Day 151 - 10 Jul 95 - Page 45


     
     1
     2   Q.   And if it is not possible to avoid it then it happens?
     3        A.  Right but the idea is obviously to avoid it in the
     4        first place even though I think in this case we were
     5        discussing students on Friday coming back and asking for
     6        double shifts.
     7
     8   Q.   So is that your evidence you are going to give, that only
     9        happens to students who are working on Friday?
    10        A.  Sorry, I said, "On Friday I said ...".
    11
    12   Q.   Sorry?
    13        A.  No I would not say it is.  I mean I cannot go into too
    14        much detail.  I think on Friday I gave the example if a
    15        student came to me.
    16
    17   Q.   But it does happen for various different circumstances and
    18        not just for students wanting to do a double shift?
    19        A.  It certainly could.
    20
    21   MR. JUSTICE BELL: Is what you are saying that the rare occasions
    22        which you remember was students on Fridays who wanted to
    23        work double shifts?  Is that what you are saying?
    24        A.  I would say that, sorry "on Friday" being when I gave
    25        my evidence.
    26
    27   Q.   I am sorry, yes?
    28        A.  I think that I said in this example my recollection as
    29        a manager was certainly the predominant occasions were
    30        students.
    31
    32   MR. MORRIS:  Right.  Going down the page, "Young people under
    33        18".  It says that you "were scrupulous at Leicester to
    34        ensure young people did not work pass the legal time
    35        limits".  Then you say: "When I was area supervisor for
    36        Clacton and Colchester this is one of the things
    37        I regularly checked on my 2 or 3 weekly visits to the
    38        restaurants".  Are you prepared to say categorically it
    39        never happened at Clacton or Colchester that young people
    40        worked past the legal time?
    41        A.  I do not recall it happening, no.
    42
    43   Q.   You do not recall?
    44        A.  No.
    45
    46   Q.   Are you prepared to say it therefore never happened?
    47        A.  As I think when I answered the same question to do with
    48        39 hours, my belief is that had it been a problem I would
    49        have recalled it being a problem and taken action, but I do
    50        not recall there being any problem in Colchester nor 
    51        Clacton with over 18 or under 18 violations. 
    52 
    53   Q.   So, if it had happened, is it possible that it is one of
    54        the things which may not have come to your attention or
    55        what?
    56        A.  I do not recollect it being a problem.
    57
    58   Q.   I understand you saying it is not a problem, but are you
    59        prepared to say it never happened?
    60        A.  I do not recall having a problem, it being brought to

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