Day 180 - 31 Oct 95 - Page 59


     
     1
     2   Q.   For what purpose?
     3        A.  Employment Protection Act.
     4
     5   Q.   Yes, but put it in ordinary language, full-time for what
     6        purpose?  For the purpose before this year of saying you
     7        had to work five years rather than two before you could
     8        make an application for unfair dismissal, save in
     9        exceptional circumstances, or for some other purpose?
    10        A.  Right.  I do not know the direct question, but I know
    11        the answer is as you would have put it in statute.  In
    12        statutory terms, a full-time worker begins at 16 hours a
    13        week, to qualify for statutory employment protection rights
    14        after two years service.
    15
    16   Q.   Yes.
    17        A.  That is the key issue.
    18
    19   Q.   Yes.
    20        A.  Of course, in lay terms full-time means 35 hours a
    21        week, say.
    22
    23   MR. JUSTICE BELL:   Yes.
    24
    25   MR. MORRIS:  I just want to deal with a loose end.  You said
    26        when you made your expert visit to McDonald's, even though
    27        it was not a busy period, you saw staff skip running in
    28        order to complete the delivery of orders to customers
    29        within the required service times.  Do you remember that?
    30        A.  I do.
    31
    32   Q.   Yes.  That is your evidence.  Have you read the Health and
    33        Safety Executive Report ---
    34
    35   MR. JUSTICE BELL:  It is clear that -----
    36
    37   MR. MORRIS:  -- on McDonald's restaurants?
    38
    39   MR. JUSTICE BELL:  Yes, because he refers to it in his
    40        statement.
    41
    42   MR. MORRIS:  Sorry, I could not find ----
    43
    44   MR. JUSTICE BELL:  He says, "I have read the 1992 HSE Report";
    45        paragraph 16.
    46
    47   MR. MORRIS:  Yes.
    48
    49   THE WITNESS:  Yes, I ----
    50 
    51   MR. MORRIS:  You said, "The Report describes the application of 
    52        the hustle policy as a good illustration of the culture of 
    53        the Company which 'has resulted in a conflict between
    54        operational requirements and safety where the need to get
    55        the product to the customer and to maximise sales had taken
    56        precedence'."  In the actual report itself, in the
    57        executive summary of the report, a two page summary, which
    58        was a comprehensive look at McDonald's procedures on safety
    59        matters by the Health and Safety Executive, it concludes:
    60        "The example of how 'hustle' was interpreted demonstrates

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