Master and Servant Act 1867

The Master and Servant Act 1867 (30 & 31 Vict. c. 141) was an Act of Parliament of the United Kingdom which sought to criminalize breach of contract by workers against their employers.^[2] 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 1825 Combination Act 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 "aggrevated cases" and breach of contract, which was at the time seen as an improvement.^[3] The Employers and Workmen Act 1875 (38 & 39 Vict. c. 90) was passed in substitution for this Act.^[4]

Master and Servant Act 1867^[1]

Act of Parliament
Parliament of the United Kingdom
Long title	An Act to amend the Statute Law as between Master and Servant.
Citation	30 & 31 Vict. c. 141
Dates
Royal assent	20 August 1867
Other legislation
Repealed by	Conspiracy and Protection of Property Act 1875
Status: Repealed

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

This act was repealed by section 17 of the Conspiracy and Protection of Property Act 1875 (38 & 39 Vict. c. 86).

Contents

See also

• UK labour law
• Master and Servant Act

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

1. This short title was conferred on this Act by section 1 of this Act.
2. "Web Appendix to \Coercive Contract Enforcement" (PDF). Retrieved 14 May 2013.
3. "Masters and Servants Act". Spartacus Educational. Retrieved 29 September 2023.
4. Arnold, Thomas James (ed). The Conspiracy and Protection of Property Act, 1875 (38 & 39 Vict. c. 86), and the Employers and Workmen Act, 1875 (38 & 39 Vict. c. 90): with the Rules for carrying into Effect the Jurisdiction given to Courts of Summary Jurisdiction by the last mentioned Act. Shaw and Sons. Fetter Lane, London. 1876. Page 113