Day 152 - 11 Jul 95 - Page 37


     
     1        I, as the Restaurant Manager, would check that they were
     2        not actually scheduled anything other than hours within the
     3        legislation.  Secondly, the clock cards were totalled up
     4        each night which were there for everybody to see in the
     5        raft(?) throughout the week.  So I checked them.  Also
     6        there was a payroll summary at the end of the week --
     7        sorry, that used to come back with the payroll whereby
     8        everybody's number of hours worked and pay rates were
     9        actually detailed person by person.
    10
    11   Q.   You could tell from that what hours people had worked, I
    12        mean which hours of the day people had worked?
    13        A.  Yes, it was detailed into regular, evening and premium
    14        rates.  Say, for instance, if there was any premium rate
    15        paid to an under 18 female, then that was obviously a
    16        contravention of the legislation and, to my knowledge, I do
    17        not remember recall it ever happening.
    18
    19   Q.   One of the allegations which most of these Colchester
    20        witnesses that the Defendants say they intend to call make
    21        is that this has got round by fiddling the clock cards,
    22        clocking the young person off at the proper hour -- it
    23        might be 10 o'clock if it is a girl or 12 if it is a boy --
    24        and then working them on passed that time, either fiddling
    25        the clock card at the other end to compensate the hours or
    26        else pay them some kind of bonus.  Did that happen while
    27        you were there?
    28        A.  It never happened while I was there.
    29
    30   Q.   While you were going home on the train last night,
    31        Mr. Davis, I think you drew on a piece of paper for us a
    32        specimen of the kind of weekly crew schedule that you have
    33        just been talking about; is that right?
    34        A.  That is right, yes.
    35
    36   MR. RAMPTON:  My Lord, this is not a McDonald's document.  This
    37        is part of his evidence.
    38
    39   MR. JUSTICE BELL:  Can you just pause a moment?  Let it be
    40        handed around and we can all look at it. (Handed).
    41
    42   MR. RAMPTON:  Is that the document you made last night on the
    43        train?
    44        A.  That is right, yes.
    45
    46   Q.   Can you explain what it is?  It says "Weekly Crew
    47        Schedule".
    48        A.  OK.  It is a very rough summary of what was actually
    49        put on to the weekly crew schedule.  On the left-hand side
    50        the people who worked were divided into full-time over 18, 
    51        full-time under 18, part-time over 18, full-time under 18; 
    52        then the names of the specific crew members would be 
    53        slotted into those particular areas.  Then there was a
    54        second column which is whether they were male or female.
    55        Then you would write an M or an F next to the specific name
    56        of the person according to whether they were male or
    57        female.
    58
    59   Q.   Do we see your example K. Bloggs at the bottom of the page?
    60        A.  Yes.

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