HC Deb 21 January 1943 vol 386 cc267-8
7. Mr. Rhys Davies

asked the Minister of Labour whether he is aware that in certain cases, when a person employed under the provisions of the Essential Work Order is dismissed his employment and his local officers in due course decide against the employer, the employee is out of work for many weeks without income; that when the employer is made aware of the decision against him he may refuse to pay the back wages due to the workman; that the only redress open to the workman is to take proceedings for recovery in a court of law; that all this brings the Order into disrepute in the minds of the workers; and will he remedy this grievance?

Mr. Bevin

I assume my hon. Friend is referring to cases where the employee is dismissed for serious misconduct, and I would refer him to the reply I gave to the hon. Member for Peckham (Mr. Silkin) on 26th November, 1942, of which I am sending him a copy. The Order makes provision for expeditious settlement of appeals and I am not aware of any general difficulty. If my hon. Friend will let me have particulars of any specific case he has in mind, I will make inquiry into it.

Mr. Davies

Is the right hon. Gentleman aware that the case which I have already sent to him and the reply that his Department gave to me are contained in the Question which I have now put to him, and that in the case in point the man was not dismissed for misconduct at all? Will he really look into this problem, because the workman is in a very serious position if he gets a decision from the Department in his favour and the employer refuses to pay up?

Mr. Thorne

Do I understand from the reply that the man dismissed from this firm has the right of appeal?

Mr. Bevin

Yes.

Mr. Ness Edwards

Is not the Minister aware that the court only give a direction that the man must be either re-employed or confirms his discharge, but do not say whether the discharge for misconduct was justified, and in those cases we are quite unable to recover wages due to the man if his discharge was not due to misconduct; can the Minister amend the form of decision given by these appeal boards?

Mr. Bevin

I am reluctant to amend the rule relating to misconduct. The word "misconduct" was used very definitely, and in war it sometimes involves very serious matters.