Day 180 - 31 Oct 95 - Page 52


     
     1        A.  There would have to have been an inquiry, because there
     2        was no time and a half provision in the contract.
     3
     4   Q.   Well, that is -----
     5        A.  Do you know what I mean?
     6
     7   Q.   So you mean that if they did work overtime but no overtime
     8        was paid, then there would be an inquiry?
     9        A.  If it had been known, yes; and, really, the importance
    10        of the Wages Council document which has been opened to the
    11        court really lies at page 639, 640, 641, because -----
    12
    13   Q.   Let me just turn it up.
    14        A.  If you look at page 63, paragraph 6 defines the London
    15        area -- top of the page -- grade-related minimum weekly and
    16        hourly rates; five grades; and group 4 would cover service,
    17        cashier, refreshment.  Possibly, group 4 would be the crew
    18        category.  Minimum hourly rate, 1986, £2.053.
    19
    20   Q.   That is 18 and over?
    21        A.  18 and over; and a percentage of the adult rate
    22        applicable to young workers, 39 hour week.  Over the page,
    23        you have the outer London, outside London rates, same
    24        categories; six pence lower now on the group 4; there is a
    25        pay differential of six pence; 39 hours.  Then page 641,
    26        you have the overtime and other premium payments, and there
    27        are four bases for overtime pay.  Category 3 is the basic
    28        overtime provision of time and a half, but, as it says,
    29        exclusive of time worked on a weekly rest day or a
    30        customary holiday; and categories 1 and 2 provide for time
    31        and one eighth between 7 and 11 p.m., time and a quarter
    32        between 11 p.m. and 7 a.m..  On a weekly rest day,
    33        category 2, double time.  Although it says the hourly rate,
    34        the premium is the hourly rate, which means it is double.
    35        Then -----
    36
    37   Q.   Just pause a moment.
    38        A.  I am sorry.
    39
    40   Q.   I do not follow what you have just said then, on the weekly
    41        rest day -----
    42        A.  For all time worked, the premium is the hourly rate; in
    43        other words, it doubles.
    44
    45   Q.   I see, yes.
    46        A.  So, you can see from the complexity of the overtime
    47        provisions on page 641 why the roundabout method of saying
    48        that it might all add up to the right figure in the end is
    49        really not the point.  The point is that premium payments
    50        were payable based on the following characteristics:  the 
    51        time ----- 
    52 
    53   Q.   Just pause a moment.  Yes?
    54        A.  The time of day, that is, the day of the week, the rest
    55        day or not and the customary holiday or not.  Now, in
    56        terms, my Lord, of basic employment practice if, as I
    57        believe the case, branch managers at McDonald's were not
    58        trained up in these rates because the overtime rate did not
    59        apply -----
    60

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