
explained
as
a
measure intended simply to restore
the
status
quo,
pending the investigation by the Royal Commission
of the whole position of labour unions and employers’ organisations.
Besides the problems created by
Rookes
v.
Barnard,
there are
several other issues of fundamental importance requiring attention.
The following discussion will be confined to two of such issues,
namely, the meaning of
“
workmen,” which governs the scope of
the expression
cc
trade disputc,” and the immunity from suit con-
ferred upon trade unions by section
4
(1)
of the
1900
Act.
TIIE SCOPE
OF
TRADE DISPUTE
Apart from section
4
(I),
the protection given by the remainder of
the Act (and by section
8
of the Conspiracy and Protcction of
Property Act
1875
is restricted to activities
“
in contemplation
or
in furtherancc of
a
trade dispute.”
4
‘(
Trade dispute
)’
is defined
in section
5
(8)
as
“
any disputc between employers and workmen,
or
between .workmen and workmen, which is connected with the
employment
or
non-employment,
or
the terms of employment,
or
with the conditions of labour of any person,” and
cc
workmen
”
is
defined
as
“
all persons employed
in
trade
or
industry, whether
or
not in the employment of the employer with whom
a
trade dispute
arises.”
1
[1064]
2
W.L.R.
260; [1964]
1
All
B.R.
367.
a
6
Edw.
7,
c. 47.
3
38
&
39 Vict. c. 86 (oriminal conspiracy); and
now
also Trndo Disputes Act
.-
See
8.
1,
civil conspiracy;
s.
2,
peaceful e/cketing;
E.
3,
inducing breach
of
106G;
notcd
infro,
p. 63.
contract
of
employment, etc.;
8.
4
(a),
lin ility
of
trustees.
a2
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