HC Deb 16 November 1939 vol 353 cc799-800
9. Mr. Mander

asked the Minister of Labour whether the obligation on employers to take back after the war persons who were in their employment at the outbreak of war, or when they were called up, applies to all, whether volunteers, conscripts, Territorials or Regular Army; and, if not, what the differences are?

Mr. E. Brown

I would refer the hon. Member to the reply given on 9th November to the hon. Member for Burnley (Mr. Burke). The provisions regarding reinstatement in civil employment also do not apply to members of the Regular Forces serving at the outbreak of war.

Mr. Mander

Is it not the case that persons who volunteered after 1st September are not protected in this way; and is this not exceedingly unfair discrimination against volunteers?

Mr. Brown

The hon. Member, I think, puts it in the wrong way. He will understand that the Act was concerned with people who were called up and embodied. The House was not then concerned with the question of volunteers. I am obliged to the hon. Member, however, for having called my attention to this matter.

Mr. Mander

But in view of the fact that persons called up since 1st September are not protected, will the Minister take steps to bring in legislation so that this discrepancy may be put right?

Mr. Brown

The hon. Member will see that they were not called up in the legal sense under the Act. My powers in the legal sense of the Act relate to those who were called up and embodied, either because they were in the service before the Act was passed, or because they came under the Act itself.

Mr. Mander

Is there not an obvious differentiation in treatment? I beg to give notice that in view of the unsatisfactory nature of the reply I shall call attention to this matter at an early opportunity.