Day 207 - 23 Jan 96 - Page 19


     
     1        A.  I cannot remember being told about them, the marks.
     2
     3   Q.   Did you even know that you got nought out of 40?
     4        A.  To my knowledge, no.
     5
     6   MR. MORRIS:  Just at the bottom of the page, the last point on
     7        the audit now, it says: "Went over six hours without a
     8        break.  Several incidents in just the first days of
     9        October, working closes.  This is against Company policy.
    10        One incident of less than 11 hours between shifts."  This
    11        is October 1994.  You are aware that those are breaches of
    12        Company policy, are you?
    13        A.  It says they are, yes.
    14
    15   Q.   I am just consulting with Ms. Steel.
    16
    17   MR. RAMPTON:  While Mr. Morris does that, my belief is -- and
    18        I will tell your Lordship in due course -- the law changed
    19        on 16th January 1990, and the restriction on under-18s
    20        working past midnight was removed in its entirety.  All
    21        that is a matter of law.  By the Employment Act 1989, all
    22        that was left was a restriction on the restrictions on
    23        employing people of school age.  The reference to the
    24        memorandum by Mr. Nicholson is volume 12, tab 43.
    25
    26   MR. MORRIS:  My recollection of that memorandum was about
    27        under-18s, not about general employment law.  Is
    28        Mr. Rampton saying that employment legislation ceased as
    29        from 16th January 1990, apart from under-18s?
    30
    31   MR. RAMPTON:  No.  The restriction on under-18s had existed and
    32        was removed (it is my belief) by the Employment Act 1989,
    33        which came into force on 16th January 1990.  Thenceforth
    34        there was no restriction on under-18s working past
    35        midnight, only on the employment of people of pre-school
    36        leaving age, as a matter of law.
    37
    38   MS. STEEL:   Could we have five minutes to sort out, if we are
    39        going to go on to the next -----
    40
    41   MR. JUSTICE BELL:  Yes, you can.  What I suggest you do, if you
    42        have it here -- and if you need more than five minutes, say
    43        so -- is have a look at pink 12, tab 43.  That is just a
    44        memorandum from Mr. Nicholson as Chief Personnel Officer.
    45        But the inference of this is that Mr. Rampton expects, if
    46        it comes to the crunch, to be able to support that from the
    47        legislation and any regulations made under it.  Let me just
    48        turn mine over.  Is five minutes enough?  I am not asking
    49        you to read it through now while I am here.
    50 
    51   MR. MORRIS:  It probably will be, because this document only 
    52        applies to under-18s, in any event.  It does not apply to 
    53        all the legislation regarding breaks and things like that.
    54
    55   MR. JUSTICE BELL:  No.  I appreciate that.  I am merely giving
    56        you the opportunity to look at it.  For all I am aware, you
    57        remembered it all anyway.  Quarter to 12.
    58
    59                         (Short Adjournment)
    60

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