Day 181 - 01 Nov 95 - Page 14
1 may close off season for a few weeks.
2
3 MR. MORRIS: If we concentrate on McDonald's, how it relates
4 to -----
5 A. I am explaining why it is there. It is to protect
6 employees; it is to protect employees against peaks and
7 troughs of work, whether it is seasonal or, in the case of
8 McDonald's, whether it is to do with work scheduling.
9
10 Q. What does it effectively mean for a McDonald's worker who
11 normally works between 35 and 39 hours a week, but some
12 weeks may only work 25 hours, or something, or may be
13 scheduled for that?
14 A. It means that after three months' service such
15 employees should receive a guarantee of 36 times the
16 statutory minimum rate, even -----
17
18 Q. For however many hours they worked that week?
19 A. However many hours; and I must stress it applies only to
20 full-timers. But once it is there, it is there, and it is
21 in Statute.
22
23 Q. Would that apply from 1986 onwards, or was that before
24 1986?
25 A. This goes back to the origins of wages councils, this
26 provision.
27
28 MR. MORRIS: I do not think we have any further questions.
29 There may be one final question.
30
31 MS. STEEL: It just occurred to me during that last question
32 that at some stage earlier on in the case there was a bit
33 of argument about the differences between the rights that
34 full-time and part-time workers have, and whether or not
35 Mr. Pearson could briefly explain the differences in rights
36 that full-time and part-time workers have.
37
38 MR. JUSTICE BELL: There was one right which a full-time worker
39 would have which a part-time worker would not have, and
40 that was under employment protection legislation.
41
42 THE WITNESS: Yes. If we are referring to the mid-80s, then we
43 are talking about employment protection legislation, the
44 eight hour threshold, the 16 hour threshold, of course, for
45 full-time.
46
47 Q. What is the eight hour threshold?
48 A. The statutory definition, the EPCA (Employment
49 Protection Consolidation Act) definition of "part-time"
50 runs between eight and 15 hours' work a week, for which
51 employees have to work five years before they gain
52 protection against unfair dismissal.
53
54 Q. Right. 16 and over is two years?
55 A. Two years, my Lord, yes.
56
57 Q. Or was then?
58 A. It was then.
59
60 Q. So that is one.
