Trade Union Act 1984

Trade Union Act 1984
Act of Parliament
	Parliament of the United Kingdom
Long title	An Act to make provision for election to certain positions in trade unions and with respect to ballots held in connection with strikes or other forms of industrial action; to require trade unions to compile and maintain registers of members' names and addresses; to amend the law relating to expenditure by trade unions and unincorporated employers' associations on political objects; and to amend sections 1 and 2 of the Employment Act 1980.
Citation	1984 c. 49
Dates
Royal assent	26 July 1984
Repealed	16 October 1992
Other legislation
Repealed by	Trade Union and Labour Relations (Consolidation) Act 1992
Status: Repealed
Text of statute as originally enacted

The Trade Union Act 1984 was a law in the United Kingdom that required all trade unions to hold a secret ballot before calling a strike. The majority of the act did not apply to trade unions based in Northern Ireland.[1] The act was repealed on 16 October 1992.[2] Sir Peter Bottomley, who is the current MP for Worthing West, reportedly said that the act was "designed to ensure that trade unions are more democratic and their leaders more accountable to their members."[3]

The act also required unions to elect a new general secretary every five years and to validate funds every ten years.[4]

Kenneth Clarke, who is a politician for the Conservative Party (UK) reported that, at a point approximately two years after the passing of the bill, 19 unions changed the practice to comply with the act.[5] The act also says that those who are in high up positions in the union must "be accountable to the membership [of the union] as a whole."[6]

Context

At the time the act was passed, the UK miner's strike had just started and, as a result, the government passed acts like this to limit the effect caused by strikes by this. Some people have said that the law was passed after the start of the Falklands War due to the increase in popularity for the government brought on by the conflict.[4]

Effect

The act limited the amount of industrial action by strengthening the requirements for a strike to be considered lawful. It also allowed the legality of the miners' strike to be questioned, as members of the National Union of Mineworkers were not given the chance to vote on this issue.[7]

As a result of this act, striking miners were not entitled to state benefits, thus forcing the majority of miners and their families to survive the strike on handouts, donations from the European "food mountain" and other charities. Being without benefits had more serious consequences for the miners and their families. Their children were not entitled to free school meals or social security help with school uniforms. Poverty and hunger became rife in the mining heartlands. This forced many miners into a dilemma: return to work, and be viewed as a "scab"; or maintain support and live primarily on donations, which is what the majority did.

Notes

"TRADE UNION ACT 1984 (TUA 84)". European Foundation for the Improvement of Living and Working Conditions. Retrieved 3 July 2008.
"Trade Union Act 1984 (repealed 16.10.1992) (c. 49)". Office of Public Sector Information. Retrieved 3 July 2008.
Bottomley, Peter (5 March 1985). "Trade Unions (Reform)". Parliamentary Debates (Hansard). Retrieved 3 July 2008.
Moher, James. "Trade unions and the law – history and a way forward?". historyandpolicy.org. Retrieved 3 July 2008.
Clarke, Kenneth (21 January 1986). "Trade Union Ballots". Parliamentary Debates (Hansard). Retrieved 3 July 2008.
Ellis, Norman (8 December 1984). "Impact of the Trade Union Act 1984 on the BMA". British Medical Journal. 289 (6458): 1637–8. doi:10.1136/bmj.289.6458.1637. PMC 1443865. PMID 6439354.
Lockwood, Graeme. "THE IMPACT OF INDUSTRIAL ACTION BALLOTS ON TRADE UNION PROCEDURES, PRACTICES AND BEHAVIOUR: THE BRITISH CONTEXT" (PDF). King’s College London. Retrieved 3 July 2008.

Part of the 'effect' section is copied from UK miners' strike (1984–1985)

References

Department of Employment, Democracy in Trade Unions (1983) Cm 8778
E McGaughey, 'Democracy or Oligarchy? Models of Union Governance in the UK, Germany and US' (2017) ssrn.com

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[1] "TRADE UNION ACT 1984 (TUA 84)". European Foundation for the Improvement of Living and Working Conditions. Retrieved 3 July 2008.

[2] "Trade Union Act 1984 (repealed 16.10.1992) (c. 49)". Office of Public Sector Information. Retrieved 3 July 2008.

[api.parliament.uk-3] Bottomley, Peter (5 March 1985). "Trade Unions (Reform)". Parliamentary Debates (Hansard). Retrieved 3 July 2008.

[historyandpolicy-4] Moher, James. "Trade unions and the law – history and a way forward?". historyandpolicy.org. Retrieved 3 July 2008.

[5] Clarke, Kenneth (21 January 1986). "Trade Union Ballots". Parliamentary Debates (Hansard). Retrieved 3 July 2008.

[6] Ellis, Norman (8 December 1984). "Impact of the Trade Union Act 1984 on the BMA". British Medical Journal. 289 (6458): 1637–8. doi:10.1136/bmj.289.6458.1637. PMC 1443865. PMID 6439354.

[7] Lockwood, Graeme. "THE IMPACT OF INDUSTRIAL ACTION BALLOTS ON TRADE UNION PROCEDURES, PRACTICES AND BEHAVIOUR: THE BRITISH CONTEXT" (PDF). King’s College London. Retrieved 3 July 2008.