Day 121 - 04 May 95 - Page 15
1 does not happen, but I have never heard of double shift
2 working. That would suggest that someone is, perhaps,
3 working 16 hours a day. They would be unproductive for the
4 last seven hours. They would be exhausted. So, I would
5 have thought -- and I have not heard of double shift
6 working until you have mentioned it.
7
8 Q. If we look at paragraph 34 of Mark Davis's statement, page
9 13, paragraph 34, second sentence, it is true to say -----
10 A. Yes, I see that. If he says it happened in his
11 restaurant, then I will take that as read, but I would have
12 thought -- I am not an Operational person and I would like
13 to hear this question put to Mr. Paul Preston -- that that
14 person would be unproductive for a large part of that time
15 or, put it another way, you would not get as good a return
16 of work from him for the last eight hours as you would from
17 a second person.
18
19 Q. Right. People have to stay on, do they not, until they
20 have completed their close? They cannot just say: "Right,
21 I am scheduled to 12.00, I have to go"?
22 A. No. What will happen -- I mean, the Manager knows he
23 has to do his close and he knows his close could take an
24 hour, two hours, depending upon the state of the store, so
25 he will schedule sufficient people to take him up to
26 midnight, that is, the one hour after the restaurant is
27 closed -- normal restaurants; there are some restaurants
28 work later.
29
30 Then he would make allowances for suitably qualified
31 people, in other words, those 21 or over to finish the
32 close, and they would be paid for the hours they worked.
33 But all the staff who are doing 4.00 to close would not
34 necessarily stop on until the restaurant was actually shut
35 for the night. There would be a minimum staff kept on to
36 do that, the number of staff necessary to get the store
37 cleaned up and ready for the opening shift the next
38 morning.
39
40 Q. But if they had been scheduled to 12.00 and they had not
41 finished cleaning up and, say, they had arranged to meet
42 someone or they are exhausted, or whatever, the Manager has
43 the right to say: "I am sorry, you cannot go home; you
44 have got to stay until we have done this work"?
45 A. He would have, but I would expect that a reasonable
46 Running Shift Manager would try to get those away at
47 midnight who wanted to get away, who had reasons for
48 getting away, and keep those on who wished to work overtime
49 or wished to work later or until the early hours of the
50 morning.
51
52 MR. JUSTICE BELL: It is a two-way thing, is it not?
53 A. Yes.
54
55 Q. You would expect the Manager to be reasonable; you would
56 expect the Crew Manager to say to his Manager: "I may have
57 a problem tonight. I do not want to stay beyond such and
58 such", and you would hope one could accommodate -----
59 A. That is right. That is what I would expect, my Lord.
60 There may very well be the very odd occasion when a Manager
