Day 154 - 13 Jul 95 - Page 41


     
     1
     2   MR. MORRIS:  Yes.
     3
     4   MR. JUSTICE BELL:  We had all the evidence, on which you may
     5        want to address me in due course, about the wages
     6        inspectors and whether they accepted that provided you were
     7        paid above what the minimum would come to if time and a
     8        half or whatever was paid, whether it was lawful or not.
     9        But I do not think we have ever got to the stage where you
    10        can ask the witness to assume that it was unlawful not to
    11        pay time and a half, or whatever, if one went over the
    12        39 hour week.
    13
    14   MR. MORRIS:  I know that Mr. Rampton was going to bring up some
    15        Wage Council's matters.
    16
    17   MR. JUSTICE BELL:  Maybe.
    18
    19   MR. MORRIS:  They have not come to light.
    20
    21   MR. JUSTICE BELL:  All I am suggesting is that you cannot
    22        confidently put to Mr. Davis, unless he says he knows the
    23        legal situation, that it was illegal not to pay time and a
    24        half or whatever after 39 hours.
    25
    26   MR. MORRIS:  As it is a legal matter, can we ask if Mr. Rampton
    27        knows, in his investigation, what the situation was.
    28
    29   MR. RAMPTON:  No, my Lord, he does not.  He has left that to the
    30        wizards of Barlow's, who are doing it now.
    31
    32   MS. STEEL:  Did you ever receive any instruction on what to do
    33        with regards to the pay of crew members working over
    34        39 hours a week?
    35        A.  No.
    36
    37   Q.   You did not?
    38        A.  We just paid them as per normal.
    39
    40   Q.   You paid them the normal rates?
    41        A.  Yes.
    42
    43   Q.   We have discussed previously about the fact that you accept
    44        that crew members could be working approximately 50 hours a
    45        week during the school holidays.
    46        A.  Exceptionally, yes.
    47
    48   Q.   Why would they be working those hours, and was there not
    49        some kind of investigation into that?
    50        A.  Yes, there would have been.  Probably, the odd time 
    51        where it may occur would be during a half term when you did 
    52        not have the college students coming back, so all the 
    53        school children were on holiday, so you had extra business;
    54        and that is really the only time I would envisage it may
    55        have happened.  This may have meant that we would have to
    56        adjust our crew levels to ensure that it did not happen the
    57        next half term.
    58
    59   Q.   Well, it sounds in your statement like it is rather more
    60        than just one half term when it occurred.  It is on page 10

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