Public Holidays on Religious Occasions

Anne Main Excerpts

Monday 29th October 2018 Westminster Hall

[Mrs Anne Main (in the Chair)]

Order. I have given the hon. Gentleman some latitude, but we are talking about a petition and not general working time directives or other things. He should confine his remarks to the need for the petition to be discussed.

[Justin Madders]

Thank you, Mrs Main.

I was merely explaining that some workers in the gig economy, who are perhaps falsely labelled as self-employed, may not be able to take advantage of holiday entitlements. Has the Minister made an assessment of the number of people denied the right to annual holidays as a result of being incorrectly labelled as self-employed?

In theory, flexibility should mean that there is no issue, but we have heard too many tales of one-sided flexibility. It is important that people of every religion have the right to exercise their religious observance, regardless of their employment status. What steps have been taken to ensure that those employed on zero-hours contracts or in agency work are not subsequently penalised for taking time off to observe religious festivals? With so much work in the gig economy dictated by algorithms on a phone, what steps can the Government take to ensure that no particular religion is disadvantaged by the way those apps operate? That is important, because those apps work only as well as the information that is submitted to them. I am not sure that it is clear that software programmers would think about religious observance when they are working on those apps.

The real problem is enforcement. Rights are only as strong as an individual’s ability to exercise them. To raise concerns about holiday entitlement requires cases to be taken up with an employment tribunal, which until recently attracted a fee imposed by the Government. Even without the fee structure, where cases are complex, like those in the gig economy, representation is often required. Even then, employers can choose not to comply with tribunal decisions. Tomorrow, Uber will go to the Appeal Court to fight a two-year-old ruling that its drivers should be entitled to holiday pay. In those two years, Uber has not paid a penny to the drivers. It is estimated that they are owed about £18,000 each in lost entitlement.

As the Minister knows, where the minimum wage has not been paid, the Department investigates—

[Mrs Anne Main (in the Chair)]

Order. I am struggling to see how that is relevant. The hon. Gentleman is making some interesting remarks, but if he could confine them to the need to have holidays for religious observance, as the petition outlines, I would be grateful. I would like to hear the Minister’s response to that part of the debate.

[Justin Madders]

I would suggest that it is important to look at all forms of workplace structure—

[Mrs Anne Main (in the Chair)]

Order. And, I would suggest, so long as it is in line with the debate that is on the table.

[Justin Madders]

I am coming to a conclusion anyway.

Will the Minister look at occasions where holiday entitlement is not observed? Could the Department adopt a naming and shaming policy, as it has for minimum wage cases?

In conclusion, the debate has reminded us of the need to recognise the importance of respecting and facilitating the opportunity for people of all faiths to observe their religious festivals, but also to think more broadly about the importance of being able to access the right to paid leave.