Spanish practices
Encyclopedia
The terms Spanish practices or old Spanish customs are United Kingdom
expressions that refer to irregular or restrictive practices in workers' interests. Typically, these are arrangements that have been negotiated in the past between employers and unions.
The issue arises because, in United Kingdom law, a contract of employment consists of both expressed and implied terms. Implied terms can arise through "custom and practice". Historically, alteration of these terms has been by negotiation and collective bargaining
.
The expression was widely used in reporting the strikes
at Royal Mail
, the UK’s national postal service, which started in October 2007, after the term was used in an interview by Royal Mail Chief Executive Adam Crozier
. Crozier described as "cobblers" claims by the Communication Workers Union (UK)
deputy general secretary Dave Ward that the way Royal Mail
made its employees work amounted to "slavery". According to Crozier, Royal Mail
was "only trying to make people work the hours for which they were paid". He claimed there were 1,442 Spanish practices at Royal Mail
a few years ago, and these had now been cut to 92. One example of such practices was paid overtime within normal working hours, for example after workers completed their scheduled delivery rounds early. Earlier, the term old Spanish customs was used in 1986 in reference to long-lasting industrial action in Fleet Street
, traditionally the home of the UK’s newspaper industry, for example the Wapping dispute
.
, but remains in common use in the media when labour disputes occur.
According to BBC Radio 4
presenter Nigel Rees
, the terms have been used since the 1970s to describe malpractices among the trades unions, especially the print unions in Fleet Street
. Speaking on Radio 4’s Broadcasting House
current affairs programme on Sunday 7 October 2007, Rees said: “As one knows, Spanish people are very hard-working, upright people. But I suppose one or two of them may tend to take the 'mañana' attitude.”
Citing the origin of the terms, Rees said usage goes back to the Elizabethan era
. William Cecil, 1st Baron Burghley
, described Sir Thomas Tresham II
as being “not given to Spanish practices”, meaning Roman Catholic practices, which at the time were censured in England. In 1584 another secretary of Queen Elizabeth I, Francis Walsingham
, referred to Spanish practices in a way that meant they were "deceitful, perfidious and treacherous”. This may well help to give the current meaning of the term.
Since the days of strong unions in the 1960s and 1970s through the Thatcherite reforms of the 1980s Spanish practices have been increasingly removed from the workplace.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
expressions that refer to irregular or restrictive practices in workers' interests. Typically, these are arrangements that have been negotiated in the past between employers and unions.
The issue arises because, in United Kingdom law, a contract of employment consists of both expressed and implied terms. Implied terms can arise through "custom and practice". Historically, alteration of these terms has been by negotiation and collective bargaining
Collective bargaining
Collective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions...
.
- For example, if it has been the habit to release staff when the day's work is done (such as, today's newspaper is printed), then that becomes the de facto contract of employment. If some workers are required to stay on to do additional tasks, then it may be more convenient to pay these workers to do so (since otherwise they are not being treated equitably and/or have no incentive to do so). Over many years of incremental negotiation, the original rationale may be lost and a point reached where all workers are being paid a supplement merely to complete a normal shift. With the benefit of hindsight, such an arrangement might be described as a "Spanish practice".
The expression was widely used in reporting the strikes
2007 Royal Mail industrial disputes
The 2007 Royal Mail industrial disputes were a series of industrial disputes between Royal Mail and the Communication Workers Union in the United Kingdom.-Background:...
at Royal Mail
Royal Mail
Royal Mail is the government-owned postal service in the United Kingdom. Royal Mail Holdings plc owns Royal Mail Group Limited, which in turn operates the brands Royal Mail and Parcelforce Worldwide...
, the UK’s national postal service, which started in October 2007, after the term was used in an interview by Royal Mail Chief Executive Adam Crozier
Adam Crozier
Adam Crozier is a Scottish businessman, and the current chief executive officer of media company ITV plc, operator of the television channel ITV in England and Wales...
. Crozier described as "cobblers" claims by the Communication Workers Union (UK)
Communication Workers Union (UK)
The Communication Workers Union is the main trade union in the United Kingdom for people working for telephone, cable, DSL and postal delivery companies, with 215,000 members....
deputy general secretary Dave Ward that the way Royal Mail
Royal Mail
Royal Mail is the government-owned postal service in the United Kingdom. Royal Mail Holdings plc owns Royal Mail Group Limited, which in turn operates the brands Royal Mail and Parcelforce Worldwide...
made its employees work amounted to "slavery". According to Crozier, Royal Mail
Royal Mail
Royal Mail is the government-owned postal service in the United Kingdom. Royal Mail Holdings plc owns Royal Mail Group Limited, which in turn operates the brands Royal Mail and Parcelforce Worldwide...
was "only trying to make people work the hours for which they were paid". He claimed there were 1,442 Spanish practices at Royal Mail
Royal Mail
Royal Mail is the government-owned postal service in the United Kingdom. Royal Mail Holdings plc owns Royal Mail Group Limited, which in turn operates the brands Royal Mail and Parcelforce Worldwide...
a few years ago, and these had now been cut to 92. One example of such practices was paid overtime within normal working hours, for example after workers completed their scheduled delivery rounds early. Earlier, the term old Spanish customs was used in 1986 in reference to long-lasting industrial action in Fleet Street
Fleet Street
Fleet Street is a street in central London, United Kingdom, named after the River Fleet, a stream that now flows underground. It was the home of the British press until the 1980s...
, traditionally the home of the UK’s newspaper industry, for example the Wapping dispute
Wapping dispute
The Wapping dispute was, along with the miners' strike of 1984-5, a significant turning point in the history of the trade union movement and of UK industrial relations...
.
Main types of "Spanish practices"
- Allowing workers to go home before the end of their shift if they have completed their scheduled work.
- Negotiable paid overtime within normal working hours after completing scheduled work, regardless of remaining working hours.
- Automatic overtime pay if production reaches a certain level regardless of remaining working hours.
- No overlap between functions in the same workplace (demarcation).
- Overtime pay to cover absence of colleagues.
Implications and history
The term is viewed by some as pejorative or politically incorrectPolitical correctness
Political correctness is a term which denotes language, ideas, policies, and behavior seen as seeking to minimize social and institutional offense in occupational, gender, racial, cultural, sexual orientation, certain other religions, beliefs or ideologies, disability, and age-related contexts,...
, but remains in common use in the media when labour disputes occur.
According to BBC Radio 4
BBC Radio 4
BBC Radio 4 is a British domestic radio station, operated and owned by the BBC, that broadcasts a wide variety of spoken-word programmes, including news, drama, comedy, science and history. It replaced the BBC Home Service in 1967. The station controller is currently Gwyneth Williams, and the...
presenter Nigel Rees
Nigel Rees
Nigel Rees is an English author and presenter, best known for devising and hosting the Radio 4 long running panel game Quote.....
, the terms have been used since the 1970s to describe malpractices among the trades unions, especially the print unions in Fleet Street
Fleet Street
Fleet Street is a street in central London, United Kingdom, named after the River Fleet, a stream that now flows underground. It was the home of the British press until the 1980s...
. Speaking on Radio 4’s Broadcasting House
Broadcasting House (radio programme)
Broadcasting House is a current affairs programme on BBC Radio 4, presented by Paddy O'Connell. It is broadcast every Sunday between 09:00 and 10:00....
current affairs programme on Sunday 7 October 2007, Rees said: “As one knows, Spanish people are very hard-working, upright people. But I suppose one or two of them may tend to take the 'mañana' attitude.”
Citing the origin of the terms, Rees said usage goes back to the Elizabethan era
Elizabethan era
The Elizabethan era was the epoch in English history of Queen Elizabeth I's reign . Historians often depict it as the golden age in English history...
. William Cecil, 1st Baron Burghley
William Cecil, 1st Baron Burghley
William Cecil, 1st Baron Burghley , KG was an English statesman, the chief advisor of Queen Elizabeth I for most of her reign, twice Secretary of State and Lord High Treasurer from 1572...
, described Sir Thomas Tresham II
Thomas Tresham II
Sir Thomas Tresham was a Catholic recusant politician at the end of the Tudor dynasty and the start of the Stuart dynasty in England....
as being “not given to Spanish practices”, meaning Roman Catholic practices, which at the time were censured in England. In 1584 another secretary of Queen Elizabeth I, Francis Walsingham
Francis Walsingham
Sir Francis Walsingham was Principal Secretary to Elizabeth I of England from 1573 until 1590, and is popularly remembered as her "spymaster". Walsingham is frequently cited as one of the earliest practitioners of modern intelligence methods both for espionage and for domestic security...
, referred to Spanish practices in a way that meant they were "deceitful, perfidious and treacherous”. This may well help to give the current meaning of the term.
Since the days of strong unions in the 1960s and 1970s through the Thatcherite reforms of the 1980s Spanish practices have been increasingly removed from the workplace.