What is the current state of the law in England and Wales regarding collective action by labour?

Saskatchewan, Canada


The following excerpt is from Sherritt Gordon Mines Ltd. and TIW Industries Ltd. v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Locals 179 and 264, 1987 CanLII 4897 (SK CA):

The struggle in England at the turn of the century between the traditional freedom to trade and the emerging notions of collective action by labour was characterized in the main by a statutory rebalancing of the conflicting economic interests. Quinn v. Leathern provides the best example. The rule of that case is succinctly stated in the headnote of the report ([1901] A.C. 495): “A combination of two or more, without justification or excuse, to injure a man in his trade by inducing his customers or servants to break their contracts with him or not to deal with him or continue in his employment is, if it results in damage to him, actionable.”

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