Day 208 - 24 Jan 96 - Page 40


     
     1        A.  No, they do not -- it says that they get to have a
     2        break when the -- the Manager decides when they have a
     3        break.  It does not say anything about the Manager deciding
     4        when they come back.
     5
     6   Q.   So, if they came back one minute later, the Manager could
     7        not do anything about it?
     8        A.  That is a case that is not going to happen.  I mean,
     9        everybody when they go on their break takes something to
    10        eat; and I do not know of anyone that is going to eat that
    11        quickly, to be perfectly honest.
    12
    13   Q.   The reality is, is it not, that if the Manager did not want
    14        people to come back early off their breaks, they would not
    15        let them come back?
    16        A.  No, I would not say that is the reality at all.
    17
    18   Q.   So, the Managers are not in control of the store, then; is
    19        that what you are saying?
    20        A.  The Managers are in control of the store to a point.
    21        Most of them, the majority of the time, being a busy
    22        restaurant, they are perfectly happy for them to come back
    23        early if they wish to do so.
    24
    25   MR. MORRIS:  Are you saying that the Managers are happy for
    26        people to get less breaks than they are entitled to at busy
    27        times, when there is no implications for health and
    28        safety ---
    29        A.  No, I am saying -----
    30
    31   Q.   -- of people having shorter breaks?
    32        A.  No.  I am saying the Managers are perfectly happy if
    33        that is what the crew member wishes to do.
    34
    35   Q.   Despite the fact that that crew member might be
    36        jeopardising other workers' safety and customers' safety if
    37        they are not performing properly?
    38        A.  From a personal experience, I would not say that taking
    39        a short break would in any way change your ability to work
    40        the station.
    41
    42   Q.   Why have breaks at all, then?
    43
    44   MR. JUSTICE BELL:  Well, that is not the same thing really, is
    45        it, Mr. Morris?  One has to be realistic about it.  It is
    46        one thing to say that if someone works 10 hours without any
    47        break, they may get tired and make a mistake; it is another
    48        entirely to suggest that if they only take half an hour
    49        rather than three-quarters of an hour they become a risk in
    50        the store, is it not? 
    51 
    52   MR. MORRIS:   We are going to argue this later about the purpose 
    53        of the legislation, when we find out -- as the Plaintiffs
    54        are uninterested in the subject.
    55
    56   MR. JUSTICE BELL:  That is not true.  They are interested in the
    57        subject.
    58
    59   MS. STEEL:  Or unrevealing.
    60

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