Trade Unions Act 1991

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TRADE UNIONS ACT 1991

Trade Unions Act 1991 Index


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TRADE UNIONS ACT 1991

Index Section Page

Registration of trade unions and employers’ associations 5

1 Trade unions and employers’ associations to be registered ..................................... 5
2 Registration of trade unions and employers’ associations ....................................... 5
2A Organisations ineligible for registration ...................................................................... 7
3 Amendment of registration ........................................................................................... 7
4 Cancellation of registration ........................................................................................... 8
5 Appeals ............................................................................................................................ 8
6 Accounts and returns ..................................................................................................... 9
7 Regulations .................................................................................................................... 10
Status and immunities of trade unions etc 10

8 Status of trade unions and employers’ associations ................................................ 10
9 Restraint of trade........................................................................................................... 11
Immunities in respect of industrial action 11

10 Breach of contract by industrial action ...................................................................... 11
11 Acts in contemplation or furtherance of trade disputes ......................................... 11
12 Liability of unregistered union or association .......................................................... 12
13 Requirement for ballot ................................................................................................. 12
14 Ballot in essential services ........................................................................................... 15
15 [Inserts section 3A in the Trade Disputes Act 1985.] ............................................... 16
16 Industrial action in support of closed shop .............................................................. 16
17 Secondary action ........................................................................................................... 16
18 Picketing ......................................................................................................................... 17
19 Protest action ................................................................................................................. 18
20 Liability of trade union for industrial action ............................................................ 19
21 Limit on damages ......................................................................................................... 22
Miscellaneous and supplemental 22

22 Service of documents ................................................................................................... 22
23 Meaning of “trade union” and “employers’ association”....................................... 22
24 Meaning of “trade dispute” ........................................................................................ 24
25 Interpretation: general ................................................................................................. 25
26 Transitional provisions ................................................................................................ 26
Index Trade Unions Act 1991


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27 Short title and commencement ................................................................................... 26
SCHEDULE 1 27

REQUIREMENTS AS TO BALLOTS 27
SCHEDULE 2 29

TRANSITIONAL PROVISIONS 29
ENDNOTES 31

TABLE OF LEGISLATION HISTORY 31
TABLE OF RENUMBERED PROVISIONS 31
TABLE OF ENDNOTE REFERENCES 31

Trade Unions Act 1991 Section 1


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c i e
TRADE UNIONS ACT 1991

Received Royal Assent: 15 October 1991
Passed: 15 October 1991
Commenced: 1 April 1992
AN ACT
to make new provision relating to trade unions, employers’
associations and trade disputes; and for connected purposes.
Registration of trade unions and employers’ associations
1 Trade unions and employers’ associations to be registered

(1) No trade union or employers’ association, and no official or member of a
trade union or employers’ association, shall do any act in furtherance of
the purposes for which the union or association is formed unless it has
first been registered in accordance with this Act.
(2) [Repealed]1

(3) The Department of Economic Development may by order provide that a
trade union or employers’ association specified in the order, being a
body established or constituted by a statutory provision or a resolution
of Tynwald, shall be deemed for such purpose or purposes as may be so
specified, or for all purposes, to be registered in accordance with
this Act.2

(4) An order under subsection (3) —
(a) shall not have effect unless it is approved by Tynwald; and
(b) shall not affect any right, privilege, obligation or liability
acquired, accrued or incurred before the date on which it comes
into operation.3

2 Registration of trade unions and employers’ associations

(1) The Chief Registrar shall maintain a register of trade unions and a
register of employers’ associations in the prescribed form.
Section 2 Trade Unions Act 1991


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(2) In relation to every registered trade union or employers’ association the
register shall include the following particulars —
(a) the name of the trade union or employers’ association;
(b) the name and address in the Island of an official of the trade
union or employers’ association who is resident in the Island;
(c) an address in the Island for the service of notices and other
proceedings on the trade union or employers’ association; and
(d) such other particulars as may be prescribed.
(3) Any 7 or more members of a trade union or employers’ association, or
any official of the union or association duly authorised for the purpose,
may apply to the Chief Registrar for registration of the trade union or
employers’ association.
(4) Any such application shall be in the prescribed form and include the
particulars specified in subsection (2), and shall be accompanied by the
prescribed fee and a copy of the rules of the trade union or employers’
association, signed by the applicants.
(5) In the case of a United Kingdom union, the application shall include an
undertaking by the union to comply with any order, award, injunction,
direction or other judgment (whether interim or final) in any proceedings
in a court of competent jurisdiction in the Island to which the union is a
party.
(6) If the Chief Registrar is not satisfied that the applicants are duly
authorised to apply for registration or, where subsection (5) applies, to
give the undertaking required by that subsection, he shall refuse to
register the trade union or employers’ association, and shall notify the
applicants in writing of the ground of refusal.
(7) If the Chief Registrar is satisfied that —
(a) the purposes of the trade union or employers’ association are
unlawful; or
(b) the application is not in accordance with this section or
regulations; or
(c) the name of the trade union or employers’ association is the same
as the name by which another existing trade union or employers’
association has been registered, or so nearly resembles such a
name as to be likely to mislead any person;
he shall refuse to register the trade union or employers’ association, and
shall notify the applicants in writing of the ground of refusal.
(8) Subject to subsections (6) and (7), the Chief Registrar shall enter the trade
union or employers’ association in the appropriate register, and shall
issue to the applicants a certificate of registration in the prescribed form.
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2A Organisations ineligible for registration

(1) Where, on an application for registration in respect of an organisation,
the Chief Registrar, after —
(a) giving the applicants an opportunity to make representations in
writing to him, and
(b) considering any representations so made,
is satisfied that the organisation is not a trade union or an employers’
association, he shall (subject to subsection (4)) refuse to register the
organisation as a trade union or as an employers’ association, as the case
may be.
(2) Where the Chief Registrar refuses to register an organisation under
subsection (1), he shall certify in writing that, on the information
provided to him in the application for registration and in any
representations made under that subsection, he is satisfied that the
organisation is not a trade union or an employers’ association, as the case
may be.
(3) There shall be annexed to a certificate under subsection (2) a certified
copy of —
(a) the application for registration;
(b) the rules of the organisation (as supplied under section (2(4)); and
(c) any representations made under subsection (1);
and the certificate shall be conclusive evidence in any legal proceedings
that the organisation to which it relates was not, at the date thereof, a
trade union or an employers’ association, as the case may be.
(4) The Chief Registrar may, after considering representations in accordance
with subsection (1), refer to the High Court the question whether an
organisation is a trade union or an employers’ association, as the case
may be; and on a reference under this subsection the High Court may,
after giving the applicants and any other persons appearing to the Court
to be interested an opportunity to be heard, direct the Chief Registrar to
register or not to register the organisation and, where appropriate, to
issue a certificate under subsection (2).4

3 Amendment of registration

(1) Any 7 or more members of a registered trade union or registered
employers’ association, or any official of the union or association duly
authorised for the purpose, may apply to the Chief Registrar for the
amendment of the register —
(a) on any change in the particulars entered in the register in relation
to the union or association; and
(b) on any amendment of the rules of the union or association.
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(2) Section 2(4) and (6) to (8) applies to an application under this section as it
applies to an application for registration of a trade union or employers’
association, except that a copy of the rules need not accompany an
application under subsection (1)(a).
(3) [Repealed]5

4 Cancellation of registration

(1) The Chief Registrar may cancel the registration of a trade union or
employers’ association —
(a) at the request of the union or association, evidenced in such
manner as he may direct; or
(b) if he is satisfied —
(i) that the registration has been obtained by fraud or mistake,
or
(ii) that the purposes of the union or association are or have
become unlawful, or
(iii) [Repealed]6

(iv) in the case of a United Kingdom union, that the union has
failed to comply with an undertaking under section 2(5), or
(v) that the union or association, after notice in writing by the
Chief Registrar, has failed to comply with section 6, or
(vi) that the union or association has ceased to exist.
(2) Not less than 2 months before cancelling the registration of a trade union
or employers’ association the Chief Registrar, except where he is satisfied
that it has ceased to exist, shall notify the union or association of his
intention to do so, stating the grounds for so doing.
5 Appeals

(1) Any person who has made an application to the Chief Registrar under
section 2 or 3 may appeal to the High Court against the refusal of the
application; but no appeal shall lie against the refusal of an application
pursuant to a direction under section 2A(4).7

(2) Any trade union or employers’ association may appeal to the High Court
against the cancellation or intended cancellation of its registration under
section 4.
(2A) Where an appeal under subsection (2) is made within the period of 2
months beginning with the date on which notification of the intended
cancellation is given under section 4(2), the Chief Registrar shall not
cancel the registration until the appeal is determined or abandoned.8

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(3) On an appeal under this section the High Court, if it is satisfied that the
registration should have been made or amended, or should not be
cancelled, as the case may be, shall declare accordingly and give any
necessary directions to the Chief Registrar.
6 Accounts and returns

(1) Every trade union or employer’s association shall —
(a) cause to be kept with respect to its transactions and its assets and
liabilities such records as are necessary to give a true and fair
view of the state of affairs of the union or association and to
explain its transactions; and
(b) establish and maintain a satisfactory system of control of its
accounting records, its cash holdings and all its receipts and
remittances.
(2) Every trade union or employers’ association shall, within such time as
may be prescribed, send to the Chief Registrar as respects every calendar
year a return in the prescribed form relating to its affairs, including the
number of its members at the end of that year or at such other date as
may be prescribed.
(3) Every trade union or employers’ association shall appoint an auditor or
auditors to audit the accounts contained in its annual return.
(4) Every trade union or employers’ association shall at the request of any
member of the union or association supply him with a copy of its rules
and of its most recent annual return either free of charge or on payment
of a reasonable charge.
(5) Where a trade union or employers’ association consists of branches or
sections, then —
(a) any duty under this section falling upon the union or association
in relation to a branch or section shall be treated as having been
discharged to the extent to which a branch or section discharges
that duty instead of the union or association;
(b) any duty under this section falling upon a branch or section by
reason of its being a trade union or employers’ association shall be
treated as having been discharged to the extent to which the
union or association of which it is a branch or section discharges
that duty instead of the branch or section.
(6) An order under section 1(3) may provide that the provisions of this
section —
(a) shall not apply to the trade union or employers’ association
specified in the order, or
(b) shall not so apply except to such extent as is so specified.9

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7 Regulations

(1) The Department of Economic Development may by regulations —
(a) prescribe anything which by sections 1 to 6 is required to be
prescribed;
(b) make further provisions for the registration of trade unions and
employers’ associations, in particular for the inspection of rules,
annual returns and other documents delivered to the Chief
Registrar under those sections;
(c) provide for the qualifications, appointment, removal and
functions of auditors of trade unions and employers’
associations.10

(2) Regulations under this section may make special provision for United
Kingdom unions.
(3) Regulations under this section shall not have effect unless they are
approved by Tynwald.
Status and immunities of trade unions etc
8 Status of trade unions and employers’ associations

[P1974/52/2 and 3]
(1) Where a trade union or employers’ association is unincorporated —
(a) it is capable of making contracts;
(b) all property belonging to the union or association shall be vested
in trustees in trust for the union or association;
(c) subject to subsection (2), the union or association shall be capable
of suing or being sued in its own name, whether in proceedings
relating to property or founded on contract or tort or any other
cause of action whatsoever;
(d) proceedings for any offence alleged to have been committed by
the union or association or on its behalf may be brought against
the union or association in its own name; and
(e) any judgment, order or award made in proceedings of any
description brought against the union or association shall be
enforceable against any property held in trust for the union or
association;
to the like extent and in like manner as if the union or association were a
body corporate.
(2) A trade union or employers’ association which is neither registered nor
incorporated shall not be capable of suing in its own name.
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9 Restraint of trade

[P1974/52/2(5) and 3(5)]
The purposes of a registered trade union or a registered employers’ association,
so far as they relate to the regulation of relations between employers or
employers’ associations and workers, or between employers and workers or
trade unions, as the case may be, shall not, by reason only that they are in
restraint of trade, be unlawful —
(a) so as to make any member of the union or association liable to
criminal proceedings for an offence under section 330 (conspiracy)
of the Criminal Code 1872; or
(b) so as to render voidable any agreement or trust;
nor shall any rule of a registered trade union or a registered employers’
association, in so far as it so relates, be unlawful or unenforceable by
reason only that it is in restraint of trade.
Immunities in respect of industrial action
10 Breach of contract by industrial action

(1) A worker shall not be liable in damages to his employer for a breach of
his contract of employment consisting of —
(a) a cessation of work, or
(b) a refusal to work, or
(c) a refusal to work in a manner lawfully required by his employer,
in contemplation or furtherance of a trade dispute.
(2) This section does not affect —
(a) any right or remedy of the employer, other than a remedy
specified in subsection (1), or
(b) any other liability of the worker,
arising out of a breach of a contract of employment.
11 Acts in contemplation or furtherance of trade disputes

[P1974/52/13; P1976/7/3]
(1) Subject to the following provisions of this Act, an act done by a person in
contemplation or furtherance of a trade dispute shall not be actionable in
tort on the ground only —
(a) that it induces another person to break a contract or interferes or
induces any other person to interfere with its performance; or
(b) that it consists in his threatening that a contract (whether one to
which he is a party or not) will be broken or its performance
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interfered with, or that he will induce another person to break a
contract or to interfere with its performance.
(2) An agreement or combination by 2 or more persons to do or procure the
doing of any act in contemplation or furtherance of a trade dispute shall
not be actionable in tort if the act is one which, if done without any such
agreement or combination, would not be actionable in tort.
(3) An agreement or combination by 2 or more persons to do or procure the
doing of any act in contemplation or furtherance of a trade dispute shall
not constitute an offence under section 330 (conspiracy) of the Criminal
Code 1872 if such an act committed by one person would not be a crime.
12 Liability of unregistered union or association

Subject to section 20, nothing in section 11 prevents an act done by a trade union
or employers’ association, or by an official of a trade union or employers’
association, from being actionable in tort if at the time of the act the union or
association was not registered.
13 Requirement for ballot

[P1984/49/10]
(1) Nothing in section 11 prevents an act done by a trade union without the
support of a ballot from being actionable in tort (whether or not against
the trade union) on the ground that it induced a person to break his
contract of employment or to interfere with its performance.
(2) Nothing in section 11 prevents an act done by a trade union without the
support of a ballot from being actionable in tort (whether or not against
the trade union) on the ground that it induced a person to break a
contract (other than a contract of employment) or to interfere with its
performance where —
(a) one of the facts relied on for the purpose of establishing liability is
that the union induced another person to break his contract of
employment or to interfere with its performance; and
(b) by virtue of subsection (1), nothing in section 11 would prevent
the act or inducement referred to in paragraph (a) from being
actionable in tort.
(3) For the purpose of subsection (1), an act shall be taken as having been
done with the support of a ballot if, and only if, —
(a) the trade union, after notifying the employer and an industrial
relations officer of its intention to hold a ballot at least 7 days
prior to holding it, has held a ballot in respect of the strike or
other industrial action in the course of which the breach or
interference referred to in subsection (1) occurred;11

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(b) the majority of those voting in the ballot have answered “Yes” to
the question specified in paragraph 2(2)(a) or (b), as the case may
be, of Schedule 1;
(ba) the trade union has, as soon as reasonably practicable, notified all
persons entitled to vote in the ballot, the employer and an
industrial relations officer, of the result of the ballot (in this
section referred to as “the official ballot result”), namely —
(a) the number of persons entitled to vote in the ballot;
(b) the number of votes cast in the ballot;
(c) the number of individuals voting “Yes”;
(d) the number of individuals voting “No”;
(e) the number of spoiled ballot papers;12

(bb) the trade union has taken such steps as are reasonably necessary
to ensure that the employer and an industrial relations officer
receive notification of industrial action within the appropriate
period;13

(c) the first authorisation or endorsement of any relevant act, and (in
the case of an authorisation) the act itself, took place —
(i) after the expiry of 7 days beginning with the day on which
the employer and an industrial relations officer received
notification of industrial action under paragraph (bb) ;
and14

(ii) before the expiry of the period of 5 weeks (or, where a
direction is given under subsection (5), 6 weeks) beginning
with the date of the ballot; and15

(d) Schedule 1 has been satisfied in relation to the ballot.
(3A) In the case of subsection (3)(a) notification is satisfied by the receipt by
the employer and an industrial relations officer of a copy of a notice in
writing —
(a) stating that the union intends to hold the ballot,
(b) specifying the date which the union reasonably believes will be
the opening day of the ballot,
(c) containing a list of the categories of employee to which the
affected employees belong, and
(d) containing a list of the workplaces at which the affected
employees work.16

(3B) In the case of subsection (3)(ba) notification is satisfied by the receipt by
the employer and an industrial relations officer of a copy of the official
ballot result.17

(3C) In the case of subsection (3)(bb) notification is satisfied by the receipt by
the employer and an industrial relations officer of a notice in writing —
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(a) containing a list of the categories of employee to which the
affected employees belong,
(b) containing a list of the workplaces at which the affected
employees work, and
(c) stating whether industrial action is intended to be continuous or
discontinuous and specifying —
(i) where it is to be continuous, the intended date for any of
the affected employees to begin to take part in the action,
and
(ii) where it is to be discontinuous, the intended dates for any
of the affected employees to take part in the action.18

(3D) For the purposes of subsection (3)(bb) the appropriate period is the
period beginning with the day when the trade union satisfies the
requirement of subsection (3)(ba) and ending with the seventh day
before the day or before the first of the days specified in the
notification.19

(4) In subsection (3)(c) a “relevant act” is any act (done in the course of the
action mentioned in subsection (3)(a)) of inducing a person to break his
contract of employment or to interfere with its performance; and an
“authorisation or endorsement” of a relevant act is an authorisation or
endorsement of the act which, by virtue of section 20, causes the act to be
taken, for the purposes mentioned in that section, to have been done by
the trade union.
(5) Before the expiry of the period of 7 days specified in subsection (3)(c)(i)
in relation to notification by the union of industrial action, an industrial
relations officer may direct that the period shall be extended by a further
period of 7 days; but no more than one such direction may be given in
relation to any one ballot.20

(6) In this section any reference to a breach or interference occurring in the
course of a strike or other industrial action includes a reference to a
breach or interference which, taken together with any corresponding
action in relation to other contracts of employment, constitutes that
action.
(7) A ballot shall not be invalid for the purposes of this section merely on the
ground that the members of the trade union voting in the ballot include
members whose place of work is in a country or territory outside the
Island, but any vote by such a member shall be disregarded for the
purposes of this section and Schedule 1.
(8) For the purposes of this section “contract of employment” includes any
contract under which one person personally does work or performs
services for another.
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14 Ballot in essential services

(1) The Council of Ministers may by order designate the supply of any
goods or of any service for the purpose of this section, if it appears to it
that the disruption by industrial action of that supply is likely —
(a) to deprive the community of the essentials of life, or
(b) to endanger the life, health or personal safety of the whole or any
part of the community;21

and in this section “essential service” means a supply designated by an
order under this subsection.22

(2) An order under subsection (1) shall not have effect unless it is approved
by Tynwald.
(3) Subsections (4) to (8) apply to a trade dispute (whether existing or
apprehended), some or all of the parties to which are engaged in an
essential service.
(4) Subject to subsection (5), the Council of Ministers may at any time direct,
in relation to a trade dispute to which this subsection applies and which
is specified in the direction, that section 13(3)(c) shall have effect with the
substitution for sub-paragraphs (i) and (ii) of —
“(i) after the expiry of a period beginning with the day on
which the employer and an industrial relations officer
received notification of industrial action within the
meaning of section 13(3)(bb) and ending on the notification
to the trade union of the decision of a court of inquiry
under section 3A(3) of the Trade Disputes Act 1985; 23
and
(ii) before the expiry of the period of 6 weeks beginning on
that day; and”.24

(5) A direction under subsection (4) may not be given in relation to a trade
dispute if the Council of Ministers is satisfied25
—
(a) that all the parties are engaged in negotiations with a view to
settling the dispute, and
(b) either —
(i) that none of the parties is likely to resort to industrial
action in the course of the dispute; or
(ii) that industrial action in the course of the dispute is not
likely to cause such disruption as will have the effect
mentioned in subsection (1).
(6) If it appears to the Council of Ministers that26
—
(a) industrial action by some (but not all) of the parties to the dispute
who might take such action, or
(b) industrial action of one kind (but not of another kind),
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would be likely to cause such disruption as will have the effect
mentioned in subsection (1), a direction under subsection (4) may be
expressed to apply in relation to some (but not all) of those parties, or to
industrial action of one kind (but not of another kind), as the case may
be.
(7) A direction under subsection (4) shall not apply in the case of a ballot
where the cooling-off period has expired before the direction is notified
to the trade union in question, but without prejudice to its effect in the
case of a subsequent ballot.
In this subsection “the cooling-off period”, in relation to a ballot, means
the period of 7 days referred to in section 13(3)(c)(i), or that period as
extended under section 13(5), as the case may be.
(8) If it appears to the Council of Ministers that a trade dispute in relation to
which a direction under this section has been given has been settled
(whether as between all the parties to the dispute or as between some of
them), it shall withdraw the direction, either as respects all the parties or
as respects some of them, as the case may require.27

15 [Inserts section 3A in the Trade Disputes Act 1985.]

16 Industrial action in support of closed shop

Nothing in section 11 prevents an act from being actionable in tort on a ground
specified in section 11(1)(a) or (b) where it constitutes, or is one of a number of
acts which together constitute, an inducement or attempted inducement of
a person —
(a) not to employ, or to restrict the employment of, persons who are
not members of a trade union, or of a particular trade union, or of
one of a number of particular trade unions, either generally or in
any premises, place or undertaking or in any description of work;
or
(b) to dismiss any worker, or to take any action against him short of
dismissal, or to treat him less favourably than other workers, on
the ground that he is not a member of a trade union, or of a
particular trade union, or of one of a number of particular trade
unions.
17 Secondary action

(1) Nothing in section 11 prevents an act from being actionable in tort on a
ground specified in section 11(1)(a) or (b) where one of the facts relied on
for the purpose of establishing liability is that there has been secondary
action, other than action falling within subsection (2).
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(2) Secondary action falls within this subsection only if it is done in the
course of such attendance as is declared lawful by section 18 —
(a) by a worker employed (or, in the case of a worker not in
employment, last employed) by the employer party to the
dispute; or
(b) by a trade union official whose attendance is lawful by virtue of
section 18(l)(b).
(3) Subject to subsection (4), for the purposes of this section there is
secondary action in relation to a trade dispute when, and only when, a
person —
(a) induces another to break a contract of employment or interferes or
induces another to interfere with its performance, or
(b) threatens that a contract of employment under which he or
another is employed will be broken or its performance interfered
with, or that he will induce another to break a contract of
employment or to interfere with its performance,
and the employer under the contract of employment is not a party to the
dispute.
(4) An act in contemplation or furtherance of a trade dispute which is
primary action in relation to that dispute is not secondary action in
relation to another dispute.
(5) For the purposes of this section —
(a) “contract of employment” includes any contract under which one
person personally does work or performs services for another,
and related expressions have a corresponding meaning;
(b) “primary action” is such action as is mentioned in
subsection (3)(a) or (b) where the employer under the contract of
employment is the employer party to the dispute;
(c) an employer shall not be treated as party to a dispute between
another employer and workers of that employer; and
(d) where more than one employer is in dispute with his workers, the
dispute between each employer and his workers shall be treated
as a separate dispute.
18 Picketing

(1) Subject to subsection (2), it is lawful for a person in contemplation or
furtherance of a trade dispute to attend —
(a) at or near his own place of work, or
(b) if he is an official of a trade union, at or near the place of work of a
member of that union whom he is accompanying and whom he
represents,
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for the purpose only of peacefully obtaining or communicating
information, or peacefully persuading any person to work or abstain
from working.
(2) Subsection (1) does not apply where more than 6 persons attend for that
purpose —
(a) at a place of work (other than a place mentioned in
paragraph (b)); or
(b) in the case of a place of work which has more than one entrance
from a highway or other place to which the public have access, at
any such entrance.
(3) If a person works or normally works —
(a) otherwise than at any one place, or
(b) at a place the location of which is such that attendance there for a
purpose mentioned in subsection (1) is impracticable,
his place of work for the purpose of that subsection is any premises of his
employer from which he works or from which his work is administered.
(4) In the case of a worker who is not in employment where —
(a) his last employment was terminated in connection with a trade
dispute, or
(b) the termination of his employment was one of the circumstances
giving rise to a trade dispute,
subsection (1) has effect, in relation to that dispute, as if any reference to
his place of work were a reference to his former place of work.
(5) A person who is an official of a trade union by virtue only of being
elected or appointed to be a representative of some of the members of the
union shall be regarded for the purposes of subsection (2) as representing
only those members; but otherwise an official of a trade union shall be
regarded for those purposes as representing all its members.
(6) Nothing in section 11 prevents an act done in the course of picketing
from being actionable, unless the act is done in the course of attendance
declared lawful by subsection (1).
(7) [Inserts section 3A in the Trade Disputes (Regulation) Act 1936.]
19 Protest action

(1) Nothing in section 11 prevents an act from being actionable in tort in any
case where the reason, or one of the reasons for doing it is the fact or
belief that an employer has dismissed one or more employees in
circumstances whereby neither section 124 (dismissal in connection with
protected industrial action) nor 130 (selective dismissal or re-engagement
arising out of industrial action) of the Employment Act 2006 apply and
Trade Unions Act 1991 Section 20


c AT 20 of 1991 Page 19

those employees have no right to complain to the Employment Tribunal
of unfair dismissal.28

(2) In this section —
“dismiss” has the same meaning as in Part X of the Employment Act 2006;29

20 Liability of trade union for industrial action

(1) Where proceedings in tort are brought against a trade union —
(a) on a ground specified in section 11(1)(a) or (b); or
(b) in respect of an agreement or combination by 2 or more persons to
do or to procure the doing of any act which, if done without any
such agreement or combination, would be actionable in tort on
such a ground,
then, for the purpose of determining in those proceedings whether the
union is liable in respect of the act in question, the act shall be taken to
have been done by the union if, and only if, it is to be taken, in
accordance with the following provisions, to have been authorised or
endorsed by the union.
(2) An act shall be taken to have been authorised or endorsed by a trade
union if it was done, or was authorised or endorsed —
(a) by any person empowered by the rules to do, authorise or
endorse acts of the kind in question, or
(b) by a principal committee or official of the union, or
(c) by any other committee of the union or any other official of the
union (whether employed by it or not), or
(d) without prejudice to paragraph (b) or (c), the registered official of
the union.
(3) For the purpose of subsection (2)(c) —
(a) any group of persons constituted in accordance with the rules is a
committee of the union; and
(b) an act shall be taken to have been done, authorised or endorsed
by an official if it was done, authorised or endorsed by, or by any
member of, any group of persons of which he was a member, the
purposes of which include organising or endorsing industrial
action.
(4) Subsection (2)(b), (c) and (d) applies notwithstanding anything in the
rules of the union, or in any contract or rule of law, but subject as
follows.
(5) An act shall not be taken to have been authorised or endorsed by the
union by virtue only of subsection (2)(c) or (d) if it was repudiated by the
Section 20 Trade Unions Act 1991


Page 20 AT 20 of 1991 c

appropriate person as soon as reasonably practicable after coming to his
knowledge (or to the knowledge of any of them, if more than one).
(6) In subsection (5), “the appropriate person” means —
(a) where the authorisation or endorsement was given by a person
who is, or by a group of persons all of whom are, resident in the
Island, either the registered official of the trade union or a
principal committee or official of the union;
(b) in any other case, both the registered official of the union and a
principal committee or official of the union.
(7) Subsections (5) and (6) apply notwithstanding anything in the rules of
the union, or in any contract or rule of law.
(8) Where an act is repudiated —
(a) written notice of the repudiation must be given to the committee
or official in question, without delay, and
(b) the union must do its best to give individual written notice of the
fact and date of repudiation, without delay —
(i) to every member of the union who the union has reason to
believe is taking part, or might otherwise take part, in
industrial action as a result of the act, and
(ii) to the employer of every such member.
(9) The notice given to members under subsection (8)(b)(i) must include the
following statement —
“Your union has repudiated any call for industrial action to which this
notice relates and will give no support for such action.”
(10) A repudiation shall be treated as ineffective —
(a) if, at any time after the purported repudiation, a principal
committee or official or the registered official has behaved in a
manner which is inconsistent with the purported repudiation, or
(b) if subsection (8) or (9) is not complied with.
(11) A principal committee or official or a registered official shall be treated as
behaving as mentioned in subsection (10)(a) if, on a request made to any
of them within 6 months of the purported repudiation by a person
who —
(a) is a party to a commercial contract whose performance has been
or may be interfered with as a result of the act in question, and
(b) has not been given notice by the union of the repudiation,
it is not forthwith confirmed in writing that the act has been repudiated.
(12) In this section —
“commercial contract” means any contract other than —
Trade Unions Act 1991 Section 20


c AT 20 of 1991 Page 21

(a) a contract of service or apprenticeship, or
(b) any other contract under which a person agrees personally to do
work or perform services for another;
“general secretary” or “president” means the official of the union concerned
who holds the office of general secretary or president, as the case may be,
or where there is no such office, who holds the office which is equivalent,
or the nearest equivalent, to that of general secretary or president;
“principal committee or official” means the principal executive committee or the
president or general secretary of the union;
“principal executive committee” means the principal committee of the union
exercising executive functions, by whatever name it is known;
“registered official” means the official of the union whose name is entered in the
register pursuant to section 2(2)(b);
“rules” means the written rules of the union and any other written provisions
forming part of the contract between a member and the other members
(or, in the case of a union which is a body corporate, between a member
and the body).
(13) Where an act is by virtue of this section taken as being done by a trade
union, nothing in this section affects the liability of any other person in
any proceedings in respect of the act.
(14) In proceedings arising out of an act which is by virtue of this section
taken to have been done by a trade union, the power of the court to grant
an injunction includes power to require the union to take such steps as
the court considers appropriate for ensuring —
(a) that there is no, or no further, inducement of persons to take part
or to continue to take part in industrial action, and
(b) that no person engages in any conduct after the granting of the
injunction by virtue of having been induced before it was granted
to take part or to continue to take part in industrial action;
and this section applies in relation to proceedings for failure to comply
with any such injunction as they apply in relation to the original
proceedings.
(15) In any such proceedings as are mentioned in subsection (14) the court, in
determining whether or not to grant an injunction against a trade union,
shall not have regard to any difficulty in enforcing the injunction by
reason of the union being established outside the jurisdiction of the
court, or any official or assets of the union being outside that jurisdiction.
Section 21 Trade Unions Act 1991


Page 22 AT 20 of 1991 c

21 Limit on damages

[P1982/46/16]
(1) Subject to subsection (2), in any proceedings in tort brought against a
registered trade union the amount which may be awarded against the
union by way of damages in those proceedings shall not exceed £10,000.
(2) Subsection (1) does not apply to any proceedings —
(a) for any of the following resulting in personal injury to any person,
namely negligence, nuisance or breach of duty;
(b) without prejudice to paragraph (a), for breach of duty in
connection with the ownership, occupation, possession, control or
use of property (whether real or personal).
(3) The Department of Economic Development may by order vary the sum
specified in subsection (1), but no such order shall have effect unless it is
approved by Tynwald.30

(4) In this section —
“duty” means a duty imposed by any rule of law or by or under any statutory
provision; and
“personal injury” includes any disease and any impairment of a person’s
physical or mental condition.
Miscellaneous and supplemental
22 Service of documents

Without prejudice to section 41 of the Interpretation Act 1976, where any
document (including any summons or other process relating to proceedings in
any court or tribunal) which is required to be sent to or served on —
(a) a trade union or employers’ association, or
(b) the official of a trade union or employers’ association whose name
is entered in the register pursuant to section 2(2)(b),
is sent by post to or delivered at the address of the union or association
or official entered in the register under section 2(2)(c) or (b), as the case
may be, the document shall be treated as validly sent to or served on the
union, association or official.
23 Meaning of “trade union” and “employers’ association”

[P1974/52/28]
(1) In this Act “trade union
” means an organisation (whether permanent or
temporary) which either —
(a) consists wholly or mainly of workers of one or more descriptions
and is an organisation whose principal purposes include the
Trade Unions Act 1991 Section 23


c AT 20 of 1991 Page 23

regulation of relations between workers of that description or
those descriptions and employers or employers’ associations; or
(b) consists wholly or mainly of —
(i) constituent or affiliated organisations which fall within
paragraph (a) (or themselves consist wholly or mainly of
constituent or affiliated organisations falling within
paragraph (a)); or
(ii) representatives of such constituent or affiliated
organisations;
and in either case is an organisation whose principal purposes
include the regulation of relations between workers and
employers or between workers and employers’ associations, or
include the regulation of relations between its constituent or
affiliated organisations.
(2) In this Act “United Kingdom union
” means a trade union which is, or
which is a branch or section of, —
(a) a trade union whose name is entered in the list of trade unions
maintained under section 8 of the Trade Union and Labour
Relations Act 1974 (an Act of Parliament), or
(b) a special register body within the meaning of that Act.
(3) In this Act “employers’ association
” means an organisation (whether
permanent or temporary) which either —
(a) consists wholly or mainly of employers or individual proprietors
of one or more descriptions and is an organisation whose
principal purposes include the regulation of relations between
workers of that description or those descriptions and workers or
trade unions; or
(b) consists wholly or mainly of —
(i) constituent or affiliated organisations which fall within
paragraph (a) (or themselves consist wholly or mainly of
constituent or affiliated organisations falling within
paragraph (a)); or
(ii) representatives of such constituent or affiliated
organisations;
and in either case is an organisation whose principal purposes
include the regulation of relations between employers and
workers or between employers and trade unions, or include the
regulation of relations between its constituent or affiliated
organisations.
Section 24 Trade Unions Act 1991


Page 24 AT 20 of 1991 c

24 Meaning of “trade dispute”

[P1974/52/29]
(1) In this Act “trade dispute
” means a dispute between workers and their
employer which relates wholly or mainly to one or more of the
following —
(a) terms and conditions of employment, or the physical conditions in
which any workers are required to work;
(b) engagement or non-engagement, or termination or suspension of
employment or the duties of employment, of one or more
workers;
(c) allocation of work or the duties of employment as between
workers or groups of workers;
(d) matters of discipline;
(e) the membership or non-membership of a registered trade union
on the part of a worker;
(f) facilities for officials of registered trade unions;
(g) machinery for negotiation and consultation, and other
procedures, relating to any of the above matters, including the
recognition by employers or employers’ associations of the right
of a registered trade union to represent workers in any such
negotiation or consultation or in the carrying out of such
procedures.
(1A) A dispute between a Department or Statutory Board or any other officer
or body performing functions on behalf of the Crown and any workers
shall notwithstanding that it is not the employer of those workers, be
treated as a dispute between an employer and those workers.31

(1B) An act, threat or demand done or made by one person or organisation
against another which, if resisted, would have led to a trade dispute with
that other, shall be treated as being done or made in contemplation of a
trade dispute with that other, notwithstanding that because that other
submits to the act or threat or accedes to the demand no dispute arises.32

(2) A dispute is a trade dispute for the purposes of this Act even though it
relates to matters occurring outside the Island, so long as the person or
persons, whose actions in the Island are said to be in contemplation or
furtherance of the dispute, are likely to be affected in respect of one or
more of the matters specified in subsection (1) by the outcome of the
dispute.
(2A) In this section —
“employment” includes any relationship whereby one person personally does
work or performs services for another; and
“worker”, in relation to a dispute with an employer, means —
Trade Unions Act 1991 Section 25


c AT 20 of 1991 Page 25

(a) a worker employed by that employer; or
(b) a person who has ceased to be so employed if his employment
was terminated in connection with the dispute or if the
termination of his employment was one of the circumstances
giving rise to the dispute.33

25 Interpretation: general

[P1974/52/30]
In this Act —
“act
” and “action
” each includes omission, and reference to doing an act or
taking action shall be construed accordingly;
“contract of employment
” means a contract of service or apprenticeship,
whether express or implied and (if express) whether oral or in writing;
“date of ballot
” means, in the case of a ballot in which votes may be cast on
more than one day, the last of those days;34

“employee
” means an individual who has entered into or works under (or,
where the employment has ceased, worked under) a contract of
employment;
“employer
” means —
(a) in relation to an employee, means the person by whom the
employee is (or, where the employment has ceased, was)
employed;
(b) otherwise, means a person regarded in his capacity as someone
for whom one or more workers work or have worked, or
normally work or seek to work;
“employers’ association
” has the meaning given by section 23(3);
“individual proprietor
” means an individual who is the owner of an
undertaking;
“officer
”, in relation to a trade union or an employers’ association, includes any
member of the governing body of the union or association and any
trustee of any fund applicable for the purposes of that union or
association;
“official
”, in relation to a trade union or an employers’ association, means any
person who is an officer of the union or association or of a branch or
section of the union or association, or (in the case of a trade union), not
being such an officer, is a person elected or appointed in accordance with
the rules of the union to be a representative of its members or of some of
them, including any person so elected or appointed who is an employee
of the same employer as the members, or one or more of the members,
whom he is to represent;
Section 26 Trade Unions Act 1991


Page 26 AT 20 of 1991 c

“police service
” means service as a member of the Isle of Man Constabulary or
in any other capacity by virtue of which a person has the powers or
privileges of a constable;
“the register
” means the register of trade unions or the register of employers’
associations, as the case may be, maintained under section 2(1);
“registered
”, in relation to a trade union or employers’ association, means
entered in the register;
“strike
” means any concerted stoppage of work;35

“trade dispute
” has the meaning given by section 24;
“trade union
” and “United Kingdom union
” have the meanings given by
section 23 (1) and (2);
“worker
” means an individual regarded in his capacity as a person who works
or normally works or seeks to work (otherwise than in police service) —
(a) under a contract of employment;
(b) under any other contract, whether express or implied and (if
express) whether oral or in writing, whereby he undertakes to do
or perform personally any work or services for another party to
the contract who is not a professional client of his; or
(c) in employment under or for the purposes of the Crown, a
Department or Statutory Board or a government department of
the United Kingdom (otherwise than as a member of the naval,
military or air forces of the Crown), in so far as such employment
does not fall within (a) or (b) above.
26 Transitional provisions

The transitional provisions in Schedule 2 shall have effect.
27 Short title and commencement

[P1984/49/11]
(1) This Act may be cited as the Trade Unions Act 1991.
(2) This Act shall come into operation on such day as the Department of
Industry may by order appoint.36

Trade Unions Act 1991 Schedule 1



c AT 20 of 1991 Page 27

SCHEDULE 1

REQUIREMENTS AS TO BALLOTS

Section 13(3)
Entitlement to vote
1. (1) Subject to section 13(7), entitlement to vote in the ballot must be
accorded —
(a) equally, to all those members of the trade union who it is
reasonable at the time of the ballot for the union to believe will be
called upon in the strike or other industrial action in question to
act in breach of, or to interfere with the performance of, their
contracts of employment or, as the case may be, to continue so to
act; and
(b) to no others.
(2) Where a person who was a member of a trade union at the time when a
ballot was held for the purpose of section 13 —
(a) was denied entitlement to vote in the ballot; and
(b) is induced by the union, in the course of the action in respect of
which the ballot was held, to break his contract of employment or
to interfere with its performance,
this Schedule shall subject to sub-paragraph (5) of paragraph 3 be
taken not to have been satisfied in relation to that ballot.37

Method of voting
2. (1) The method of voting must be by the marking of a voting paper by the
person voting.
(2) The voting paper must contain at least one of the following questions —
(a) a question (however framed) which requires the voter to say, by
answering “Yes” or “No”, whether he is prepared to take part or
to continue to take part, as the case may be, in a strike involving
him in a breach of his contract of employment;
(b) a question (however framed) which requires the voter to say, by
answering “Yes” or “No”, whether he is prepared to take part or
to continue to take part, as the case may be, in industrial action
falling short of a strike but involving him in a breach of his
contract of employment.
(2A) For the purposes of sub-paragraph (2) an overtime ban and a call-out ban
constitute industrial action short of a strike.38

Schedule 1
Trade Unions Act 1991


Page 28 AT 20 of 1991 c

(3) and (4) [Repealed]39

(5) A person shall not be treated as being given a convenient opportunity to
vote by post unless a voting paper is made available to him as mentioned in sub-
paragraph (2)(a) of paragraph 3 at least 7 days before the close of the ballot.40

(6) [Repealed]41

Conduct of ballot
3. (1) The ballot shall be conducted so as to secure that every person who is
entitled to vote in the ballot must —
(a) be allowed to vote without interference from, or constraint
imposed by, the union or any of its members, officials or
employees, and
(b) so far as is reasonably practicable, be enabled to do so without
incurring any direct cost to himself.
(2) So far as is reasonably practicable, every person who is entitled to vote in
the ballot must —
(a) have a voting paper sent to him by post at his home address or
any other address which he has requested the trade union in
writing to treat as his postal address; and
(b) be given a convenient opportunity to vote by post.
(3) A ballot shall be conducted so as to secure that —
(a) so far as is reasonably practicable, those voting do so in secret,
and
(b) the votes given in the ballot are fairly and accurately counted.
(4) For the purposes of sub-paragraph (3)(b) an inaccuracy in counting shall
be disregarded if it is accidental and on a scale which could not affect the result of the
ballot.
(5) If —
(a) in relation to a ballot there is a failure (or there are failures) to
comply with a provision mentioned in sub-paragraph (1) or (2) or
with more than one of those provisions, and
(b) the failure is accidental and on a scale which is unlikely to affect
the result of the ballot, or, as the case may be, the failures are
accidental and taken together are on a scale which is unlikely to
affect the result of the ballot,
the failure (or failures) shall be disregarded.42

Result of ballot
4. [Repealed]43

Trade Unions Act 1991 Schedule 2



c AT 20 of 1991 Page 29

SCHEDULE 2

TRANSITIONAL PROVISIONS

Section 26
Registration
1. Except in relation to a trade union or employers’ association which is formed
after the commencement of this Act, nothing in section 1 or section 12 applies in
relation to an act done within the period of 3 months beginning with such
commencement.
Accounts and returns
2. A trade union is not required to send to the Chief Registrar under section 6(2) a
return in respect of any calendar year which began before the commencement of this
Act.
Status of trade unions and employers’ associations
3. Section 8(1)(c), (d) and (e) does not apply in relation to a cause of action
accruing, offence committed or judgment, order or award made before the
commencement of this Act.
Breach of contract by industrial action
4. Nothing in section 10(1) applies in relation to a breach of contract committed
before the commencement of this Act.
Immunity for acts in contemplation etc of trade dispute
5. (1) Nothing in section 11 applies in relation to an act done before the
commencement of this Act.
(2) Without prejudice to sub-paragraph (1), section 13 does not apply in
relation to a strike or other industrial action which began before, or begins within a
period of 42 days after, the commencement of this Act.
Essential services
6. Section 14 does not apply in relation to a trade dispute which existed before the
commencement of this Act.
Liability of trade unions
7. (1) Section 20 does not apply to proceedings begun before the
commencement of this Act.
Schedule 2
Trade Unions Act 1991


Page 30 AT 20 of 1991 c

(2) Section 21 does not apply to proceedings founded on a cause of action
which arose before the commencement of this Act.
Trade Unions Act 1991 Endnotes


c AT 20 of 1991 Page 31

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (2) repealed by Trade Unions (Amendment) Act 1995 s 1. 2
Subs (3) added by Trade Unions (Amendment) Act 1995 s 2 and amended by
SD155/10 Sch 2. 3
Subs (4) added by Trade Unions (Amendment) Act 1995 s 2. 4
S 2A inserted by Trade Unions (Amendment) Act 1995 s 3. 5
Subs (3) repealed by Trade Unions (Amendment) Act 1995 s 1. 6
Subpara (iii) repealed by Employment Act 2006 Sch 9. 7
Subs (1) amended by Trade Unions (Amendment) Act 1995 s 3. 8
Subs (2A) inserted by Trade Unions (Amendment) Act 1995 s 4. 9
Subs (6) added by Trade Unions (Amendment) Act 1995 s 2. 10
Subs (1) amended by SD155/10 Sch 2. 11
Para (a) amended by Employment Act 2006 Sch 8. 12
Para (ba) inserted by Employment Act 2006 Sch 8. 13
Para (bb) inserted by Employment Act 2006 Sch 8. 14
Subpara (i) amended by Employment Act 2006 Sch 8. 15
Subpara (ii) amended by Employment Act 2006 Sch 8. 16
Subs (3A) inserted by Employment Act 2006 Sch 8. 17
Subs (3B) inserted by Employment Act 2006 Sch 8. 18
Subs (3C) inserted by Employment Act 2006 Sch 8. 19
Subs (3D) inserted by Employment Act 2006 Sch 8. 20
Subs (5) amended by Employment Act 2006 Sch 8. 21
Para (b) substituted by Trade Unions (Amendment) Act 1995 s 5. 22
Subs (1) amended by SD861/11.
Endnotes Trade Unions Act 1991


Page 32 AT 20 of 1991 c

23
Para (i) substituted by Employment Act 2006 Sch 8. 24
Subs (4) amended by SD861/11. 25
Subs (5) amended by SD861/11. 26
Subs (6) amended by SD861/11. 27
Subs (8) amended by SD861/11. 28
Subs (1) substituted by Employment Act 2006 Sch 8. 29
Subs (2) amended by Employment Act 2006 Sch 8 and Sch 9. 30
Subs (3) amended by SD155/10 Sch 2. 31
Subs (1A) inserted by Employment Act 2006 Sch 8. 32
Subs (1B) inserted by Employment Act 2006 Sch 8. 33
Subs (2A) inserted by Employment Act 2006 Sch 8. 34
Definition of “date of ballot” inserted by Employment Act 2006 Sch 8. 35
Definition of “strike” inserted by Employment Act 2006 Sch 8. 36
ADO (whole Act) 1/4/1992 (GC86/92). 37
Subpara (2) amended by Employment Act 2006 Sch 8. 38
Subpara (2A) inserted by Employment Act 2006 Sch 8. 39
Subparas (3) and (4) repealed by Employment Act 2006 Sch 9. 40
Subpara (5) amended by Employment Act 2006 Sch 8. 41
Subpara (6) repealed by Employment Act 2006 Sch 9. 42
Para 3 substituted by Employment Act 2006 Sch 8. 43
Para 4 repealed by Employment Act 2006 Sch 9.