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.

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