Day 154 - 13 Jul 95 - Page 43


     
     1        A.  That is correct, as I remember it.
     2
     3   Q.   That is it, is it?  So you would get no points there?
     4        A.  That is right, sir, yes.
     5
     6   Q.   It might be suggested that unless there was a real risk
     7        that there might be underage employees (that is under
     8        school leaving age) in the restaurant, there is absolutely
     9        no point in having a question on it.  If it never happens,
    10        then why bother do ask?  Everyone will be scoring
    11        100 per cent on that all the time.
    12        A.  Sure.  The only time when it could possibly happen
    13        would be -- and the key to it is "of school leaving age" --
    14        whilst we would never employ anybody who was under 16, you
    15        could employ somebody who was 16 and five months, for
    16        instance, and their official school leaving age could be 16
    17        and six months, for instance.  So, in answer to your
    18        question, it could conceivably happen; the person would
    19        bring the application form in and the manager would not
    20        correlate his age to the correct school leaving age.
    21
    22   Q.   I do not want to extend matters, but I may be under
    23        completely the wrong impression.  I thought you only had to
    24        complete the term in which your 16th birthday fell.  Are
    25        you saying that you have to complete the academic year in
    26        which your 16th birthday falls?
    27        A.  No.
    28
    29   Q.   If you only have to complete the term, then it is never
    30        going to be more than 12 weeks, is it?  If you do not know,
    31        then say so.
    32        A.  I just remember the legislation at the time.  It sort
    33        of -- if the birthday fell on a certain month, then they
    34        have to be at least 16 years and four months; if it fell on
    35        a different month, then it was 16 years and two months.
    36        I do not know the exact sort of ages, in recollection.
    37
    38   MR. JUSTICE BELL:  There we are.  It can be pursued later if it
    39        is thought to be important.
    40
    41   MS. STEEL:   Just on uniforms, crew could not wear them outside,
    42        could they, unless they were covered up?
    43        A.  We would prefer them, yes, to put their coat on outside
    44        the restaurant, or a jumper.
    45
    46   Q.   You said that sometimes it happened that when it was a busy
    47        period crew had to shorten their breaks, or they were asked
    48        to shorten their breaks, to come back and work.  Why would
    49        there be insufficient staff to allow them to have a full
    50        break? 
    51        A.  I think when I originally answered the question, what 
    52        I said was it would be exceptional circumstances. 
    53
    54   Q.   Why do not you -----
    55        A.  So, for instance, if a coach load or three coach loads
    56        of tourists came to Colchester and dropped off outside the
    57        restaurant, then we would have no way of envisaging that
    58        extra business coming in.
    59
    60   Q.   So it only ever happened when three coach loads of tourists

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