Day 118 - 01 May 95 - Page 50


     
     1        identify those under 18s who were working more than 48
     2        hours ---
     3        A.  I did.
     4
     5   Q.  -- automatically, did you not?
     6        A.  It did.
     7
     8   Q.   No, it only recorded those who worked over 96 hours in a
     9        two week period?
    10        A.  -----
    11
    12   Q.   But there could have been 5,000 under 18s working more than
    13        48 hours a week here and there throughout the year, and you
    14        would not have known, would you?
    15        A.  We measured them in fortnightly periods because that is
    16        the way the pay was produced, so 96 hours a week was the
    17        flag, was the warning that people were working over, and if
    18        you look at the documents that I have produced for you
    19        although they I agree they are 1992, there was only about
    20        three or four or five in the fortnightly period that were
    21        over the 96.  At that time there was no restriction.
    22
    23   Q.   Yes, but there was a significant percentage over 79 hours,
    24        was there not, which would give someone like you who cared
    25        about ----
    26        A.  I do not think it is a significant percentage.
    27
    28   Q.   Well we can argue whether 5 per cent is significant or
    29        insignificant.
    30
    31   MR. JUSTICE BELL:  Mr. Morris, I am looking at them in different
    32        compartments at the moment, the over 96 under 18s, because
    33        that there is a question of illegality there.  There is no
    34        question of illegality working more than 39 hours in a
    35        week.  It may be a matter of policy and breach of policy
    36        but they are very different, are they not, what is actually
    37        illegal and what is just ----
    38
    39   MR. MORRIS:  Except we would submit the lack of overtime was
    40        illegal.
    41
    42   MR. JUSTICE BELL:  That may be.
    43
    44   MR. MORRIS:  What I am saying is that the fortnightly system is
    45        guaranteed to conceal possible areas of illegality in the
    46        number of hours worked by under 18s, and the lack of
    47        overtime for any staff who worked over 39 hours?
    48        A.  I do not think it does.
    49
    50   MR. JUSTICE BELL:  What is being put to you is it may be a big 
    51        number it may be a small number, but if you do not a weekly 
    52        check there may be a number which slips through who work 
    53        more than 48 in a week but less than 96 in a two-week
    54        period for instance?
    55        A.  Yes I can see that could be a possibility.  I do not
    56        think it would happen, however, because people's hours were
    57        more regular than that.
    58
    59   MR. MORRIS:  For an employer that claims to be responsible would
    60        you not say that was a completely irresponsible system?

Prev Next Index