Day 121 - 04 May 95 - Page 25
1
2 Q. They are not guaranteed hours, are they?
3 A. I believe they are not.
4
5 Q. If a manager scheduled somebody who was a full-time
6 employee, hourly paid full-time employee, less than 39
7 hours, would that be completely unacceptable?
8
9 MR. JUSTICE BELL: No, it would not, because we have already
10 read something which says at least 35, normally 39. Why
11 not put: "Suppose some full-time worker was regularly
12 being scheduled around 30 hours, and never 35?"
13
14 MR. MORRIS: The thing about this "regular" or "the individual
15 circumstance" thing is that if it can happen once, that is
16 an indication of the management power.
17
18 MR. JUSTICE BELL: I am afraid you and I are not seeing things
19 in quite the same light because lots of things can happen
20 once, or every now and again, which are not what one side
21 or the other might expect and it would not upset me one
22 bit. Can I take an example there; suppose someone, who is
23 a full-time worker, is only provided with 28 hours work one
24 week, but the rest of the year is being given between 35
25 and 39 and more often than not 39, I have to tell you now
26 that is not going to upset me at all.
27
28 MR. MORRIS: I understand. It was in the context of whether
29 there were some policies that cannot be breached by
30 management. For example, that -----
31
32 MR. JUSTICE BELL: You are quite right to remind me that is the
33 context of this discussion, but think of something you can
34 put.
35
36 MR. MORRIS: OK. (To the witness): There is a policy, is
37 there, of a minimum of 35 hours for ---
38 A. Full-time.
39
40 Q. -- full time?
41 A. Yes.
42
43 Q. Can that be breached by a manager, if they need to, and
44 only schedule 20 hours for that person?
45 A. I would say that would be unacceptable. I have never
46 heard of it. You are asking me, again, questions I have
47 never heard raised.
48
49 Q. But you ---
50 A. I -- I have to make up an answer.
51
52 Q. -- are the one who said that some policies ---
53 A. Right, I will tell you a right ---
54
55 Q. -- cannot be breached?
56 A. -- a right of the staff that cannot be breached.
57
58 Q. Go on then?
59 A. We cannot deduct anything from their wages without
60 their agreement. That is a right inherent to all workers;
