HC Deb 01 November 1948 vol 457 cc518-9
56. Mr. Hurd

asked the Minister of Agriculture if he is aware that the Agricultural Wages Board has no power under the Agricultural Wages Act to make an Order requiring the payment of wages during sickness; and whether he will set out clearly the obligations of farmers and county agricultural executive committees who employ agricultural workers.

Mr. G. Brown

I apologise for the length of this reply, Mr. Speaker. My right hon. Friend has, of course, no authority to give any legally binding opinion as to the statutory obligations of farmers and others for payment of wages during their employees' absence through sickness. The A.W.B. under Statute prescribes minimum rates of wage and conditions of employment. Where a worker employed by the week is absent through sickness for only a part of a week my right hon. Friend is advised that the employer is under a statutory obligation to pay wages for the full week at not less than the weekly minimum rate prescribed by the Board. When such a worker's absence through sickness is continued to comprise a whole week, my right hon. Friend is advised in the light of a recent Appeal Court decision, that the employer is under no statutory obligation to continue payment of wages but that a legal obligation may arise by the terms of the contract of employment or where there is proof of a recognised custom in the district. Arrangements were made in 1944 under which county agricultural committees in such cases, where the worker has had not less than three months' service with them continue payment of full wages, less National Insurance benefits, for up to four weeks in any one year (three weeks in the case of women) and of half wages less National Insurance benefits for a further three weeks.

Mr. Hurd

Is it not possible to get some recognised and agreed rule applied throughout the industry? Could not the Minister sponsor discussions between farmers, the employers and the farmworkers to get a generally accepted rule which can then be embodied in the Agricultural Wages Act?

Mr. Brown

The question of the two sides of industry getting together and reaching agreement on this is something which I am sure will have the earnest support of my right hon. Friend, but it is not for us to initiate—it must be a matter for the industry itself.