Day 209 - 25 Jan 96 - Page 62
1 whatever because, knowing what the criteria are, whoever
2 checks it through for McDonald's should be able to see
3 where you are alleging something has gone wrong. If you
4 hand a copy of that over to Mrs. Brinley-Codd, you are in
5 that way giving some notice of what your allegation is with
6 regard to it.
7
8 MR. RAMPTON: My Lord, it would help me if I made a note of what
9 Mr. Morris first said, and I have been doing -- this is new
10 to me of course -- and I have been doing the exercise now,
11 and what I have been doing does not even begin to match up
12 with what he has said. It may be he has been using
13 different criteria from what I have been using. There are
14 three possibilities, according to page 169.
15
16 MR. JUSTICE BELL: Yes.
17
18 MR. RAMPTON: There is the six hour question, so that perhaps
19 prompts a code (A), (B), (C) and (D). Beside the cross, I
20 would invite Mr. Morris to write, if it be his case, (A),
21 (B) (C) and/or (D), when he has done the exercise.
22
23 MR. JUSTICE BELL: What is the (D)?
24
25 MR. RAMPTON: The (D) would be -- it is the six hour one.
26 Sorry, that is (C). It is only (C); it is three, it is
27 (A), (B) and (C).
28
29 MR. JUSTICE BELL: Let me just look again.
30
31 MR. RAMPTON: I think it is three.
32
33 MR. JUSTICE BELL: (A) is the three-quarters of an hour for
34 dinner between 11.30 and 2.30.
35
36 MR. MORRIS: I did not check those at all.
37
38 MR. JUSTICE BELL: (B) is ditto, but half an hour for tea.
39
40 MR. MORRIS: I did not check those either.
41
42 MR. RAMPTON: And (C) is six hours within 20 minutes,
43 somewhere.
44
45 MR. MORRIS: What I checked is the columns that the auditor was
46 checking, which was any examples of no break, any examples
47 of someone working six hours without a break, anyone
48 working a shift over four hours but they did not get
49 45 minutes break (insufficient break, i.e., according to
50 McDonald's rules), and anyone who did not get two breaks in
51 a period of more than 10 hours, which is in the Crew
52 Handbook, that they should get 45 minutes and 20 minutes;
53 that is their entitlement.
54
55 MR. RAMPTON: That is my letter (D).
56
57 MR. JUSTICE BELL: What I suggest, it would be helpful if --
58 obviously put a mark against the line you are looking at,
59 the name you are looking at, and then put some clear code,
60 be it (A), (B), (C), or "no (B)", or "over six" or "insuff
