Public Holidays on Religious Occasions

Kelly Tolhurst Excerpts

Monday 29th October 2018 Westminster Hall

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)]

It is a pleasure to serve under your chairmanship for the first time, Mrs Main. It is also a pleasure to follow the hon. Member for Ellesmere Port and Neston (Justin Madders) as Opposition spokesperson for the first time. It is good to be here.

I pay tribute to the hon. Member for Linlithgow and East Falkirk (Martyn Day) not only for introducing the debate on behalf of the Petitions Committee, but for his thoughtful and informative speech. I thank the other hon. Members who have taken part, particularly my hon. Friend the Member for Harrow East (Bob Blackman). It was great to hear how he led the charge for a similar debate in 2014. He is a big champion of the diverse community in Harrow East. I am also grateful to the people who signed the e-petitions that have brought us here today.

I am proud that we are one of the world’s most successful multi-ethnic, multi-faith societies. We should all be proud of that diversity, which is at the heart of our economic success. It has made us the strong, vibrant nation we are today.

The Government welcome the celebration of Diwali, Eid and other religious festivals. This year, the festival of Diwali will take place on 7 November and I send my best wishes to everyone who will be celebrating in Britain and around the world. Downing Street will host its Diwali celebration on 15 November.

[Bob Blackman]

I am sorry to interrupt the Minister, who is rightly extolling the virtues of Diwali. We will be celebrating Diwali in Parliament on Wednesday. I have the honour of hosting the event on the Terrace. She and all hon. Members are welcome to join us between 4 o’clock and 6 o’clock. Equally, as she is keen to understand the importance of these days, I invite her to join me on Hindu new year’s day, when I shall be visiting no fewer than 11 temples and celebrating with the people who are celebrating that key day.

[Kelly Tolhurst]

I thank my hon. Friend for the invite. Last year or the year before, I attended a similar event, so I look forward to attending this year. I also thank him very much for his invitation to visit 11 different temples; I am not too sure whether I can agree to that at this point, but—

[Bob Blackman]

One is enough.

[Kelly Tolhurst]

One is enough, but I thank my hon. Friend for his invitation. As he highlighted earlier, many parliamentarians throughout the country will celebrate that day with their constituents, as he will, and they will ensure that they are present at a lot of these events.

As Members will know, the current pattern of bank holidays is well established. There are eight permanent bank and public holidays in England and Wales. Scotland has nine and Northern Ireland has 10. The Banking and Financial Dealings Act 1971 allows for dates to be changed or other holidays to be declared. This allows for holidays to be declared to celebrate special occasions or one-off events.

The Government regularly receive requests for additional bank and public holidays to celebrate a wide variety of occasions. Recent requests have included public holidays to commemorate our armed forces, to mark particular royal events and to celebrate certain sporting successes. We carefully consider every request that we receive.

Although the hon. Member for Linlithgow and East Falkirk has made a powerful case today, the Government do not believe that it is necessary for such extra bank holidays to be declared, for reasons that I will now outline. First, the costs to the economy of introducing new public holidays are considerable. The most recent assessment of an additional holiday for the diamond jubilee, which has been spoken about today, showed a total cost to employers of around £1.2 billion. Depending on the nature of the holiday that is being proposed, costs may be partially offset by increased revenues for businesses in the leisure and tourism sectors, and by a boost in retail spending. However, it is not expected that public holidays for Eid or Diwali would result in an increase in tourism.

Although bank holidays have become widely observed, workers do not have a legal right to take time off for specific bank holidays or to receive extra pay for them; that depends on the terms of their employment agreement and contract. In the UK, full-time workers receive a minimum annual leave entitlement of 28 days. That is a combination of eight days to represent bank holidays and the EU minimum annual leave of 20 days. The extra eight days of leave do not need to be taken on bank holidays themselves, giving workers flexibility. Many employers offer extra leave entitlement on top of the statutory minimum.

It is at the heart of the Government’s quality of work agenda to encourage employers to respond flexibly and sympathetically to any requests for leave, including for religious holidays. The relationship between the worker and the manager is a key aspect of good quality work. Part of a sound relationship is mutual respect and a willingness to accommodate a worker’s religious or cultural commitments.

I will now touch on a few points that the hon. Member for Linlithgow and East Falkirk made. Discrimination in the workplace is not tolerated and is completely unacceptable, so I was very sad to hear about some of the issues that he raised and about some of the feelings that individuals have expressed, which he referred to in his speech.

The hon. Gentleman made an interesting point about swapping religious festivals, but, as I outlined earlier, people do not necessarily have to take bank holidays off, so there is flexibility with the annual leave entitlement for people to make use of that time on their own particular religious holidays.

However, the heart of the argument is around making sure that we do all we can, as a Government, to ensure that employers are sympathetic to the needs of their workers. As everyone who has spoken here today has outlined, the key to the success of companies and businesses is the happiness of their employees. As a Government, we will continue to encourage business to respect people’s views and meet their needs.

The hon. Member for Strangford (Jim Shannon) raised the issue of education, which is an important part of this debate. I can only speak about my own experience from when I was at school. Even then, in the ’70s—well, in the ’80s, I should say—[Interruption.] Yes, I was at school in the ’80s. Actually, I benefited at my comprehensive school from a really good religious education, which did not just focus on Christianity; it covered all the other major religions that are present in this country, too. So I found that, both at school and after I left school, I was in an environment that was very multicultural, even in the ’80s, and I believe that I left school with a good understanding of many of the religions that we have spoken about today. Nevertheless, that is something that we must keep abreast of, and I am sure that the Department for Education will welcome the questions that have been put to it today.

I will just mention a couple of points that my hon. Friend the Member for Harrow East made. He is a strong champion for his constituency and it was great to hear him also talking about Jewish holidays and his constituency. He mentioned the need for employers to understand and to be sympathetic to the needs of particular individuals, and we will continue to monitor that.

I thank the hon. Member for Harrow West (Gareth Thomas), who is another strong champion for his constituency, for his contribution. However, even though he was very determined that he wants to increase the number of public holidays, I am yet to be convinced about the type of extension that he suggested. Nevertheless, it was great that he was able to make his point.

Finally, I will touch on the contribution by the hon. Member for Ellesmere Port and Neston. As I have outlined, we receive a lot of requests for different holidays. We have had requests for St George’s day and an “EU independence” day, and very recently there was a request regarding Harry and Meghan’s wedding. I am sure that the requests for new bank holidays will continue as time goes on, and I am also sure that all the constituents out there would always relish the thought of another day off work. The hon. Gentleman also talked about employers’ awareness of religion, and that is key to what I will come on to later.

I noticed that the hon. Gentleman mentioned that bank holidays could be directly relatable to the productivity of employees, and I think that is a theory that might be tested. However, he also mentioned that with our move to new technology, such as artificial intelligence and robots, there will definitely be job losses. The Government are committed to ensuring that we can provide an economy, a workplace and the skills and jobs that will keep people employed. I am not yet convinced that we need to establish more bank holidays on the back of that change, but he probably has a counterargument.

I will make two quick points to address some of the hon. Gentleman’s other comments. First, I understand that he has asked some questions around the assessment of the cost of bank holidays. Since I became the Under-Secretary of State for Business, Energy and Industrial Strategy, I have not done that assessment, but it would be an interesting area to consider. However, I would always argue that the costs that have been established could be, in reality, potentially higher, so it would be interesting to see who was right and who was wrong on that point.

Regarding our leaving Europe, we have been clear on workers’ rights. As we leave Europe, this Government have been clear that we will not make any concessions in relation to the workers’ rights that we already have, and that we want to ensure that our workers’ rights are protected and built upon. I think that the Prime Minister has been very clear on that.

On the hon. Gentleman’s comment about self-employment, and self-employed people not necessarily being able to benefit from bank holidays, the whole essence of being self-employed is around the flexibility of work; self-employed people are not subjected to the same restraints as full-time employees with regard to their holiday entitlement. So, although he makes a point around self-employment, self-employed individuals actually have a lot more flexibility than others do, particularly to enjoy the religious festivals that they may want to observe.

[Justin Madders]

The point about self-employment is that many people are genuinely self-employed, but a group of people, particularly in the gig economy, do not have the same flexibilities. It is the situation of those people that I wanted the Minister to address.

[Kelly Tolhurst]

Flexibility is key for self-employment, but with regard to the group of people he mentions who are working on such contracts, there is a ban on exclusivity and those individuals are still given the opportunity to request the holiday that they are entitled to as flexible workers with accrued holidays.

In our industrial strategy, the Secretary of State for Business, Energy and Industrial Strategy took responsibility for reporting on and improving the quality of work across the UK. That was a key recommendation of the Taylor review of modern employment practices. In his review, Matthew Taylor set out an overarching ambition that all work in the UK economy should be fair and decent, with realistic scope for development and fulfilment, and that is an ambition of this Government. Although being in employment is vital to people’s health and wellbeing, the quality of the work is also a major factor in helping them to remain healthy and fulfilled.

We know that working flexibly helps people to balance their work and personal lives. Certain approaches to flexible working can allow people to build up additional leave entitlements, to use however they choose. Such flexibility is vital in creating an inclusive economy. Employees with 26 weeks’ continuous service already have the right to request flexible working. That accounts for more than 90% of employees, which sends a clear signal that flexible working is a normal practice for anyone in the workplace and not limited to those with caring responsibilities. The Government would like to take that further. We announced earlier this month that we will consider a new duty on employers to advertise all jobs as flexible, turning the tables on flexible working from something an employee might consider requesting into something an employer will consider offering.

Britain is a great place to live. However, we cannot ignore the fact that in too many parts of our country, communities feel divided. The Government are fully committed to the principles of freedom of religion and belief. I am proud that this country has in place some of the strongest protections in the world to allow people to practise their faith or belief. More than that, we understand that faith communities make a valuable contribution to our society by creating strong social networks, supporting vulnerable people, undertaking charitable work and providing education. We continue to support interfaith work as a means of breaking down barriers between communities and building greater trust and understanding.

Since 2011, the Government have funded the Church Urban Fund’s near neighbours programme, which brings people from diverse faiths and backgrounds together to increase trust and understanding. More than 1,600 local community integration projects have been funded, across 40 local authority areas, and more than a million people have benefited. We also fund the work of the Inter Faith Network for the UK, to facilitate dialogue between faith communities and run the annual interfaith week.

Our industrial strategy commits us to doing more to address the under-representation of people from minority ethnic backgrounds in the labour market. That is good for society and good for business. The McGregor-Smith review estimated that equal employment and progression across ethnicities could be worth £24 billion to the UK economy per year. I encourage employers to look at the review. It provides concrete actions that can be taken to identify and tackle any workplace barriers. As an example, it sets out how staff networks can be a forum for the discussion of how a business can take account of holidays or festivals in an equitable way.

On 11 October, Business in the Community published a one-year-on report on progress against the review’s recommendations. Although there were areas of progress, and significant effort from the Government and employers, I was disappointed to see that that was not always reflected in employees’ lived experiences. One in four employees from a minority ethnic background had witnessed or experienced racial harassment or bullying from managers in the previous two years—an appalling statistic. Only 35% of people felt comfortable talking about their religion in their organisation, and only 38% felt comfortable talking about race. We must ensure that workplaces are comfortable places for the discussion of difference, so that everyone can contribute their perspectives and experiences.

The Prime Minister launched the race in the workplace charter on 11 October, through which organisations sign up to five practical calls for action to ensure that they are tackling barriers faced by people from ethnic minorities in the workplace. The charter builds on a number of the recommendations of the McGregor-Smith review, and I encourage employers to sign up to it.

All this afternoon’s contributions have been informative and respectful. It has been a great debate and I thank all the constituency MPs who have spoken. I know that there will be disappointment that the Government have been unable to support the e-petitions for public holidays for Eid and Diwali, but I have welcomed the opportunity to set out our commitment to a fair and flexible workplace for all. Once again, I thank the hon. Member for Linlithgow and East Falkirk for introducing the debate today.