The Act followed the Report of the Royal Commission on Trade Unions and Employers’ Associations, led by Lord Donovan, which sought to reduce industrial conflict and introduce a claim for unfair dismissal. However, under a Conservative government, the protection for workers was reduced compared to the Donovan Report proposals, and coupled with suppression of the right to collective bargaining, compared to the previous position. The Second Reading of the Industrial Relations Bill took place on 14 and 15 of December 1970, and the Third Reading on 24 March 1971.
Contents
Workers were given the right to belong to a registered trade union or not to belong to a registered or unregistered trade union. Collective agreements were to be legally enforceable unless a disclaimer clause was inserted. There was a greater chance that collective 'no strike' clauses could be implied into individual contracts of employment. Only registered trade unions had legal rights and to enjoy legal immunities. Continued registration was dependent on the organisation having rules which specified how, when and by whom, authority was to be exercised, especially concerning the taking of industrial action. A grievance procedure was required to be included in the written statement of particulars of the contract of employment. A worker under a normal contract of employment could receive compensation for unfair dismissal to encourage the development of dismissal procedures. 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 settle a variety of labour disputes.
The Trades Union Congress under the leadership of General SecretaryVic Feather campaigned against the legislation with a nationwide "Kill the Bill" campaign. 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. 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.
