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
