Day 168 - 03 Oct 95 - Page 32


     
     1        yes.
     2
     3   Q.   Right.
     4        A.  And assuming that there was something written or there
     5        was nothing written in the Manager's diary.
     6
     7   Q.   You have said it would be very rare for someone to miss
     8        their break entirely?
     9        A.  Yes.
    10
    11   Q.   So, in your recollection, how many times would that happen,
    12        say, each month?
    13        A.  There may be a Saturday, for instance, where it was
    14        exceptionally busy where someone might miss their break
    15        entirely, but it would be very rare.  It would happen ---
    16
    17   Q.   Once a month or something?
    18        A.  -- maybe once a month and that would be maybe one or
    19        two people.  It would not be an entire collection of
    20        people.
    21
    22   Q.   Has any Manager ever been disciplined for allowing people
    23        to work without a break in defiance of Company policy?
    24        A.  No, not to my knowledge.
    25
    26   Q.   You have said that when it happened that was likely to be a
    27        Saturday -- Saturdays were very, very busy at the store?
    28        A.  That is correct.
    29
    30   Q.   Was the preference to have the breaks on Saturday then
    31        before it got busy rather than not at all?
    32        A.  There is not really a time on Saturday when it is not
    33        busy, to be honest, from about 10 o'clock onwards, but you
    34        would try to get the breaks out of the way, say, between
    35        9 o'clock and half past 12 and again between about
    36        2 o'clock onwards.  So you would try not to have anybody on
    37        a break between about half past 12 and 2.00.
    38
    39   MR. MORRIS:  May that be a good time to break?
    40
    41   MR. JUSTICE BELL:  Yes.  At a cursory look -- I suggest you make
    42        a note -- I think the paragraphs in Phipson on Evidence
    43        which deal with evidence in rebuttal, including evidence
    44        which goes to impeach the credit of a witness by calling
    45        witnesses to contradict him as to matters of credit starts
    46        at paragraph 12-30 and goes on to 12-38.  There may well be
    47        other parts but at first glance I think that is the part.
    48        If you need to borrow my Phipson at any stage to look at
    49        it, ask Mr. Riley to lend it to you.  We will resume at
    50        2 o'clock. 
    51 
    52                        (Luncheon Adjournment) 
    53
    54   MR. MORRIS:  Would it be true to say that Saturday 12.00 to
    55        4 p.m. are the busiest four hours of the week at the Bath
    56        store?
    57        A.  Saturday 12.00 to 2.00 is the busiest two hours of the
    58        week.  2.00 until 4.00 are not quite as busy.  2.00 to 4.00
    59        are about as busy as your average lunch-time than 12.00 to
    60        2.00.

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