Day 121 - 04 May 95 - Page 21


     
     1        orders are shouted.
     2
     3   MR. JUSTICE BELL:  Does anything in that paragraph -- forget
     4        the first sentence because that is a matter of Mr. Davis'
     5        opinion -- in the middle sentence surprise you at all?
     6        A.  No, no.  I think "frantic" probably gives a -- no,
     7        I think that is a fair sentence, yes.
     8
     9   MR. MORRIS:  If we note in paragraph 42, the last line on page
    10        223, it says:  "There were occasions when employees,
    11        especially floor managers, would have to work part of their
    12        break if the store was surprisingly busy".  That relates to
    13        a previous question; it does happen?
    14        A.  I think it probably does.  Especially floor managers;
    15        they are part of the management team.
    16
    17   Q.   OK.  Are they hourly paid or salary paid?
    18        A.  They are hourly paid.  This is the kind of link between
    19        the hourly paid workers and becoming salaried management
    20        staff.
    21
    22   MR. JUSTICE BELL:  That is the top, before the line?
    23        A.  It is, my Lord, yes.  And floor managers can be
    24        shift-running managers, so they could be in charge of the
    25        restaurant at times of the day.
    26
    27   MR. MORRIS:  We have been through quite a lot of practices which
    28        you have expressed concern about, or indications of things
    29        that were inappropriate, bad scheduling practice or
    30        whatever.  If a store, such as we have seen here, which you
    31        have commented on, from the statement of one of your own
    32        witnesses, would you have had -- what action on the -----
    33
    34   MR. JUSTICE BELL:  Start again.
    35
    36   MR. MORRIS:  Those things that we have identified as being
    37        practices that were happening in the Colchester store,
    38        would you have been happy, looking at that store overall
    39        and those practices that we have talked about in the last
    40        hour and a half?
    41        A.  Which practices?  Which ones in particular?
    42
    43   Q.   I do not want to go through it all again.
    44
    45   MR. JUSTICE BELL:  The things which you have accepted, or which
    46        have been put to you happened, bearing in mind that
    47        Mr. Davis has said, "on occasions" or "rarely" or "from
    48        time to time", taking all that into account, are you
    49        concerned about the things which have been put to you that
    50        Mr. Davis in his statement appears to accept did happen? 
    51        A.  No, I am not concerned. 
    52 
    53   MR. MORRIS:  If those things were happening all over the
    54        country, that would be quite normal, so far as you are
    55        concerned?
    56        A.  No, I think people working 50 hours would be unusual.
    57
    58   Q.   But the things which you have expressed concern about
    59        as "inappropriate" or ----
    60        A.  Please name them again.

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