Employers and Workmen Act 1875

The Employers and Workmen Act 1875 (38 & 39 Vict, c 90, 13 August 1875) [1] was a British Act of Parliament enacted during Benjamin Disraeli's second administration. The Act extended to Ireland, which at that time was part of the United Kingdom.

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).

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See also

References
  1. Irish Statute Book, Employers and Workmen Act, 1875, accessed 16 January 2018
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