Day 181 - 01 Nov 95 - Page 13


     
     1        practice -- which of course, effectively, is a contractual
     2        issue -- but unwritten custom and practice, particularly in
     3        catering, is that it is hot, it is tiring, and a quick
     4        refreshment whilst on duty, whilst working -- you know, not
     5        abused -- but a quick refreshment, would be customary.
     6
     7   Q.   Would that be up to the employee or to the Manager to
     8        decide?
     9        A.  It would typically be, in the end, laid down by
    10        management, of course.
    11
    12   Q.   It may be a daft question, but if you are working five
    13        hours nonstop in a kitchen environment without a meal
    14        break, how many drinks breaks would you think would be
    15        reasonable?
    16
    17   MR. JUSTICE BELL:  Quite frankly, I do not think that is
    18        necessary.  I do not think Mr. Pearson can help me on that.
    19        You have got to allow, you know, for -- I have got some
    20        experience of the world.  I have to use my own judgment.
    21
    22   MR. MORRIS:  The final question I have to ask -- I think it is
    23        our final question -- it has been said that there are no
    24        guaranteed hours at McDonald's; nobody knows from one week
    25        to the next how many hours they are going to get, whether
    26        they are full-timers or part-timers, but particularly in
    27        the case of people that are elected to be full-timers.  Do
    28        you have any comment about that?
    29        A.  Yes, I do.  I have never really understood how that
    30        employment condition sits with page 643 of the
    31        Wages Council document concerning guaranteed payments.
    32
    33   Q.   Can you explain, because I -----
    34
    35   MR. JUSTICE BELL:  No.  Let me just find it, first of all.  Let
    36        me read that part. (Pause)  Yes?
    37        A.  The definition of "full-time" in this context is given
    38        on page 631: "A full-time worker for the purposes of
    39        paragraph 12 means a worker who normally works 36 hours a
    40        week."  The reason -----
    41
    42   MR. MORRIS:  Mr. Pearson -----
    43
    44   MR. JUSTICE BELL:  Just wait a minute.  You are much more
    45        familiar with these than I am. (Pause) Yes?
    46
    47   MR. MORRIS:  Can I say, I think McDonald's have said that if
    48        someone signs up as a full-time worker, that would normally
    49        mean between 35 and 39 hours a week?
    50        A.  I am talking -- I have been asked about the 39 hour 
    51        week issue.  What I am saying is, the Wages Council 
    52        provides for a guaranteed payment under three conditions: 
    53        the full-time worker does 36 hours a week; they must have
    54        done three months' service to qualify [paragraph 3, 12(3)];
    55        thirdly, flexibility [paragraph ii(a)], the flexibility
    56        that if your usual option is not available, you do
    57        something else.  Why is this here?  It recognises the
    58        seasonality of the catering industry.  It covers not
    59        part-timers, but full-time workers for whom there may be
    60        peaks and troughs of available work.  So, a seaside cafe

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