Day 151 - 10 Jul 95 - Page 45
1
2 Q. And if it is not possible to avoid it then it happens?
3 A. Right but the idea is obviously to avoid it in the
4 first place even though I think in this case we were
5 discussing students on Friday coming back and asking for
6 double shifts.
7
8 Q. So is that your evidence you are going to give, that only
9 happens to students who are working on Friday?
10 A. Sorry, I said, "On Friday I said ...".
11
12 Q. Sorry?
13 A. No I would not say it is. I mean I cannot go into too
14 much detail. I think on Friday I gave the example if a
15 student came to me.
16
17 Q. But it does happen for various different circumstances and
18 not just for students wanting to do a double shift?
19 A. It certainly could.
20
21 MR. JUSTICE BELL: Is what you are saying that the rare occasions
22 which you remember was students on Fridays who wanted to
23 work double shifts? Is that what you are saying?
24 A. I would say that, sorry "on Friday" being when I gave
25 my evidence.
26
27 Q. I am sorry, yes?
28 A. I think that I said in this example my recollection as
29 a manager was certainly the predominant occasions were
30 students.
31
32 MR. MORRIS: Right. Going down the page, "Young people under
33 18". It says that you "were scrupulous at Leicester to
34 ensure young people did not work pass the legal time
35 limits". Then you say: "When I was area supervisor for
36 Clacton and Colchester this is one of the things
37 I regularly checked on my 2 or 3 weekly visits to the
38 restaurants". Are you prepared to say categorically it
39 never happened at Clacton or Colchester that young people
40 worked past the legal time?
41 A. I do not recall it happening, no.
42
43 Q. You do not recall?
44 A. No.
45
46 Q. Are you prepared to say it therefore never happened?
47 A. As I think when I answered the same question to do with
48 39 hours, my belief is that had it been a problem I would
49 have recalled it being a problem and taken action, but I do
50 not recall there being any problem in Colchester nor
51 Clacton with over 18 or under 18 violations.
52
53 Q. So, if it had happened, is it possible that it is one of
54 the things which may not have come to your attention or
55 what?
56 A. I do not recollect it being a problem.
57
58 Q. I understand you saying it is not a problem, but are you
59 prepared to say it never happened?
60 A. I do not recall having a problem, it being brought to
