Industrial Relations Act 1971

The Industrial Relations Act 1971 (c.72) was an Act of the Parliament of the United Kingdom, since repealed. It was largely based on proposals outlined in the governing Conservative Party's manifesto for the 1970 general election. The act was highly controversial and was repealed in 1974 when the Labour Party returned to government.

Effect of legislation

The major provisions of the Industrial Relations Act, 1971 were: 1) workers were given the right to belong to a registered trade union or not to belong to a registered or unregistered trade union 2) collective agreements were to be legally enforceable unless a disclaimer clause was inserted 3) a greater likelihood that collective ‘no strike’ clauses could be implied into individual contracts of employment 4) providing for registration of trade unions and employers’ associations 5) only registered trade unions were to have legal rights and to enjoy legal immunities 6) 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 7) to encourage the reform and formalization of collective bargaining arrangements 8) a grievance procedure was required to be included in the written statement of particulars of the contract of employment 9) legal machinery was set up to deal with recognition, multi-union and procedural problems 10) enforceable courts were available as a last resort 11) a worker under a normal contract of employment could receive compensation for unfair dismissal [designed to encourage the development of dismissal procedures] 12) to give the government emergency powers to deal with industrial disputes which were considered damaging to the national economy [ss.138-45 of the Act were available to the government from December 1971, but were not used against the miners dispute in 1972, though ‘they were used against the railway unions’ Weekes 227]. 13) the introduction of a code of ‘good’ industrial relations practice.

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 also to settle a variety of labour disputes.

Trade union reaction

The Trades Union Congress under the leadership of General Secretary Vic Feather campaigned against the legislation with a nationwide "Kill the Bill" campaign.^[1] 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.

References

1. ^ http://news.bbc.co.uk/onthisday/hi/dates/stories/march/1/newsid_2514000/2514033.stm

Industrial Relations and the Limits of Law, Weekes, Mellish, Dickens, Loyd, 1975, p4, Basil Blackwell, Oxford.