Day 151 - 10 Jul 95 - Page 65


     
     1   MR. MORRIS:  I cannot remember where I saw it now.  I thought it
     2        was something -- it is either the law or it was ----
     3
     4   MR. JUSTICE BELL:  What I suggest you do is you simply ----
     5
     6   MR. MORRIS:  That is McDonald's position, is it not, people are
     7        entitled to a certain amount of break depending on how long
     8        they have been schedule for?
     9        A.  Right.
    10
    11   Q.   Let us start from the beginning:  Basically if people work
    12        at MacDonald's for an 8 hour shift there will be some kind
    13        of standard format for how much break they are entitled to?
    14        A.  Yes.
    15
    16   Q.   Presumably if that break is cut, whether or not they get
    17        paid for it, they might be upset about it?
    18        A.  I would suggest in terms of the manner in which it is
    19        put is again important.  If you are going from a legal
    20        requirement to them being upset, then I am getting a bit
    21        confused.  Certainly if it happened all the time with an
    22        alarming regularity, I guess any right minded individual
    23        would find it annoying, but I guess people are very
    24        balanced and would realise if it was a very rare
    25        occurrence, then I am sure human nature being what it was
    26        they would be more than willing to help out.  But whether
    27        it is a legal requirement I would again have to resort to
    28        my human resources colleagues back in 1986.
    29
    30   Q.   Did you say in your statement -- I think you did -- about
    31        McDonald's freedom fighters, that it was before your time,
    32        I think you said?  This was at Colchester.
    33        A.  At paragraph 4 on page 227 of my initial statement,
    34        I said: "I have no knowledge of the McDonald's freedom
    35        fighters which, according to Simon Giverney, were formed
    36        before my involvement with the store."  So I guess Simon
    37        has said they were before my involvement.  I certainly have
    38        no recollection while I was there, but Simon has obviously
    39        said they were formed before I was involved with the
    40        store.
    41
    42   MR. ATKINSON:  My Lord, can we just clarify whether Mr. Morris
    43        is saying that is the law?
    44
    45   MR. JUSTICE BELL:  No.  He has suggested to the witness that
    46        there is, but we have got no further than that.
    47
    48   MS. STEEL:  I actually think there is, but I cannot remember.
    49
    50   MR. JUSTICE BELL:  What I suggest is that you find it; then as 
    51        the evidence progresses, we will see whether there is 
    52        evidence that McDonald's have been in breach of whatever 
    53        the regulation is, if it exists.
    54
    55        It is common ground that there is provision for a minimum
    56        break between shifts for young people under the age of 18,
    57        or that there was, and they can work a maximum certain
    58        number of hours in 24 hours.  But that is a different
    59        matter.  So if you are suggesting that there is a further
    60        regulation which applies across the board for periods of

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