Day 208 - 24 Jan 96 - Page 29


     
     1        minimum break is according to the length of hours of your
     2        shift, if your shift covers the hours 11.00 to 2.30, you
     3        are entitled to a break of at least 45 minutes.  Is what
     4        you are saying, well, you are entitled to it, but you have
     5        no need to take it?
     6        A.  Yes.  You do not have to, because nobody is going to
     7        send you back to have the rest of your break.
     8
     9   MR. MORRIS:  I cannot remember when the changeover came to
    10        unpaid breaks.  Did you used to work at the Company when
    11        there were paid breaks?
    12        A.  The Floor Managers used to receive paid breaks, but
    13        I do not think it has ever happened with the crew, not that
    14        I am aware of in the time that I have been there.
    15
    16   Q.   You said the crew room is a bit boring, that you do not
    17        really want to hang about there.  You can go out there, can
    18        you not?
    19        A.  Yes, you can do.
    20
    21   Q.   If you have a nice long break, you can go out and do
    22        whatever you like, can you not?
    23        A.  You could do, yes.
    24
    25   Q.   But you would not be paid?
    26        A.  No.
    27
    28   MR. JUSTICE BELL:  When we do get to the bottom of what the law
    29        is -- it is a point which has really, I am afraid, only
    30        just occurred to me -- it may be necessary to distinguish
    31        where there must be a break, as opposed to where you are
    32        entitled to a break, because they may be quite separate
    33        things so far as the law is concerned.  Do you see the
    34        distinction I am getting at?
    35
    36   MR. MORRIS:  Yes.
    37
    38   MR. JUSTICE BELL:  When you look at the 45 minute break point,
    39        for instance, for people who are working a shift which
    40        covers 11.30 to 2.30, it will be important to look at the
    41        wording of the regulations and see whether it says you are
    42        entitled to a 45 minute break, the employee is entitled to
    43        it, or that the employer must ensure that the employee
    44        takes a 45 minute break.  It will not be in wording which
    45        is as sloppy as that, but you will have to look at the
    46        wording.
    47
    48        It may be important here, because Mr. Rampton may argue to
    49        the contrary, but you may be able to say that there is a
    50        very clear picture that breaks during the busy lunchtime 
    51        period are avoided if they possibly can be altogether, or 
    52        as much as they can be. 
    53
    54   MR. MORRIS:  Well, common sense will tell me that people will
    55        want as much breaks as they possibly can.  But if they are
    56        not being paid for them, that is another matter.
    57
    58   MR. JUSTICE BELL:  That is not the point I am on.  It is, if you
    59        are saying illegality, if you are saying that not only are
    60        McDonald's prepared to do what you would argue to be

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