HC Deb 31 July 1939 vol 350 cc1949-50
80. Mr. McEntee

asked the Postmaster-General whether his attention has been drawn to the case of Digby Lucas, a 15 years old boy from a distressed area in Wales, employed in the Post Office stores who, whilst attending a class, attendance at which is a condition of his employment in the Post Office, sustained an injury as the result of which he was absent from work for 92 days; whether he is aware that the boy was ineligible under Post Office rules for any sick pay, nor was he in receipt of National Health Insurance benefit; that the boys' claim to workmen's compensation was successfully contested by the Post Office in the Court of Appeal; and whether he is prepared to make a gratuitous payment in any such future cases to meet the hardship involved or will he consider holding the class in the Departments' time, or removing the rule of compulsory attendance of classes in their own time from the conditions of employment of such lads?

Major Tryon

I am aware of the circumstances of the case. Junior mechanics in the Stores Department are required to attend educational classes arranged by the London County Council for eight hours weekly and are allowed five hours a week off clerical duty for the purpose. The classes are intended to fit them for adult situations in the Post Office and the system is clearly in the best interests of the youths themselves. The risk of an accident at an educational class is very small and the view taken by the Department that it could not accept liability for accidents occurring in the course of such educational classes, has been confirmed by the judgment given in the present case. I am advised that even if full time off duty were allowed for attendance at the classes, the liability of the Department in regard to accidents would not be affected. The youth in question, who was 16 years of age, had not rendered sufficiently long service to qualify for sick pay from the Department or for benefit under the National Health Insurance scheme. I cannot give an undertaking to make ex-gratia payments in such cases, as suggested by the hon. Member but any case of accident where special hardship was entailed would receive consideration.

Mr. McEntee

Can the right hon. Gentleman say whether Lucas had any ex-gratia payment and if so how much; and does he consider it reasonable in the circumstances described that a boy who has been 92 days absent from work as the result of injury should get nothing?

Major Tryon

I have said that any case of accident in which special hardship is involved will receive consideration.

Mr. McEntee

Did Lucas receive any such payment; and does the right hon. Gentleman not think that this case involves circumstances of hardship?

Major Tryon

This case was settled some time ago and it has been decided that we are not in any way liable.

Mr. McEntee

May I have an answer to my question? Did Lucas receive any ex gratia payment?

Major Tryon

No, he did not.

Mr. McEntee

Do you not feel ashamed of yourselves?