Day 118 - 01 May 95 - Page 47
1
2 MR. RAMPTON: Meanwhile, my Lord, I observe in his fifth
3 affidavit, paragraph whatever it is, Mr. Nicholson swore
4 that the computerised system came in in, I think, 1987 or
5 1988.
6
7 THE WITNESS: Earlier than I thought.
8
9 MR. JUSTICE BELL: Thank you. What are you looking for?
10
11 MS. STEEL: There are a few things. I mean, I cannot remember
12 -- I have this problem with not having the notes that
13 I had made -- about what rights there were that were
14 different. I am aware that there are differences between
15 full and part-time workers.
16
17 MR. JUSTICE BELL: Yes, that is what I was inviting you to put,
18 but why do you not just leave it now and then come back to
19 it as a separate item? I have made a note of one, the
20 right to apply to an industrial tribunal for alleged unfair
21 dismissal. What I suggest is -- you can put it quite
22 discretely on a later occasion -- just put the other
23 factors which you say are relevant.
24
25 MS. STEEL: Just while I have it open, I have noticed that the
26 Crew Handbook -- tab 1 of pink volume XI which is the Crew
27 Handbook for 1986 -- actually says on page 37 of that
28 bundle under "Full-time Crew Members" which is under "Bank
29 Holiday Pay" in brackets: "However, McDonald's policy does
30 not permit crew members to work more than 39 hours per
31 week". That is expressed slightly stronger than you have
32 been expressing it in court today.
33 A. Well, as I say, we do try to discourage people working
34 overtime.
35
36 Q. This is the handbook that is relevant for the year that
37 Mr. Alimi was frequently working more than 39 hours a week;
38 that is correct, is it not?
39 A. June 1986.
40
41 Q. This policy is just something for show so that you can
42 avoid obligations to the employees to pay them overtime
43 pay, is it not?
44 A. No.
45
46 Q. Can I ask something about page 38 of this document, there
47 are other crew members known as "occasional workers":
48 "Crew members who work less than 16 hours a week are not
49 entitled to receive Bank Holiday standard pay". What
50 exactly are "occasional workers"? Do they usually work a
51 certain number of hours a week under 16, or are they people
52 who are just rung up on the odd occasions when you are
53 particularly short of staff?
54 A. I do not know. I have always just referred to them as
55 full-time and part-time. I did not realise we had another
56 classification of work known as "occasional workers".
57
58 MR. JUSTICE BELL: There appear to be three, do there not, for
59 1986, at least ---
60 A. Yes.
