Day 133 - 12 Jun 95 - Page 58
1 therefore, they have a period of time which they are kept
2 on the books so they do not lose their accrued performance
3 pay automatically, so they have the right to keep that pay,
4 yes, an automatic right to keep that pay should they come
5 back within six weeks, yes?
6 A. No. The way it works is if someone is taking some time
7 off that is one thing. If they are leaving that is a
8 different thing. So there are two distinct scenarios
9 combining.
10
11 MR. JUSTICE BELL: They are not necessarily the same thing, are
12 they? You might say "I am definitely going"?
13 A. Yes.
14
15 Q. Then you would remain on the books for six weeks. Is that
16 possible?
17 A. No. If you said you were definitely leaving then your
18 employment would be ended as at the date at which you
19 left. The period of six weeks, the rates whereby that is
20 the period of time that someone could still be current and
21 not be working if they have pre-agreed that, that is if
22 they will not actually be leaving, whereas these are two
23 different things: one is when someone is leaving and one is
24 when somebody takes time off. In most cases the guideline
25 is six weeks someone could be off not working.
26
27 Q. If you come back within the six weeks it does not
28 necessarily mean you can start at your old rate of pay any
29 more, as I understand it, than if you come back after six
30 weeks. It means that you cannot start at your own rate of
31 pay. It is a matter, you say, for the manager to decide in
32 all the circumstances. Have I misunderstood you?
33 A. That is true, but if you remain on the payroll for this
34 six-week period, yes, you would be entitled ----
35
36 Q. If you remain on the payroll because you had not said "I am
37 definitely going" and you came back within the six weeks,
38 then you would start at your old rate, you are saying?
39 A. That is right. If I could explain, the six weeks is a
40 period of absence. It is not to do with people leaving, if
41 that helps. That is a period of time for things like study
42 leave and holidays. It is distinct from the arrangements
43 that would be made by someone who was actually terminating
44 their employment. So if they were off for six weeks, then
45 they would remain current on the payroll and they would
46 automatically resume on the same rate. If they left and
47 then came back at six or seven weeks, that is when, as you
48 say, all the other factors are taken into account as to
49 what rate they would restart and so on. Does that help?
50
51 MR. MORRIS: It seems to me that for many people, we have looked
52 at the average scheduling time, something around 20 hours,
53 a substantial amount are working under 20 hours a week?
54 A. Yes.
55
56 Q. We have seen that from the figures. What percentage of
57 people -- people do not come in every week, do they,
58 anyway?
59 A. Some people do not work every week, no, that is right.
60 I do not know what the figures are.
