CUSTOMARY HOLIDAYS (Hansard, 19 February 1969)

§ 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. The holidays referred to in the Motion are Christmas Day, Boxing Day, Good Friday, Easter Monday, the spring Bank Holiday, the late summer Bank Holiday, New Year's Day, and the day following New Year's Day. The application of the holidays named is to England, Wales and Scotland. I shall later explain the proposal to extend the number of days beyond those enumerated in a similar Bill which I introduced in 1968.

I regret to say that that Measure in 1968 suffered the fate of so many others the life of which is ended by the machinery of Parliament which decrees that such legislation which does not secure the Royal Assent in any one Session thereby falls. Having introduced the present Bill rather earlier, I hope that it may be fortunate in passing all its stages in good time.

Perhaps I should tell those hon. Members not familiar with the main objects of the 1968 version of the Bill that the salient point is that, whereas most people have enjoyment of the holidays named or are otherwise compensated should they be called upon to work on those days, this enjoyment is not theirs of right but depends upon contract between employer and employee, and such agreement is always subject to revision. Since most workers are covered by collective bargains, wages council awards or individual agreements, the almost universal notion has arisen that the customary holidays have legal sanction.

In fact, this is not so. There are those who, having no protection either by trade union or by wages council are subject to the arbitrary decisions of their employer. My Bill, therefore, is aimed at giving statutory force to the customary holidays, making them mandatory on all employers.

It may be argued that simple membership of a trade union would give the necessary protection and ensure the benefit of agreements on holidays. That I accept, and I urge trade union membership on all workers. But one must accept 477 also that there are workers, for example, married women returning to work, particularly to clerical jobs, for whom trade union membership has no attraction and for whom the protection of Parliament is necessary.

So far, the Government have been content to allow agreement on holidays to be settled between employers and workers, even when an injustice is perpetrated. In reply to a Question arising from one such case put to him by me on 19th February, 1968, the Joint Parliamentary Secretary to the then Ministry of Labour refused the suggestion of statutory enforcement of customary holidays. I hope that there will now be a change of heart.

I think it right to reassure hon. Members who may be concerned at the possibility of a complete shutdown on the holidays mentioned. It is well appreciated that in such work as public utility services, sport and entertainment it will always be necessary for some workers to be on duty. However, there is no reason why such workers should not be compensated by time off in lieu or by additional payments.

The value of the occasional holiday is generally recognised, and from time to time hon. Members have sought to extend their number. Indeed, it has been a revelation to find that Britain is more niggardly than most countries in this respect.

The Bill which I wish to submit to the House contains a not-so-revolutionary proposal to add one more day to those generally accepted in England and Wales, that is, New Year's Day, and in Scotland, the day after New Year's Day. I respectfully submit that this proposal in no way infringes the Title of the Bill, since those days are almost universally taken anyway and they can justly be described 478 as customary holidays. Hon. Members who cast their minds back to the beginning of this year will recall the wholesale absenteeism on those days. This is a situation which one can understand on the day following a sometimes not too wisely celebrated turn of the year, when the faculties are not at their best and productivity is often at its lowest. I suggest that in most cases it would be an advantage economically to the employer to remain closed on that day.

It may be said that there is no apparent need for the Bill. I remind the House that there are those who, through the absence of statutory protection, are at disadvantage compared with their fellow workers. I can do no better than quote the words of the Parliamentary Secretary to the Board of Trade in reply to a debate on 12th February, 1960: The more we can extend the universality of holidays, with pay, the more we shall all be pleased. It is essential for the well-being 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.] My Bill is about that universality, and I hope that it will be accepted on both sides of the House.