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Master and Servant Act 1867

The Master and Servant Act 1867 (30 & 31 Vict. c. 141) was an act of the Parliament of the United Kingdom which sought to criminalize breach of contract by workers against their employers.

Although it did still give employers and prosecutors warrant to prosecute breach of contract the act was more progressive than the former standard set by the Combinations of Workmen Act 1825 (6 Geo. 4. c. 129) whereby employees seeking to form labor unions and such could be prosecuted for criminal conspiracy in restraint of trade. Under the new standard employees could only be charged for "aggravated cases" and breach of contract, which was at the time seen as an improvement.

Of note is the fact that this piece of legislation was passed by the conservative statesman Benjamin Disraeli and his likewise conservative political bloc.

Provisions

Short title, commencement and extent

Section 1 of the act provided that the act may be cited as The Master and Servant Act, 1867.

Section 25 of the act provided that nothing in the act would extend to or be made applicable to any enactment in the first schedule to the act in relation to Ireland or any part of Great Britain.

Legacy

The Employers and Workmen Act 1875 (38 & 39 Vict. c. 90) was passed in substitution for the act.

The whole act, and all non-excepted enactments listed in the first schedule to the act, were repealed by section 17 of the Conspiracy and Protection of Property Act 1875 (38 & 39 Vict. c. 86).

See also

Notes

References

  • Davis, James Edward. The Master and Servant Act, 1867. Butterworths. London. Hodges, Smith and Co. Dublin. 1868.
  • Davis, James Edward. "Lord Elcho's Master and Servant Act,1867". The Labour Laws. Butterworths. Fleet Street, London. 1875. Chapter 2. Pages 15 to 27. See also page 99.
  • Paterson, William (ed). The Practical Statutes of the Session 1867. Horace Cox. London. 1867. Pages 389 to 407.
  • Holdsworth, William Andrew. "Of the Jurisdiction of the Magistrates under the Master and Servant Act 1867". The Law of Master and Servant. George Routledge and Sons. London. 1873. Chapter 14. Pages 135 to 146.
  • "Master and Servant Act, 1867" (1872) 16 Journal of Jurisprudence 204