Day 303 - 19 Nov 96 - Page 17


     
     1
     2   MR. MORRIS:  Right.  The next document I can hand over, it does
     3        not need to be gone through in detail but people could look
     4        at it in their leisure.  (Handed).  I was not sure where it
     5        was in the bundles but apparently it is in pink volume 15,
     6        tab 95, towards the back of that bundle, which is pages
     7        1,511 C to L, which was the documentation relating to Craig
     8        Donaghy from Doncaster.  We did not call him but it is
     9        McDonald's own documentation of clock card computer
    10        printout clock card files, and if you look -- I have gone
    11        through it -- this is the only other clock card files
    12        I think we have seen in this case apart from Bath.
    13
    14        We got some from Heathrow, did we?  Anyway, last night
    15        I actually looked at this for the first time because I
    16        remember when I originally checked them I only checked for
    17        the illegal employment of young people after ten and 12
    18        o'clock, which if I remember rightly creased to apply in
    19        1990.  I am very confused about what years and when the
    20        laws applied at which times.  But in any case I went back
    21        to look at them last night about one o'clock in the morning
    22        and went through it, and I was surprised, of course, to
    23        find -- no, I was not surprised but I was unsurprised to
    24        find massive breaches of McDonald's policy and the law as
    25        regards breaks on every page.
    26
    27        I can explain on the first page how I have done it so
    28        people can check it in their own time.  The first one
    29        identified Sarah Langford.  She started her break only 21
    30        minutes after she started work.  That is a point we are
    31        making about breaks being scheduled not in the middle of
    32        people's working time but at the beginning or end of their
    33        working time.  That is not law, but that is something we
    34        have said in the case is a feature of McDonald's.  Then she
    35        only had a break of 42 minutes, which is less than the
    36        statutory provision of 45.  Then she worked more than six
    37        hours with no break at all.
    38
    39   MR. JUSTICE BELL:  That is the 17 is it?
    40
    41   MR. MORRIS:  17, 59 yes.  She then worked over six hours without
    42        a break at all, and she worked between the period of 11.30
    43        and 2.30 without getting any break, any of her break in
    44        that time, which is another statutory provision as far as
    45        we are concerned.
    46
    47   MR. JUSTICE BELL:  I am not sure whether that was, but you may
    48        have other points to make about it because may be a special
    49        provision with regard to the kind of work McDonald's are
    50        doing.
    51
    52   MR. MORRIS:  Kitchen work, yes.  Of course it is significant,
    53        anyway, in this case whether or not it is the law because
    54        people working at pressure in hot environments should be
    55        getting breaks when they most need them, and it also
    56        relates of course to the responsibility of undercooking
    57        food because people are very stressed out and unable to
    58        concentrate, which is the whole purpose of having statutory
    59        provision to protect the interests of those employees.
    60

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