The Forgotten ‘Merthyr Tydfil Judgment of 1900’

Poverty, and hardship went hand in hand with worker exploitation during the industrial revolution, accompanied by disease and starvation. As a measure of help for the destitute, Poor Law Unions were established under the Poor Law Amendment Act of 1834, administered by the local Board of Guardians. Many of these Unions, including that of Merthyr, continued in operation until 1930 when they were replaced by local authority Public Assistance Committees. After 1945 the Poor Laws were replaced by Welfare State legislation brought in by the post war Attlee Government.

In 1898 South Wales miners went on a prolonged and historic strike. It was an attempt by the colliers to remove the sliding scale, which determined wages based on the price of coal. There was widespread agreement that Merthyr Board of Guardians had no choice in law but to support destitute strikers, even though they had voluntarily withdrawn their labour.

The strike quickly turned into a disastrous lockout which lasted for six months and ultimately resulted in a failure for the colliers. There were some concessions but the sliding scale stayed in place.

The strike however was viewed as an important landmark in Trade Union history as it saw the true adoption of trade unionism in the coalfields of The Valleys. The South Wales Miners’ Federation  union originated from this dispute. As a result, coal companies took the Merthyr Board of Guardians to court, as they did not want to see striking workers gain any financial support.

In the subsequent famous High Court ruling in 1900, the Master of the Rolls (the equivalent of today’s Supreme Court), ruled the policy of relieving the strikers had indeed been unlawful.  The Guardians were allowed to help dependents of strikers if they were destitute. Unmarried strikers however, had no access to poor relief whatsoever.  The high court verdict became known throughout Britain as ‘The Merthyr Tydfil Judgment of 1900’.  Often cited in subsequent strikes elsewhere in the country, including the 1926 General Strike.

Historians viewed the ruling as part of the employers’ counteroffensive against the labour movement of the 1890’s and 1900’s.

The 1834 Poor Law Act was replaced by The Local Government Act, 1929.  Workhouses were abolished and The Board of Guardians dissolved, functions being transferred to the Public Assistance Committee. The Merthyr Judgement effectively rendered null and void.