Day 181 - 01 Nov 95 - Page 14


     
     1        may close off season for a few weeks.
     2
     3   MR. MORRIS:  If we concentrate on McDonald's, how it relates
     4        to -----
     5        A.  I am explaining why it is there.  It is to protect
     6        employees; it is to protect employees against peaks and
     7        troughs of work, whether it is seasonal or, in the case of
     8        McDonald's, whether it is to do with work scheduling.
     9
    10   Q.   What does it effectively mean for a McDonald's worker who
    11        normally works between 35 and 39 hours a week, but some
    12        weeks may only work 25 hours, or something, or may be
    13        scheduled for that?
    14        A.  It means that after three months' service such
    15        employees should receive a guarantee of 36 times the
    16        statutory minimum rate, even -----
    17
    18   Q.   For however many hours they worked that week?
    19        A. However many hours; and I must stress it applies only to
    20        full-timers.  But once it is there, it is there, and it is
    21        in Statute.
    22
    23   Q.   Would that apply from 1986 onwards, or was that before
    24        1986?
    25        A.  This goes back to the origins of wages councils, this
    26        provision.
    27
    28   MR. MORRIS:  I do not think we have any further questions.
    29        There may be one final question.
    30
    31   MS. STEEL:  It just occurred to me during that last question
    32        that at some stage earlier on in the case there was a bit
    33        of argument about the differences between the rights that
    34        full-time and part-time workers have, and whether or not
    35        Mr. Pearson could briefly explain the differences in rights
    36        that full-time and part-time workers have.
    37
    38   MR. JUSTICE BELL:  There was one right which a full-time worker
    39        would have which a part-time worker would not have, and
    40        that was under employment protection legislation.
    41
    42   THE WITNESS:   Yes.  If we are referring to the mid-80s, then we
    43        are talking about employment protection legislation, the
    44        eight hour threshold, the 16 hour threshold, of course, for
    45        full-time.
    46
    47   Q.   What is the eight hour threshold?
    48        A.  The statutory definition, the EPCA (Employment
    49        Protection Consolidation Act) definition of "part-time"
    50        runs between eight and 15 hours' work a week, for which 
    51        employees have to work five years before they gain 
    52        protection against unfair dismissal. 
    53
    54   Q.   Right.  16 and over is two years?
    55        A.  Two years, my Lord, yes.
    56
    57   Q.   Or was then?
    58        A.  It was then.
    59
    60   Q.   So that is one.

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