Day 208 - 24 Jan 96 - Page 29
1 minimum break is according to the length of hours of your
2 shift, if your shift covers the hours 11.00 to 2.30, you
3 are entitled to a break of at least 45 minutes. Is what
4 you are saying, well, you are entitled to it, but you have
5 no need to take it?
6 A. Yes. You do not have to, because nobody is going to
7 send you back to have the rest of your break.
8
9 MR. MORRIS: I cannot remember when the changeover came to
10 unpaid breaks. Did you used to work at the Company when
11 there were paid breaks?
12 A. The Floor Managers used to receive paid breaks, but
13 I do not think it has ever happened with the crew, not that
14 I am aware of in the time that I have been there.
15
16 Q. You said the crew room is a bit boring, that you do not
17 really want to hang about there. You can go out there, can
18 you not?
19 A. Yes, you can do.
20
21 Q. If you have a nice long break, you can go out and do
22 whatever you like, can you not?
23 A. You could do, yes.
24
25 Q. But you would not be paid?
26 A. No.
27
28 MR. JUSTICE BELL: When we do get to the bottom of what the law
29 is -- it is a point which has really, I am afraid, only
30 just occurred to me -- it may be necessary to distinguish
31 where there must be a break, as opposed to where you are
32 entitled to a break, because they may be quite separate
33 things so far as the law is concerned. Do you see the
34 distinction I am getting at?
35
36 MR. MORRIS: Yes.
37
38 MR. JUSTICE BELL: When you look at the 45 minute break point,
39 for instance, for people who are working a shift which
40 covers 11.30 to 2.30, it will be important to look at the
41 wording of the regulations and see whether it says you are
42 entitled to a 45 minute break, the employee is entitled to
43 it, or that the employer must ensure that the employee
44 takes a 45 minute break. It will not be in wording which
45 is as sloppy as that, but you will have to look at the
46 wording.
47
48 It may be important here, because Mr. Rampton may argue to
49 the contrary, but you may be able to say that there is a
50 very clear picture that breaks during the busy lunchtime
51 period are avoided if they possibly can be altogether, or
52 as much as they can be.
53
54 MR. MORRIS: Well, common sense will tell me that people will
55 want as much breaks as they possibly can. But if they are
56 not being paid for them, that is another matter.
57
58 MR. JUSTICE BELL: That is not the point I am on. It is, if you
59 are saying illegality, if you are saying that not only are
60 McDonald's prepared to do what you would argue to be
