Day 302 - 18 Nov 96 - Page 50


     
     1        hours, is flexible working a good thing or bad thing.
     2
     3   MR. MORRIS:   Mr. Pearson brings this up as a bad thing in the
     4        context of the difficulty of keeping tabs on McDonald's
     5        with their failure to pay overtime.
     6
     7   MR. JUSTICE BELL:   I understand that.  I thought you were just
     8        making a point, just as introduction of bad eating habits,
     9        so they have introduced bad flexible working habits.  I do
    10        not think that is your point.
    11
    12   MR. MORRIS:   No.  The point I was saying is that the bad thing
    13        they have introduced is the withdrawing of any workers'
    14        guarantees on the number of hours.
    15
    16   MR. JUSTICE BELL:  Is that something which has greatly
    17        increased?  I do not know about that.
    18
    19   MR. MORRIS:   I would say yes.  According to Mr. Pearson, it
    20        has.
    21
    22   MR. JUSTICE BELL:   What did he say about that?  Just read the
    23        little bit where -----
    24
    25   MR. MORRIS:   I think that you have to read the bit at the
    26        bottom of page 53 ---
    27
    28   MR. JUSTICE BELL:   I have made a note of the reference.
    29
    30   MR. MORRIS:  -- in terms of what is a rest day and what is not a
    31        rest day.  "An inspector," he says, "would average out a 13
    32        week period, the usual practice."
    33
    34        Then he says: "In the early to mid 1980s, if you like, the
    35        flexing of the employment contract, if you go back 10
    36        years, was not really so well developed.  There was
    37        generally an understanding of:  this is a rest day, this is
    38        a work day.  The flexing of contracts, which is a feature
    39        of the late '80s to '90s, has come with the abolition of
    40        wage councils and other statutes."
    41
    42        He is talking about the rest day provisions, which is to
    43        protect people from overwork.
    44
    45        He says: "Once the statutes are abolished it is open season
    46        on what is the rest day, if you follow my general meaning."
    47
    48
    49        The rest day brought with it double time or a day off in
    50        lieu, things like that.  I am just trying to see if there
    51        are any other things.  (Pause)
    52
    53        Anyway, that is the only thing he refers to specifically
    54        then.  But we would say that McDonald's have pioneered
    55        employment practices or been part of that pioneering front
    56        which has taken away rights and traditions that previously
    57        existed, including trade union rights and other things.
    58
    59        He then moves, on page 54, line 43, about -- just in case
    60        McDonald's should say: "Yes, well, Mr. Alimi only lost

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