Day 207 - 23 Jan 96 - Page 51


     
     1
     2   MR. JUSTICE BELL:  The difficulty is you have pointed to the
     3        document.  I have taken that on board.  I do not know
     4        whether it is a significant point or not because I do not
     5        know what "excess hours" means.
     6
     7   MR. MORRIS:  Right.  Anyway, to move on to Lee Richards on
     8        page 301.
     9
    10   MR. JUSTICE BELL:  Give the dividers if you can because that
    11        helps us get there more quickly.
    12
    13   MR. MORRIS:  Sorry.  It is probably divider 2.  In fact, it is
    14        divider 2.  Lee Richards, towards the middle of that page,
    15        between pages 301 and 325 he manages to have nine days
    16        continuous work at McDonald's.  We do not have to look at
    17        everyone.  Would you accept that, really, scheduling at
    18        McDonald's in terms of protection of employee rights at the
    19        Bath store at times that we have looked at in all the
    20        questioning is, basically, a mess?
    21        A.  No, because the hours worked by an individual may not
    22        be the hours that they were scheduled.  Lee Richards is a
    23        person who worked over the summer period who was a student,
    24        so he may have worked extra shifts.
    25
    26   Q.   So, despite saying yesterday about that people should not
    27        be scheduled more than five days, but that, OK, in
    28        exceptional circumstances, it can be up to 7, it is
    29        actually fine with you to schedule people or for people to
    30        work for nine days in a row as long as they are willing to?
    31        A.  In this case, he has worked for nine days in a row.
    32        I cannot answer the reason why he has done it.
    33
    34   Q.   Because he needs the money, presumably?
    35        A.  Obviously, he would work for money.
    36
    37   Q.   And the pay at McDonald's is so bad that people have to put
    38        in as many hours as they can get, because they need the
    39        money?
    40        A.  No.  I think Lee Richards just, basically, wanted the
    41        money.  He was a student; he would work during the summer
    42        period.
    43
    44   MR. MORRIS:   In case there is anything else I wanted to say on
    45        that, I will check for a minute.  I think I will leave it
    46        at that on that subject.
    47
    48   MR. JUSTICE BELL:  Have you got any eight or nine days ones
    49        which are not in August?
    50 
    51   MR. MORRIS:  To be honest, those are the ones which I checked. 
    52 
    53   MR. JUSTICE BELL:  The ones you have given me so far are all in
    54        early August.  The difficulty is, I suppose, that since
    55        I only ordered disclosure of -- I will wipe that point from
    56        my mind, since the only months were August 1993 and May and
    57        August of 1994.  What may be germane, since we do have a
    58        month which is not August, namely May 1994, is see if there
    59        are any consecutive days there.
    60

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