Day 312 - 11 Dec 96 - Page 11
1 even on the basis of that I had put it, that you were right
2 that overtime was time and a half basic rate. The fact is,
3 nevertheless, there was an under-payment by the minima at
4 that time.
5
6 MR. RAMPTON: Yes, and not just in that fortnight either.
7
8 MR. JUSTICE BELL: No. I have just seen what comes to. In fact
9 there is a total of about £62.61 short payment from the
10 legal minimum.
11
12 MR. RAMPTON: Yes.
13
14 MR. JUSTICE BELL: Which is a matter no doubt of general
15 interest only. Compound interest of about 10 per cent
16 would be worth about £175 now.
17
18 MR. RAMPTON: It is a perfectly fair point. I mean there is no
19 way round it so far as we are concerned. Although if you
20 look at the whole period Mr. Alimi comes out on top, I am
21 not going to submit that that is the right way of looking
22 at it.
23
24 MR. JUSTICE BELL: He is entitled to what his employers have
25 agreed to pay him anyway.
26
27 MR. RAMPTON: Yes.
28
29 MR. JUSTICE BELL: I just wanted to make sure I had understood
30 that. Can you remind me, if I bother to look back at the
31 transcript and the source documents in relation to the
32 legislation at the time I would no doubt find it
33 immediately. What does UPR 70 or 72 stand for?
34
35 MR. RAMPTON: That is the actual notice or order. How the Wages
36 Council distinguish between notices and orders I am not
37 quite sure, but it is a 32 or 33 page document in pink 12.
38 I think the tab number is 26.
39
40 MR. JUSTICE BELL: You cannot remember what the words "UPR"
41 stand for?
42
43 MR. RAMPTON: Yes, Unlicensed Places of Refreshment.
44
45 MR. JUSTICE BELL: Thank you. Yes.
46
47 MS. STEEL: Just before we start, you asked for this the other
48 day and it has taken me a bit of time to bring it into
49 court, but it is a copy of the amended Defence.
50
51 MR. JUSTICE BELL: Yes, thank you. (Handed).
52
53 MR. MORRIS: Can I say while we are on that last subject, it
54 should be borne in mind that Mr. Alimi's calculations did
55 not include Sunday considerations. The Plaintiffs said
56 that, and also of course that it was fortnightly.
57
58 MR. JUSTICE BELL: I have to say that I may not be terribly
59 interested in the amount. I am just interested in whether
60 there is a risk that if you follow the McDonald's way of
