Day 133 - 12 Jun 95 - Page 57
1 restart. So it would be discussed and that is how it would
2 operate. It is not a sort mechanical process as you have
3 described.
4
5 Q. But if they did not know when they might wish to come back
6 or somebody just left and just said: "I do not know
7 whether I am coming back or when", they would be kept on
8 the books for another six weeks with that option that they
9 could come back within that time and start -----
10 A. No.
11
12 Q. They would not have that option?
13 A. If they did not know when they were coming back. No,
14 if they left and said they were leaving and did not know
15 when they were coming back, then their employment would end
16 as from the date that they left.
17
18 Q. If we go to document D, the reason for leaving, these are
19 as categorised by the managers, yes?
20 A. Yes.
21
22 Q. Maybe I cannot see, but there is no "not known", is there?
23 A. No, because we would expect our managers to find out
24 the reason to categorise it.
25
26 MR. JUSTICE BELL: Save in so far as that is "without notice",
27 if they just do not come back, then they are "not knowns"
28 and "without notice", presumably?
29 A. They might be, but they -- they might. It might be
30 that they had also said why, but the overriding thing would
31 be "without notice".
32
33 Q. If they had say why, I am assuming -- tell me if I am wrong
34 -- if someone gives a specific reason, since the bottom of
35 the last column is 100 per cent, you cannot be both in "not
36 notice" and one of the specific ones?
37 A. That is right.
38
39 Q. I have assumed that in any other similar situation, if you
40 have a specific, you put it under that rather than under
41 "without notice"?
42 A. You are quite right about them not being able to be
43 under two reasons, but what would happen then is that that
44 would -- if they did not work out their notice, that would
45 probably be the overriding one as they cannot appear in two
46 categories. So it could be that other reasons are built
47 into the "resigning without notice", yes, that is possible.
48
49 Q. I have to say, Mr. Morris, that you might under 1 say,
50 "I am going to give you notice because I am going back to
51 college on 4th October" or something like that, and it
52 would seem to me common sense to put you in that equally
53 well if you did not give any notice at all, that the
54 manager knew that you were a student and knew that it was
55 the beginning of a new term or the end of a holiday he put
56 you in category (1)?
57 A. Yes, quite possibly.
58
59 MR. MORRIS: I am trying to pursue this. The people that you do
60 not know whether they are going to come back or not and,
