Day 118 - 01 May 95 - Page 22
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2 Q. That is hearsay. We are asking if you have an agreement.
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4 MR. RAMPTON: My Lord, that is not right.
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6 MR. JUSTICE BELL: Well by that token an agreement would be
7 hearsay as well.
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9 MR. MORRIS: I would ask to see a copy of the agreement, if
10 there was to be one.
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12 MR. RAMPTON: Mr. Morris does not understand the position.
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14 MR. JUSTICE BELL: What is being said, Mr. Morris, is it is not
15 a question of an agreement at all, but what is being said,
16 rightly or wrongly, he is saying the wages inspectors said
17 he was not breaking the law; that it was all right to do it
18 this way. That is not an agreement. Whether Mr. Nicholson
19 is right or wrong it is not an agreement that they can act
20 contrary to the law. He is suggesting they were accepted
21 McDonald's were acting in accordance with the law. You
22 join issue with that but that the way he has put it.
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24 MR. MORRIS: You say it is down to the managers to ensure that
25 they are complying with the law on this issue; is that
26 correct?
27 A. It is down to the managers to ensure they do not
28 infringe the Wages Council order.
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30 Q. This is quite, would you agree, quite a complicated issue
31 in terms of calculating exactly whether an individual is
32 not getting exactly enough that would equal the overtime if
33 it were paid when they are working over 39 hours?
34 A. Yes, I would say the Human Resources officers and the
35 supervisory staff in the restaurants are quite used to
36 doing that calculation and do it regularly.
37
38 Q. If they did it wrongly, or neglected to do it, they would
39 be infringing the Wage Council regulations would they not?
40 A. If whom neglected to do it?
41
42 Q. Say the management in the store neglected to do what you
43 claim they do if they neglected to do it at all or they did
44 it incorrectly, they would effectively be infringing the
45 regulations, would they not?
46 A. Not necessarily. It depends upon the degree of the
47 error, but I would anticipate that the supervisory staff
48 would pick that up and adjustments would immediately be
49 made.
50
51 Q. How would they do that?
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53 MR. JUSTICE BELL: That would have to look at every calculation
54 in respect of every employee to do that?
55 A. Yes, I think what they do would my Lord is when they
56 get that analysis report they have a look at the people who
57 worked, you know, a good few hours more than the 39 hours
58 and they would highlight that individual's pay record to
59 see that he had been, he or she had been paid to meet the
60 requirements of the Wages Council order.
