Day 303 - 19 Nov 96 - Page 17
1
2 MR. MORRIS: Right. The next document I can hand over, it does
3 not need to be gone through in detail but people could look
4 at it in their leisure. (Handed). I was not sure where it
5 was in the bundles but apparently it is in pink volume 15,
6 tab 95, towards the back of that bundle, which is pages
7 1,511 C to L, which was the documentation relating to Craig
8 Donaghy from Doncaster. We did not call him but it is
9 McDonald's own documentation of clock card computer
10 printout clock card files, and if you look -- I have gone
11 through it -- this is the only other clock card files
12 I think we have seen in this case apart from Bath.
13
14 We got some from Heathrow, did we? Anyway, last night
15 I actually looked at this for the first time because I
16 remember when I originally checked them I only checked for
17 the illegal employment of young people after ten and 12
18 o'clock, which if I remember rightly creased to apply in
19 1990. I am very confused about what years and when the
20 laws applied at which times. But in any case I went back
21 to look at them last night about one o'clock in the morning
22 and went through it, and I was surprised, of course, to
23 find -- no, I was not surprised but I was unsurprised to
24 find massive breaches of McDonald's policy and the law as
25 regards breaks on every page.
26
27 I can explain on the first page how I have done it so
28 people can check it in their own time. The first one
29 identified Sarah Langford. She started her break only 21
30 minutes after she started work. That is a point we are
31 making about breaks being scheduled not in the middle of
32 people's working time but at the beginning or end of their
33 working time. That is not law, but that is something we
34 have said in the case is a feature of McDonald's. Then she
35 only had a break of 42 minutes, which is less than the
36 statutory provision of 45. Then she worked more than six
37 hours with no break at all.
38
39 MR. JUSTICE BELL: That is the 17 is it?
40
41 MR. MORRIS: 17, 59 yes. She then worked over six hours without
42 a break at all, and she worked between the period of 11.30
43 and 2.30 without getting any break, any of her break in
44 that time, which is another statutory provision as far as
45 we are concerned.
46
47 MR. JUSTICE BELL: I am not sure whether that was, but you may
48 have other points to make about it because may be a special
49 provision with regard to the kind of work McDonald's are
50 doing.
51
52 MR. MORRIS: Kitchen work, yes. Of course it is significant,
53 anyway, in this case whether or not it is the law because
54 people working at pressure in hot environments should be
55 getting breaks when they most need them, and it also
56 relates of course to the responsibility of undercooking
57 food because people are very stressed out and unable to
58 concentrate, which is the whole purpose of having statutory
59 provision to protect the interests of those employees.
60
