CUSTOMARY HOLIDAYS (Hansard, 10 April 1968)

§ Mr. Arnold Shaw (Ilford, South)

I beg to move: That leave be given to bring in a Bill to extend to all persons employed the right to enjoy the benefits of Customary Holidays. These holidays refer to those of Christmas Day, Boxing Day, Good Friday, Easter Monday, Whit Monday, and August Bank Holiday.

The subject of customary holidays has been raised previously in debate, mainly on the point as to whether the number of such holidays should be extended or whether there should be an alteration in the date on which one or other of the holidays should be held.

I was particularly interested in the arguments on an extension in the number of Bank Holidays made by the hon. Gentlemen the Members for Beckenham (Mr. Goodhart) and Lewisham, South (Mr. Carol Johnson) during a debate on the summer holiday season initiated by the hon. Gentleman the then Member for Honiton on 12th February, 1960. Both showed that in the matter of occasional holidays Britain lags sadly behind almost every other country in the world. I would quote from the reply to the debate by the then Parliamentary Secretary to the Board of Trade: The more we can extend the universality of holidays with pay, the more we shall all be pleased. It is essential for the wellbeing of people that they should get away from time to time and have a change of scenery and companions."—[OFFICIAL REPORT, 12th February, 1960; Vol. 617, c. 898.] Mr. Speaker, I should say that there are very few who would not agree with that proposition, and it is with the question of universality that my Bill is concerned. I am not asking for any increase in the number of customary holidays but only that such holidays as there are should be universally enjoyed. In my reading of various debates on this subject, whether hon. Members were urging an extension of the number of such holidays or even a change in their timing, it seemed to me that it never occurred to them that there were numbers of people who not only did not have the benefit of holidays already established but also had no entitlement to them.

1410 This impression was confirmed by a spot inquiry which I made among a number of hon. Members of this House, all of whom were of the opinion that there was a statutory requirement on the part of the employer to allow these holidays. Indeed, so widespread has the custom of having these holidays become that there are very few members of the general public who have any doubts on this subject. The actual situation is that unless the employee is so covered in the terms of his contract of employment he has no absolute right to the enjoyment of the customary holidays but in fact most people are covered, either by Wage Council awards, trade union or even individual agreements. This leaves a minority—and I have no idea just how many—who because of weakness in their power of bargaining are at a disadvantage in this matter compared with other workers.

My own interest in the subject was aroused by the case of a constituent which I brought to the notice of the right hon. Gentleman the Minister of Labour where an employee in a betting office was so handicapped. It may well be that in other betting offices the employers are more generous; but this in no way alters the basic point that there is no inherent requirement for the employer to make any concession. It could be argued, and justifiably, that these people should join their appropriate trade union, thus putting themselves in a stronger bargaining position, and this I would accept. But in certain situations even the attraction of trade union membership is not always a complete answer and it is for Parliament to protect those who are too weak to protect themselves.

During the course of correspondence with the Minister on the matter to which I have referred I was informed: In this country terms and conditions of employment are settled between employers and employees and either party to the contract may at any time give due notice to terminate the contract of employment and may also propose the substitution of a fresh contract with different terms. That may well be so, but it is not the complete picture in so far as the Government can and do interfere in the process, as in the case of those industries covered by wages councils where agreements on wages and conditions are made mandatory on the whole industry; and it is 1411 not unknown for the Government to have some say in wage and salary negotiations under its incomes policy. There is, too, a danger that in times of possible recession in any particular industry, employers might be tempted to present new terms of contract of employment which would have the effect of cancelling a previous agreement in the matter of holidays. This Is not likely to happen but it is a possibility.

Under these circumstances, I see no reason why it should not be made a statutory obligation upon all employers to allow their employees the enjoyment of customary holidays. It goes without saying that in certain occupations, public utility services, sport and entertainment and indeed even in betting offices, it is necessary for work to be done at such times. But this should not in any way debar those who are so engaged from being compensated by having time off in lieu or by additional payment.

Mr. Speaker, this Measure is an attempt to remedy an anomalous situation in which a number of people find themselves at a disadvantage and I would hope it will receive general acceptance by all sides of the House.