Day 303 - 19 Nov 96 - Page 18


     
     1        So, that is what I have done, I have gone through them.  As
     2        you can see on that page out of 16 people in that first
     3        page 10 of them did not get their statutory minimum break,
     4        11 of them in fact because one of them did not get a break
     5        at all, and some of them on top that did not get a break
     6        during six hours of working.  I have an idea the ones that
     7        did not get a break between 11.30 and 2.30 was five
     8        I think, and I have tried to identify the ones who had
     9        early breaks or late breaks, so that they would have spent
    10        most of their shift without a break, i.e. under pressure
    11        continuously instead of having their break when they needed
    12        it.
    13
    14   MR. JUSTICE BELL: How did these, how did the Doncaster papers
    15        come to be disclosed?
    16
    17   MR. MORRIS:  Because he was one of the -- Craig was a witness of
    18        ours, he made a statement, he was one of the industrial
    19        tribunal people.  He made a statement about -----
    20
    21   MR. JUSTICE BELL:  Did I order their disclosure or?
    22
    23   MR. RAMPTON:  No, my Lord, he was pleaded and so the discovery
    24        was made by the normal process.  He was in the old defence.
    25
    26   MR. MORRIS:  I think we lost contact with him, basically.
    27        I think we did get a statement from him but then we lost
    28        contact.
    29
    30   MR. JUSTICE BELL: You do not need to chase that up.
    31
    32   MR. MORRIS:  If we go over the page, the same pattern applies.
    33        I did it in a rush last night but I think it is quite
    34        clear, anyone can do the calculations themselves.  I only
    35        really looked at break times, of course, because they do
    36        not run concurrently as days.  It is impossible to see
    37        about the matters of overtime, rest days, and all the other
    38        statutory provisions, or McDonald's policies that would
    39        have been breached so these are just about breaches of
    40        break times on specific days.  I did identify the few young
    41        people who worked.
    42
    43   MR. JUSTICE BELL:  I can work out their ages on the right.
    44
    45   MR. MORRIS:  Yes.  The ones I have ringed on the right hand side
    46        are the ones who were identified as young people and who
    47        worked passed -----
    48
    49   MR. JUSTICE BELL:  Under-18s you mean?
    50
    51   MR. MORRIS:  The under-18s, yes, sorry, who worked.  The first
    52        time that comes is page 4, or F as it is here.  The second
    53        to last person here are Cheryl Pilcher, under 18, sex,
    54        female, she worked until 22.59, but I cannot remember when
    55        the protection for under-18s working such hours actually
    56        ended.  I cannot remember that now.  I am sure, I do not
    57        think it applied by 1990 unfortunately.  There is some
    58        actual handwriting on the original which is obviously
    59        written in by the supervisor or somebody dealing with the
    60        documents.  Anyway, I consider one person not getting their

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