Day 208 - 24 Jan 96 - Page 28


     
     1
     2   Q.   I mean, I am asking you.  You said you have definitely done
     3        12.00 to 4.00.  Have you done 11.00 to 3.00?
     4        A.  I would probably do -- if I started at 11.00, I would
     5        probably finish at 4.00, anyway.
     6
     7   Q.   So that is quite a normal shift, is it, 11.00 to 4.00?
     8        A.  I would not say it was normal, but I have done it, yes.
     9
    10   Q.   That would cover the whole lunchtime period?
    11        A.  Yes.
    12
    13   Q.   On an 11.00 to 4.00 shift, that is five hours ---
    14        A.  Yes.
    15
    16   Q.   -- how much break would you get for that?
    17        A.  Half an hour.
    18
    19   Q.   And that is what happened to you?
    20        A.  I probably would not have taken half an hour, but that
    21        is my decision; and, at the end of the day, the Managers
    22        concerned could not really do anything about it.
    23
    24   Q.   You prefer to work through, because ---
    25        A.  I would have taken -----
    26
    27   Q.   -- you do not want to lose that -----
    28        A.  Well, I would not say that.  I would have taken a break
    29        but, to be honest, the crew room is not the most exciting
    30        place to be, and so I would have just gone back on the
    31        floor.
    32
    33   Q.   If we look at page 263, we can see that the break
    34        allowances are established there.  If you work up to four
    35        hours, you get 15 minutes; up to five hours, 30 minutes; up
    36        to 10 hours, 45 minutes; and over 10 hours, one of
    37        45 minutes and one of 20 minutes.  Then it says
    38        "exceptions": "Shifts including the hours 11.30 to 2.30.
    39        If your shift includes the entire period 11.30 to 2.30, you
    40        will automatically be entitled to a break of at least
    41        45 minutes, i.e. if you are scheduled 11.00 until 3.00,
    42        which is only a four hour shift, because you are working
    43        the entire period of 11.30 to 2.30, you are entitled to
    44        45 minutes rather than the usual 15 minutes for a four hour
    45        period."  Did you know that?
    46        A.  Yes I did.
    47
    48   Q.   So, is the situation that the Company laws and standards
    49        are not applied in this area when it comes to breaks?
    50        A.  When it comes to breaks, the majority of the time it is 
    51        down to the individual.  You cannot actually ----- 
    52 
    53   MR. JUSTICE BELL:  Keep your voice up, please.  When it comes to
    54        breaks -----
    55        A.  It is down to the individual at the end the day,
    56        because you cannot actually have a Manager standing at the
    57        clocking-in machine making sure somebody takes 45 minutes;
    58        it is just not possible.
    59
    60   Q.   Well, is being put to you is that, regardless of what the

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