Day 209 - 25 Jan 96 - Page 60
1 midnight -- it is not there -- it shows a different date,.
2
3 Q. Well -----
4 A. I assume she would have -----
5
6 Q. 319 is actually for 10th August and 325, for instance, is
7 actually for 12th August?
8 A. Yes. What we did not -- because we were not sure --
9 I did the 12th initially.
10
11 Q. Are you saying that you checked these, the clock card
12 files?
13 A. Yes. I checked the 12th initially, and I told
14 Dave Morris that I had found some inconsistencies, and he
15 said, "Well, it might not be the 12th." So we checked the
16 day before and the day after.
17
18 MR. JUSTICE BELL: I do not think we need get trapped on that
19 now.
20
21 MR. MORRIS: Can I just summarise the situation then, and then
22 it can be checked later. Were you happy with what you
23 found? Did it accord with the audit that had been done?
24
25 MR. JUSTICE BELL: No, he said it did not. He said he found
26 lots of insufficient breaks in the three days which he
27 checked.
28
29 MR. MORRIS: Well, if I can just say -- and it can be checked,
30 if Mr. Rampton wants to check it -- I calculated 18 cases
31 of less than 45 minutes entitlement for a break in day --
32 that is on pages 319 to 321. There are also other
33 inconsistencies regarding -- well, breaks being taken
34 early. That is not on that chart. Just go on, just
35 concentrating on the less than 45 minutes on page 322 to
36 324, which is dated the 12.8, although it applies to the
37 previous day, we have 19 cases of people getting less than
38 45 minutes, by my calculation. On pages 325 to 327, which
39 is dated 3.8, but is -----
40
41 MR. JUSTICE BELL: The 3rd?
42 A. The 13th.
43
44 MR. MORRIS: 13th, sorry, but is about the previous day, the
45 12th -- people not getting 45 minutes break, for example,
46 were 15. If that is the day that is most likely to be the
47 day that she is saying everything was fine in that audit,
48 then we can also say that, for example, on page 325, in the
49 middle of the page, Roland Hill worked nearly 12 hours,
50 which would entitle him to two breaks, because apparently,
51 according to the audit form, the legislation -- certainly
52 the Company policy at least -- was to have -- well,
53 actually, no, it is in the Crew Handbook that if you work
54 over 10 hours you must have two breaks, one of 45 minutes
55 and one of 20 minutes, and that one only had, he had worked
56 12 hours with only a 15 minute break, Roland Hill. The one
57 underneath it, Christopher Cox -- who is a witness in the
58 case; in fact, he is in the room -- he did not get two
59 breaks, but he worked from 16.09 to 2.17 in the morning,
60 which is more than a ten hour shift.
