Day 181 - 01 Nov 95 - Page 13
1 practice -- which of course, effectively, is a contractual
2 issue -- but unwritten custom and practice, particularly in
3 catering, is that it is hot, it is tiring, and a quick
4 refreshment whilst on duty, whilst working -- you know, not
5 abused -- but a quick refreshment, would be customary.
6
7 Q. Would that be up to the employee or to the Manager to
8 decide?
9 A. It would typically be, in the end, laid down by
10 management, of course.
11
12 Q. It may be a daft question, but if you are working five
13 hours nonstop in a kitchen environment without a meal
14 break, how many drinks breaks would you think would be
15 reasonable?
16
17 MR. JUSTICE BELL: Quite frankly, I do not think that is
18 necessary. I do not think Mr. Pearson can help me on that.
19 You have got to allow, you know, for -- I have got some
20 experience of the world. I have to use my own judgment.
21
22 MR. MORRIS: The final question I have to ask -- I think it is
23 our final question -- it has been said that there are no
24 guaranteed hours at McDonald's; nobody knows from one week
25 to the next how many hours they are going to get, whether
26 they are full-timers or part-timers, but particularly in
27 the case of people that are elected to be full-timers. Do
28 you have any comment about that?
29 A. Yes, I do. I have never really understood how that
30 employment condition sits with page 643 of the
31 Wages Council document concerning guaranteed payments.
32
33 Q. Can you explain, because I -----
34
35 MR. JUSTICE BELL: No. Let me just find it, first of all. Let
36 me read that part. (Pause) Yes?
37 A. The definition of "full-time" in this context is given
38 on page 631: "A full-time worker for the purposes of
39 paragraph 12 means a worker who normally works 36 hours a
40 week." The reason -----
41
42 MR. MORRIS: Mr. Pearson -----
43
44 MR. JUSTICE BELL: Just wait a minute. You are much more
45 familiar with these than I am. (Pause) Yes?
46
47 MR. MORRIS: Can I say, I think McDonald's have said that if
48 someone signs up as a full-time worker, that would normally
49 mean between 35 and 39 hours a week?
50 A. I am talking -- I have been asked about the 39 hour
51 week issue. What I am saying is, the Wages Council
52 provides for a guaranteed payment under three conditions:
53 the full-time worker does 36 hours a week; they must have
54 done three months' service to qualify [paragraph 3, 12(3)];
55 thirdly, flexibility [paragraph ii(a)], the flexibility
56 that if your usual option is not available, you do
57 something else. Why is this here? It recognises the
58 seasonality of the catering industry. It covers not
59 part-timers, but full-time workers for whom there may be
60 peaks and troughs of available work. So, a seaside cafe
