Day 119 - 02 May 95 - Page 29
1 I am wrong, but I thought there had been an admission about
2 two particular employees that were on a time sheet. Am
3 I wrong? Can someone tell me I am wrong, if I am wrong?
4
5 MR. JUSTICE BELL: If you look at the schedule of admissions on
6 pages 3 and 4, it has the Guildford Magistrates
7 conviction, that is November 1982; it has the Slough
8 Magistrates Court, October 1984, it has Luton Magistrates
9 Court in September 1992 and then the Pennsylvanian one.
10 Those are in relation to prosecutions over hours and
11 records.
12
13 MR. MORRIS: Yes. May be it has not been a formal admission but
14 it has been brought up in court about -----
15
16 MR. JUSTICE BELL: Does it matter because Mr. Nicholson is
17 saying he did not know about it? There is only any point
18 in pursuing it with Mr. Nicholson if you suggest he is not
19 being honest in saying that he did not know. Not everyone
20 knows everything. The fact that he does not know about it
21 does not mean to say you cannot establish it happened,
22 nevertheless.
23
24 MR. MORRIS: No, it was actually the Orpington branch. It is
25 paragraph 31 of the Employment Practices Defence pleadings,
26 page 13.
27
28 MR. JUSTICE BELL: Why do you not just put it to Mr. Nicholson
29 and see if that jogs his memory?
30
31 MR. MORRIS: It came up in the case earlier on; there was a time
32 sheet in the Orpington branch at which Mary Thomas, female,
33 under 18, worked after midnight on 27th, 28th and 29th
34 April 1987; two young employees, M. Harrison and
35 E. Southwood were not allowed an 11 hour break between
36 shifts in a 24-hour period; a former employee between
37 28th and 29th October and a latter employee between 30th
38 and 31st October 1987." This came to light as a result,
39 I believe, of a time schedule which we produced at some
40 stage in the case, I cannot remember, earlier on.
41
42 MR. JUSTICE BELL: Why not just put it to Mr. Nicholson because
43 he either knows or he does not know?
44
45 MR. MORRIS (To the witness): Were you aware of that?
46 A. No.
47
48 Q. The point of bringing it up is -- I am 100 per cent
49 convinced that that has been established, but assuming that
50 it is established as a fact and this was at a time when you
51 were in charge of personnel, and if that did not come to
52 light to you, as you said -- what would have been the
53 system for monitoring breaches of employment regulations of
54 young people in stores, McDonald's stores, for the
55 Company? What was the Company's monitoring system and
56 statistical compilation of these kinds of matters?
57 A. The responsibility for ensuring correct compliance with
58 the regulations regarding hours worked rests with the
59 supervisory staff of the store, the store Manager, the
60 supervisory staff at the store and the Field Personnel
