Day 181 - 01 Nov 95 - Page 07


     
     1        I calculated that he or she worked 45 and a half hours that
     2        week; and that Mary Thomas, at the very bottom, worked
     3        51 hours that week.
     4
     5        Assuming that is the case -- and I have done calculations
     6        based on it -- the wage at that time in Outer London (which
     7        I am assuming Orpington falls into) was ú2.17 an hour; the
     8        rate for 7 to 11 p.m. was ú2.43 an hour; the rate for
     9        11 p.m. to 7 a.m., that is all night, was ú2.69.  So, in
    10        effect, the hourly rate was ú2.17, the higher rate was an
    11        extra 26 pence, and the premium rate was an extra
    12        52 pence.
    13
    14        Without going into all the figures, if we could pick one
    15        name fairly immediately as an example, M. Clements, for
    16        example -- which was the second name I mentioned, six down
    17        from the top on the first page -- did not work a single
    18        premium rate hour at all.  Is that correct?  Under
    19        McDonald's -- did not work a single higher rate, did not
    20        work after 7 o'clock or before 7 o'clock in the morning?
    21        A.  That would appear to be correct.
    22
    23   Q.   So, clearly, just on that one alone, we have 46 hours
    24        worked, of which seven would be no overtime paid.  I have
    25        done calculations with the rest, but you can see really
    26        quite -- I will just do one as an example.  If we take
    27        Meritt, which is in the middle of that first page, 4 to
    28        close, 4 to close, 11 to 7, 8 to 4, 4 to close and 10 to 6;
    29        that is 51 hours, which is 12 hours of overtime which
    30        I calculate would be 12 times time and a half, which would
    31        be at least an extra six hours of the basic rate to be owed
    32        to that person.
    33
    34        Now, that is the minimum, because of course, as you say,
    35        the overtime would be time and a half on what hours they
    36        worked.  So if they are working premium hours -- which that
    37        person did some of the time -- it would be greater than
    38        that.  Also, of course, if they work on a rest day, if
    39        someone is working six full days, full shifts, then they
    40        must be at work in some rest time?
    41        A.  Yes.
    42
    43   Q.   So, anyway, even if the absolute minimum, they would be
    44        owed at least six hours on their basic rate of ú2.17?
    45        A.  Yes.
    46
    47   Q.   That would take you something over or around ú13 overtime
    48        owed.  I calculated that they worked 12 hours higher rate
    49        and six hours at premium rate.  12 hours at the higher
    50        rate, which was an extra 26 pence, would have been an extra 
    51        ú3.12, and six hours at the premium rate is also an extra 
    52        ú3.12.  So, effectively, they should have been getting ú13; 
    53        they were, in fact, getting something over ú6.  Because,
    54        obviously, overtime being a time and a half, it is much
    55        greater than the premium rate of only something like 10 or
    56        15 per cent.  Then -----
    57
    58   MR. JUSTICE BELL:  Why are you going through this with
    59        Mr. Pearson?
    60

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