Employers and Workmen Act 1875
The Employers and Workmen Act 1875 (38 & 39 Vict, c 90) was an Act of Parliament during Benjamin Disraeli's second administration. It was among many of the reforms created early in Disraeli's office and one of the few not plagued by a permissive nature.
Background
The Act purported to place both sides of industry in equal footing allowing all breaches of contract to be covered by civil law. Prior to the Act, employers were subjected to civil law which could result in a fine while employees could be subjected to criminal law which may have led to a fine and imprisonment. Disraeli proudly commented, "We have settled the long and vexatious contest between capital and labour" and hoped this would "gain and retain for the Conservatives the lasting affection of the working classes".
Content
Section 3(3) was interpreted by the Courts to allow an award of specific performance for completion of work.
Section 4 was interpreted to mean that a worker who was absent from work could be prosecuted and pay damages to his employer (even if the employer could not show a monetary loss on ordinary principles).
See also
- UK labour law
- Conspiracy, and Protection of Property Act 1875
- Nokes v Doncaster Amalgamated Collieries Ltd [1940] AC 1014