Day 207 - 23 Jan 96 - Page 25


     
     1        20 past one in the night; so he worked from 17.56 to 1.20
     2        in the morning without a break.
     3
     4   MR. JUSTICE BELL:  Just pause a moment.  What I suggest you do
     5        is just give me the names and I can underline the rest; and
     6        if there is someone like Mr. Gore where you say one has to
     7        look at another page to see the end of his shift, then give
     8        me that reference as well.
     9
    10   MS. STEEL:   OK.  The next one I have got is Emma Stanghon,
    11        which is four up from the bottom on the same page; then
    12        Stephen Bell; then Andrea Bough; then on the next page,
    13        Steve Young, which is not an illegal one, but he starts his
    14        break only four minutes after he starts work;
    15        Louise Selman, who does not get a break at all; Tara Messa;
    16        Howard Radcliffe, who goes on his break immediately he
    17        starts work; Lisa Oton; Neville Wilkinson; Eva McBride;
    18        then the last one on the page, Robert Green; then on
    19        page 313, Nicholas Swift -- well, all the first four, Emily
    20        Nutin, George Campbell-Collins and Simon Pondsford.
    21
    22   MR. MORRIS:  Can I just add, as we doing this, going back to
    23        page 311, the seventh name down, Christopher Stanford,
    24        under 45 minutes; Joseanne Stapeley, the same, Amanda New,
    25        the same; Jason Dixon, the same.  On the other page, five
    26        up from the bottom, Richard Stunt only got a 24 minute
    27        break; Samantha Screeton only got a 21 minute break; Sheena
    28        Newland -----
    29
    30   MR. JUSTICE BELL:  Wait a minute.
    31
    32   MR. MORRIS:  Samantha Screeton, her break is in the middle
    33        column there, because she had done a close the night before
    34        and came in again at midday.  Sheena Newland is the same.
    35
    36   MR. JUSTICE BELL:  I see.  It is 16.10 to 16.33.
    37
    38   MR. MORRIS:  Yes; and Sheena Newland got a 28 minute break.
    39        Those are the ones I have seen, really, at a glance.
    40
    41   MR. RAMPTON:  My Lord, can I say something now?  It may help.  I
    42        am not at all sure that the Defendants are right to assume
    43        that the 45 minute break, which may have been incurred by
    44        working between 11.30 and 2.30, must be given between those
    45        hours, as a matter of law.  They seem to have made that
    46        assumption -- something which I believe they are wrong
    47        about.  I am not in a position to say so at the moment.
    48        But before they go on putting it to the witness repeatedly
    49        that what happened was illegal, they ought to be more sure
    50        of their ground. 
    51 
    52   MR. JUSTICE BELL:  We can clear that up. 
    53
    54   MS. STEEL:   It was in McDonald's own document.
    55
    56   MR. RAMPTON:  I am reading from McDonald's own document now,
    57        my Lord.  It is page 263 of volume 11.  This is the Crew
    58        Handbook for 1992:  "Shifts including the hours of 11.30 to
    59        2.30 p.m.:  If your shift includes the entire period 11.30
    60        to 2.30, you will automatically be entitled to a break of

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