The Right to Strike: From the Trade Disputes Act 1906 to a Trade Union Freedom Bill 2006 (Download)

This book tells the story of the Trade Disputes Act 1906, in celebration of its centenary, and discusses the impact of the Trade Union Freedom Bill.

Professor Keith Ewing | Feb 2020
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About the book

This book tells the story of the Trade Disputes Act 1906, in celebration of its centenary. That Act was one of the most important pieces of labour legislation ever passed by a British Parliament. It provided very simple legal protection for the right to strike for sixty-five years, and left a legacy which is found on the statute book to this day.

The substance of today’s law however, is far removed and much weaker than the position established in 1906. For that reason, the Trade Union Freedom Bill is designed to soften some of the harder edges of the Thatcher bequest.

The 15 authors contributing to this authoritative report – all involved in the Institute’s unique network of academics, lawyers and trade unionists – examine the twists and turns in the judicial and statutory developments surrounding the right to strike over the last 100 years.

It begins by reviewing the industrial and legal origins of the Trade Disputes Act before cataloguing how the vulnerable immunities introduced by the Act were systematically unravelled by a class conscious judiciary then periodically reconstructed by sympathetic politicians. The final chapters consider the savage deconstruction of trade union rights during the Conservative years of the 80’s and 90’s and assesses where we go from here.

Our system of immunities is compared with the European tradition of fundamental rights as protected by national constitutions. And the book concludes by proposing the initial steps required from a Trade Union Freedom Act if UK laws are to meet the needs of working people in the 21st century.

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Reviews

  • This book is very timely as it marks the centenary of the Trade Disputes Act. Trade unionists need to continue to campaign for stronger union rights to protect and defend today’s workers.

    Brendan Barber, TUC General Secretary

  • Some of the most important reforms in British history are as a result of trade union campaigns. This book reaffirms that trade union freedoms are an essential part of social progress.

    Billy Hayes, General Secretary CWU

  • The call for a Trade Union Freedom Bill has caught the imagination of the labour movement. There is a determination to bring our laws up to date to reflect the realities of the modern work place. These reforms are long overdue.

    Carolyn Jones, Director Institute of Employment Rights

  • The Trade Union Freedom Bill has the potential to become an important reform which will help us to defend our members from the worst excesses of outsourcing, contracting out and PFI. We welcome this important initiative and congratulate the Institute on another excellent piece of work.

    Dave Prentis, General Secretary UNISON

  • 100 years ago unions won a struggle for protection from legal action. 50 years ago we had the declarations on fundamental rights for trade unionists ratified by the UK, which should have progressed things further. But it’s worse now than in 1907. Our calls for better rights in 2007 are more than justified.

    Derek Simpson, General Secretary AMICUS

  • The restoration of trade union rights is one of the most important questions facing trade unionists today. That is why we support the Trade Union Freedom Bill and welcome this publication by the Institute of Employment Rights as an invaluable contribution to the campaign for reform.

    Tony Woodley, General Secretary T&G

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