Day 118 - 01 May 95 - Page 22


     
     1
     2   Q.   That is hearsay.  We are asking if you have an agreement.
     3
     4   MR. RAMPTON:  My Lord, that is not right.
     5
     6   MR. JUSTICE BELL:  Well by that token an agreement would be
     7        hearsay as well.
     8
     9   MR. MORRIS:  I would ask to see a copy of the agreement, if
    10        there was to be one.
    11
    12   MR. RAMPTON:  Mr. Morris does not understand the position.
    13
    14   MR. JUSTICE BELL:  What is being said, Mr. Morris, is it is not
    15        a question of an agreement at all, but what is being said,
    16        rightly or wrongly, he is saying the wages inspectors said
    17        he was not breaking the law; that it was all right to do it
    18        this way.  That is not an agreement.  Whether Mr. Nicholson
    19        is right or wrong it is not an agreement that they can act
    20        contrary to the law.  He is suggesting they were accepted
    21        McDonald's were acting in accordance with the law.  You
    22        join issue with that but that the way he has put it.
    23
    24   MR. MORRIS:  You say it is down to the managers to ensure that
    25        they are complying with the law on this issue; is that
    26        correct?
    27        A.  It is down to the managers to ensure they do not
    28        infringe the Wages Council order.
    29
    30   Q.   This is quite, would you agree, quite a complicated issue
    31        in terms of calculating exactly whether an individual is
    32        not getting exactly enough that would equal the overtime if
    33        it were paid when they are working over 39 hours?
    34        A.  Yes, I would say the Human Resources officers and the
    35        supervisory staff in the restaurants are quite used to
    36        doing that calculation and do it regularly.
    37
    38   Q.   If they did it wrongly, or neglected to do it, they would
    39        be infringing the Wage Council regulations would they not?
    40        A.  If whom neglected to do it?
    41
    42   Q.   Say the management in the store neglected to do what you
    43        claim they do if they neglected to do it at all or they did
    44        it incorrectly, they would effectively be infringing the
    45        regulations, would they not?
    46        A.  Not necessarily.  It depends upon the degree of the
    47        error, but I would anticipate that the supervisory staff
    48        would pick that up and adjustments would immediately be
    49        made.
    50 
    51   Q.   How would they do that? 
    52 
    53   MR. JUSTICE BELL:  That would have to look at every calculation
    54        in respect of every employee to do that?
    55        A.  Yes, I think what they do would my Lord is when they
    56        get that analysis report they have a look at the people who
    57        worked, you know, a good few hours more than the 39 hours
    58        and they would highlight that individual's pay record to
    59        see that he had been, he or she had been paid to meet the
    60        requirements of the Wages Council order.

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