Day 303 - 19 Nov 96 - Page 15


     
     1        the week with the payslip which has a gross on it, or at
     2        the end of a fortnight a payslip which has a gross on it,
     3        which comes to at least all the minimum rates including the
     4        overtime rates, you are in the clear, whether Mrs Pearce's
     5        evidence...  It cannot help me on the proper construction
     6        of the legislation, the most it could come to is that even
     7        if the legislation is in your favour it appears they would
     8        say that the Inspectorate knew and thought that it was all
     9        right.
    10
    11        You say, no, there is no reason to suppose the Inspectorate
    12        would have known because they would not clamber over all
    13        the records to track it down, Mr. Pearson would have said
    14        that is probably because they did not realise how great a
    15        proportion of full-time workers were working more than 39
    16        hours a week.
    17
    18   MR. MORRIS:  Yes.  I think she said something about he checked
    19        12, he would check, say, something like 12 staff, and they
    20        may be management, they may be crew.  Of course, that would
    21        leave an average of six, say, crew on each visit, who knows
    22        what he found? But in any case, she was asked about
    23        overtime.  She actually said that she thought overtime will
    24        be paid, time and a half et cetera.  I cannot remember
    25        where I asked her about it.  I do think if you are going
    26        give any weight whatsoever to this if you can read the
    27        whole day, because it will save time now if I do not have
    28        to.
    29
    30   MR. JUSTICE BELL:  I have heard all the evidence.  I am not
    31        going to promise to read through all that again.  You would
    32        get a judgment in about four years' time if I read every
    33        line.  I am going to be selective about what I re-read, but
    34        I think I have got your point.  Your main point in any
    35        event is that you say that McDonald's pay starting rates
    36        which are at or above the minimum, but the minimum in any
    37        event is clearly a low rate in the under privileged
    38        industry, that although they may pay a little more by
    39        reason of pay reviews, it is only a pittance five, ten, 15,
    40        whatever pence, that they do not pay any overtime rate,
    41        that a significant proportion of full-time workers work
    42        overtime, so since they do not get the one and a half any
    43        gain which they have made by their five pence, 15, premium
    44        rates and so on, is cut into.
    45
    46   MR. MORRIS:  That is right.
    47
    48   MR. JUSTICE BELL:  They are brought back to mere, what is a
    49        pathetically low legal minimum.
    50
    51   MR. MORRIS:  They cannot get their full overtime time and a half
    52        payment from five, ten, it is impossible, because they
    53        would have to work.
    54
    55   MR. JUSTICE BELL:  They might.
    56
    57   MR. MORRIS:  One or two might get it a small percentage might be
    58        lucky.
    59
    60   MR. JUSTICE BELL:  I thought you were going to say, suppose

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