Day 121 - 04 May 95 - Page 65
1 A. Yes.
2
3 MR. MORRIS: It is tab 35, the statement of Glen Peter Hamilton
4 Prosser. Do you have that?
5 A. Yes.
6
7 Q. Previously store manager of the Swindon restaurant and
8 currently the store manager of the Cardiff 2 restaurants;
9 do you happen to know Mr. Prosser?
10 A. I do not think so.
11
12 Q. On page 234 in paragraph 11 Mr. Prosser writes or states as
13 part of the evidence in this case in the middle of that
14 paragraph: "It is probably true to say that there were
15 occasions when an employee did not get all their allocated
16 break allowance. However, I would stress that these were
17 on extremely rare occasions. As mentioned above, under 18
18 year olds worked past their lawful time only on one or two
19 rare occasions because of the manager's oversight."
20
21 Does it concern you that under 18 year olds may work past
22 their lawful time -- in fact, have worked past their lawful
23 time, even if it was only on one or two rare occasions?
24 A. Yes, it does, but it pleases me ----
25
26 Q. It is breaking the law, is it not?
27 A. Of course it is, but it pleases me to see that it was
28 found and it was dealt with.
29
30 Q. He says it was "only" as if it was hardly worth mentioning
31 really because it was only on rare occasions, one or two
32 rare occasions?
33 A. No, I think he is admitting to the fact that someone
34 erred. I mean, mistakes do happen, and he has said there
35 it was due to a manager's oversight.
36
37 Q. That is hearsay. We do not know about that, do we? We
38 will wait until he comes to court.
39 A. You have asked me to comment upon that paragraph.
40
41 MR. RAMPTON: To be fair, the question was, was Mr. Nicholson
42 concerned about it. It depends on the circumstances.
43
44 MR. MORRIS: Does it depend on the circumstances so far as you
45 are concerned?
46
47 MR. JUSTICE BELL: You would be concerned -- you said you would
48 be concerned about it?
49 A. Yes, I would be concerned and I add I am pleased to see
50 that it was found and it was dealt with.
51
52 MR. MORRIS: It does not say it was dealt with, does it?
53 A. I do not know. The fact that he has put it in his
54 statement I think indicates that he has done something
55 about it.
56
57 MR. JUSTICE BELL: I think that is fair enough. It does not say
58 what happened when it was discovered. Anyway, one occasion
59 is one too many?
60 A. In my opinion, yes, my Lord.
