Day 209 - 25 Jan 96 - Page 61


     
     1
     2        That problem continues over on page 326, where Clare Woods
     3        worked 11 hours, got three breaks, but they are all so
     4        small that it did not really even add up to 45 minutes,
     5        I do not believe.  Also, underneath her, four down, Jason
     6        Dixon also did not get two breaks, but worked more than
     7        10 hours.  The same occurs on page 327 with Pamela Madden,
     8        who got two breaks but they were both very small and she
     9        worked more than 10 hours.
    10
    11        Also, it might be worth pointing out in all those three
    12        days there were many cases of people taking their breaks
    13        very early on their shift or very late on their shift, and
    14        some of the people working more than six hours without a
    15        break, which is also what the auditor was meant to be
    16        monitoring for.
    17
    18        I am trying to find an example of that, just so we can
    19        reassure ourselves.
    20
    21   MR. JUSTICE BELL:  What I suggest you might do, if you -----
    22
    23   MR. MORRIS:  Can I just give one example of that last one?
    24
    25   MR. JUSTICE BELL:  What I suggest is this:  on page 169 we have
    26        "breaks legislation" and provisions (A), (B) and (C).  If
    27        that form is going to be completed accurately and in good
    28        faith, I would expect that "insufficient breaks" -- "no two
    29        breaks" speaks for itself; "over six hours" speaks for
    30        itself; "no break" speaks for itself -- "insufficient
    31        break" might mean almost anything but, I would suggest,
    32        must mean insufficient by the standards set down in (A),
    33        (B) and (C) above.
    34
    35   MR. MORRIS:  Yes.
    36
    37   MR. JUSTICE BELL:  (A) or (B) or (C) above.
    38
    39   MR. MORRIS:  Yes.  It does say under the -----
    40
    41   MR. JUSTICE BELL:  If I can carry on thinking aloud: where there
    42        is a date in the schedule in the bottom half of that page,
    43        I would have thought 12.8.93 could only apply to what
    44        appears on the printout, which is dated 12.8.93, which
    45        would be in fact for 11th August, or what appears on the
    46        printout, dated 13.8.93, which would in fact be for the
    47        calendar date 12.8.93.  It is either the latter one,
    48        because that is actually for the calendar date 12.8.93 or
    49        it is the former one, because someone has put down the date
    50        which is at the top of the printout, even though it is not 
    51        for that calendar date, which is an easy mistake, as it 
    52        were, to make. 
    53
    54        If what you do is, you look at the clock card files,
    55        therefore, for 11th and 12th August, the 25th and 26th
    56        August, and, assuming that the third date is 17th August
    57        or, although it does not come in chronological order, the
    58        16th and 17th August, and you make a photocopy of them and
    59        you just put a cross against the name of the person on
    60        them.  You need not write in "less than 45 minutes" or

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