Trade Union Act 1871 legalises trade unions in the United Kingdom

Background. The Earl of Derby established a Royal Commission on Trade Unions in 1867. The majority report of the Commission was hostile to the idea of decriminalising trade unions. A further position recorded in the sources holds that all existing legislation applying to unions specifically should be repealed, though the sources do not attribute that recommendation to any particular body or person. The Trade Unions Bill was introduced in 1871 and aimed to expand union rights, including the right to strike.

Legislative Process. Leave to bring in the bill was granted on 14 February 1871. It underwent readings in the House of Commons, where it was split into two bills. The amended Trade Unions Bill passed the Commons on 18 April. It then proceeded to the House of Lords, passing with amendments on 19 May, before being agreed to by both houses in June.

Legal Effects. The Act provided that trade union purposes, though possibly in restraint of trade, were not deemed unlawful for criminal prosecution. It also allowed members to access financial records. This legislation is considered a founding piece of UK labour law, though it has been superseded by the Trade Union and Labour Relations (Consolidation) Act 1992.