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EMPLOYERS AND WORKMEN ACT 1875
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CHAPTER XC.
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An Act to enlarge the powers of County Courts in respect of disputes between Employers and Workmen, and to give other Courts a limited civil jurisdiction in respect of such disputes. [13th August 1875.]
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Preliminary.
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Short title
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1. This Act may be cited as “The Employers and Workmen Act, 1875.”
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[S. 2 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
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Part I.
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Jurisdiction—Jurisdiction of County Court.
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Power of county court as to ordering of payment of money, set-off, and rescission of contract and taking security.
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3. In any proceeding before a county court in relation to any dispute between an employer and a workman arising out of or incidental to their relation as such (which dispute is hereinafter referred to as a dispute under this Act) the court may, in addition to any jurisdiction it might have exercised if this Act had not passed, exercise all or any of the following powers; (that is to say,)
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(1.) It may adjust and set off the one against the other all such claims on the part either of the employer or of the workman, arising out of or incidental to the relation between them, as the court may find to be subsisting, whether such claims are liquidated or unliquidated, and are for wages, damages, or otherwise; and,
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(2.) If, having regard to all the circumstances of the case, it thinks it just to do so, it may rescind any contract between the employer and the workman upon such terms as to the apportionment of wages or other sums due thereunder, and as to the payment of wages or damages, or other sums due, as it thinks just; and,
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(3.) Where the court might otherwise award damages for any breach of contract it may, if the defendant be willing to give security to the satisfaction of the court for the performance by him of so much of his contract as remains unperformed, with the consent of the plaintiff, accept such security, and order performance of the contract accordingly, in place either of the whole of the damages which would otherwise have been awarded, or some part of such damages.
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The security shall be an undertaking by the defendant and one or more surety or sureties that the defendant will perform his contract, subject on non performance to the payment of a sum to be specified in the undertaking.
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Any sum paid by a surety on behalf of a defendant in respect of a security under this Act, together with all costs incurred by such surety in respect of such security, shall be deemed to be a debt due to him from the defendant; and where such security has been given in or under the direction of a court of summary jurisdiction, that court may order payment to the surety of the sum which has so become due to him from the defendant.
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Court of Summary Jurisdiction.
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Jurisdiction of justices in disputes between employers and workmen.
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4. A dispute under this Act between an employer and a workman may be heard and determined by a court of summary jurisdiction, and such court, for the purposes of this Act, shall be deemed to be a court of civil jurisdiction, and in a proceeding in relation to any such dispute the court may order payment of any sum which it may find to be due as wages, or damages, or otherwise, and may exercise all or any of the powers by this Act conferred on a county court: Provided that in any proceeding in relation to any such dispute the court of summary jurisdiction—
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(1.) Shall not exercise any jurisdiction where the amount claimed exceeds ten pounds; and,
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(2.) Shall not make an order for the payment of any sum exceeding ten pounds, exclusive of the costs incurred in the case; and,
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(3.) Shall not require security to an amount exceeding ten pounds from any defendant or his surety or sureties.
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Jurisdiction of justices in disputes between masters and apprentices.
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5. Any dispute between an apprentice to whom this Act applies and his master, arising out of or incidental to their relation as such, (which dispute is herein-after referred to as a dispute under this Act,) may be heard and determined by a court of summary jurisdiction.
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Powers of justices in respect of apprentices.
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6. In a proceeding before a court of summary jurisdiction in relation to a dispute under this Act between a master and an apprentice, the court shall have the same powers as if the dispute were between an employer and a workman, and the instrument of apprenticeship a contract between an employer and a workman, and shall also have the following powers:
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(1.) It may make an order directing the apprentice to perform his duties under the apprenticeship; and,
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(2.) If it rescinds the instrument of apprenticeship it may, if it thinks it just so to do, order the whole or any part of the premium paid on the binding of the apprentice to be repaid.
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Where an order is made directing an apprentice to perform his duties under the apprenticeship, the court may, from time to time, if satisfied after the expiration of not less than one month from the date of the order that the apprentice has failed to comply therewith, order him to be imprisoned for a period not exceeding fourteen days.
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Order against surety of apprentice and power to friend of apprentice to give security.
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7. In a proceeding before a court of summary jurisdiction in relation to a dispute under this Act between a master and an apprentice, if there is any person liable, under the instrument of apprenticeship, for the conduct of the apprentice, that person may, if the court so direct, be summoned in like manner as if he were the defendant in such proceeding to attend on the hearing of the proceeding; and the court may, in addition to or in substitution for any order which the court is authorised to make against the apprentice, order the person so summoned to pay damages for any breach of the contract of apprenticeship to an amount not exceeding the limit (if any) to which he is liable under the instrument of apprenticeship.
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The court may, if the person so summoned, or any other person, is willing to give security to the satisfaction of the court for the performance by the apprentice of his contract of apprenticeship, accept such security instead of or in mitigation of any punishment which it is authorised to inflict upon the apprentice.
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Part II.
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Procedure.
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Mode of giving security.
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8. A person may give security under this Act in a county court or court of summary jurisdiction by an oral or written acknowledgment in or under the direction of the court of the undertaking or condition by which and the sum for which he is bound, in such manner and form as may be prescribed by any rule for the time being in force, and in any case where security is so given, the court in or under the direction of which it is given may order payment of any sum which may become due in pursuance of such security.
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The Lord Chancellor may from time to time make, and when made, rescind alter and add to, rules with respect to giving security under this Act.
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Summary proceedings.
11 & 12 Vict. c 43.
32 & 33 Vict. c. 62.
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9. Any dispute or matter in respect of which jurisdiction is given by this Act to a court of summary jurisdiction shall be deemed to be a matter on which that court has authority by law to make an order on complaint in pursuance of the [1]
Summary Jurisdiction Act, but shall not be deemed to be a criminal proceeding; and all powers by this Act conferred on a court of summary jurisdiction shall be deemed to be in addition to and not in derogation of any powers conferred on it by the Summary Jurisdiction Act, except that a warrant shall not be issued under that Act for apprehending any person other than an apprentice for failing to appear to answer a complaint in any proceeding under this Act, and that an order made by a court of summary jurisdiction under this Act for the payment of any money shall not be enforced by imprisonment except in the manner and under the conditions by this Act provided; and no goods or chattels shall be taken under a distress ordered by a court of summary jurisdiction which might not be taken under an execution issued by a county court.
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A court of summary jurisdiction may direct any sum of money, for the payment of which it makes an order under this Act, to be paid by instalments, and may from time to time rescind or vary such order.
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Any sum payable by any person under the order of a court of summary jurisdiction in pursuance of this Act, shall be deemed to be a debt due from him in pursuance of a judgment of a competent court within the meaning of the fifth section of the Debtors Act, 1869, and may be enforced accordingly; and as regards any such debt a court of summary jurisdiction shall be deemed to be a court within the meaning of the said section.
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The Lord Chancellor may from time to time make, and when made, rescind alter and add to, rules for carrying into effect the jurisdiction by this Act given to a court of summary jurisdiction, and in particular for the purpose of regulating the costs of any proceedings in a court of summary jurisdiction, with power to provide that the same shall not exceed the costs which would in a similar case be incurred in a county court, and any rules so made in so far as they relate to the exercise of jurisdiction under the said fifth section of the Debtors Act, 1869, shall be deemed to be prescribed rules within the meaning of the said section.
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Part III.
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Definitions and Miscellaneous.
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Definitions.
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Definitions: “Workman.”
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10. In this Act—
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The expression “workman” does not include a domestic or menial servant, but save as aforesaid, means any person who, being a labourer, servant in husbandry, journeyman, artificer, handicraftsman, miner, or otherwise engaged in manual labour, whether under the age of twenty-one years or above that age, has entered into or works under a contract with an employer, whether the contract be made before or after the passing of this Act, be express or implied, oral or in writing, and be a contract of service or a contract personally to execute any work or labour.
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Set off in case of factory workers.
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11. In the case of a child, young person, or woman subject to the provisions of the [1]
Factory Acts, 1833 to 1874, any forfeiture on the ground of absence or leaving work shall not be deducted from or set off against a claim for wages or other sum due for work done before such absence or leaving work, except to the amount of the damage (if any) which the employer may have sustained by reason of such absence or leaving work.
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Application.
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Application to apprentices.
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12. This Act in so far as it relates to apprentices shall apply only to an apprentice to the business of a workman as defined by this Act upon whose binding either no premium is paid, or the premium (if any) paid does not exceed twenty-five pounds, and to an apprentice bound under the provisions of the Acts relating to the relief of the poor.
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Saving Clause.
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Saving of special jurisdiction.
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13. Nothing in this Act shall take away or abridge any local or special jurisdiction touching apprentices.
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. . . . . . . . .
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Part IV.
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Application of Act to Scotland.
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Application to Scotland.
Definitions.
7 Will. 4. & 1 Vict. c. 41.
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14. This Act shall extend to Scotland, with the modifications following; (that is to say,)
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In this Act with respect to Scotland—
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The expression “county court” means the ordinary sheriff court of the county:
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The expression “the court of summary jurisdiction” means the small debt court of the sheriff of the county:
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The expression “sheriff” includes sheriff substitute:
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The expression “instrument of apprenticeship” means indenture:
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The expression “plaintiff” or “complainant” means pursuer or complainer:
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The expression “defendant” includes defender or respondent:
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The expression “the Summary Jurisdiction Act” means the Small Debt (Scotland) Act, 1837, and the Acts amending the same:
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The expression “surety” means cautioner.
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This Act shall be read and construed, as if for the expression “the Lord Chancellor,” wherever it occurs therein, the expression “the Court of Session by Act of sederunt” were substituted.
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All jurisdictions, powers, and authorities necessary for the purposes of this Act are hereby conferred on sheriffs in their ordinary or small debt courts, as the case may be, who shall have full power to make any order on any summons, petition, complaint, or other proceeding under this Act, that any county court or court of summary jurisdiction is empowered to make on any complaint or other proceeding under this Act.
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Any decree or order pronounced or made by a sheriff under this Act shall be enforced in the same manner and under the same conditions in and under which a decree or order pronounced or made by him in his ordinary or small debt court, as the case may be, is enforced.
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Part V.
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Application of Act to Ireland.
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Application to Ireland.
32 & 33 Vict. c. 62.
35 & 36 Vict. c. 57.
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15. This Act shall extend to Ireland, with the modifications following; (that is to say,)
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The expression “county court” shall be construed to mean civil bill court:
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The expression “Lord Chancellor” shall be construed to mean the Lord Chancellor of Ireland:
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The expression “fifth section of the Debtors Act, 1869,” shall be construed to mean “sixth section of Debtors Act (Ireland), 1872.”
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[1 The repealed portion of s. 10 defined this expression as meaning 11 & 12 Vict. c. 43, inclusive of any Acts amending the same.]
[1 See now 41 & 42 Vict. c. 16. s. 102.] |
