Day 303 - 19 Nov 96 - Page 15
1 the week with the payslip which has a gross on it, or at
2 the end of a fortnight a payslip which has a gross on it,
3 which comes to at least all the minimum rates including the
4 overtime rates, you are in the clear, whether Mrs Pearce's
5 evidence... It cannot help me on the proper construction
6 of the legislation, the most it could come to is that even
7 if the legislation is in your favour it appears they would
8 say that the Inspectorate knew and thought that it was all
9 right.
10
11 You say, no, there is no reason to suppose the Inspectorate
12 would have known because they would not clamber over all
13 the records to track it down, Mr. Pearson would have said
14 that is probably because they did not realise how great a
15 proportion of full-time workers were working more than 39
16 hours a week.
17
18 MR. MORRIS: Yes. I think she said something about he checked
19 12, he would check, say, something like 12 staff, and they
20 may be management, they may be crew. Of course, that would
21 leave an average of six, say, crew on each visit, who knows
22 what he found? But in any case, she was asked about
23 overtime. She actually said that she thought overtime will
24 be paid, time and a half et cetera. I cannot remember
25 where I asked her about it. I do think if you are going
26 give any weight whatsoever to this if you can read the
27 whole day, because it will save time now if I do not have
28 to.
29
30 MR. JUSTICE BELL: I have heard all the evidence. I am not
31 going to promise to read through all that again. You would
32 get a judgment in about four years' time if I read every
33 line. I am going to be selective about what I re-read, but
34 I think I have got your point. Your main point in any
35 event is that you say that McDonald's pay starting rates
36 which are at or above the minimum, but the minimum in any
37 event is clearly a low rate in the under privileged
38 industry, that although they may pay a little more by
39 reason of pay reviews, it is only a pittance five, ten, 15,
40 whatever pence, that they do not pay any overtime rate,
41 that a significant proportion of full-time workers work
42 overtime, so since they do not get the one and a half any
43 gain which they have made by their five pence, 15, premium
44 rates and so on, is cut into.
45
46 MR. MORRIS: That is right.
47
48 MR. JUSTICE BELL: They are brought back to mere, what is a
49 pathetically low legal minimum.
50
51 MR. MORRIS: They cannot get their full overtime time and a half
52 payment from five, ten, it is impossible, because they
53 would have to work.
54
55 MR. JUSTICE BELL: They might.
56
57 MR. MORRIS: One or two might get it a small percentage might be
58 lucky.
59
60 MR. JUSTICE BELL: I thought you were going to say, suppose
