Day 207 - 23 Jan 96 - Page 12
1
2 Q. Do you know whether there is any provision that he should
3 take it some time during hour 2 and 3, or whether it is
4 sufficient if he takes the 15 minute break some time during
5 the four hours?
6 A. I do not know.
7
8 MR. MORRIS: Shall we go to page 169? We have here "Breaks
9 checklist". This is the McDonald's summary of the law, is
10 that correct, on breaks: "Where the hours of employment
11 include the hours from 11.30 to 2.30, an interval of not
12 less than three quarters of an hour shall be allowed
13 between those hours for dinner; (B) Where the hours of
14 employment include the hours from 4.00 to 7.00, an interval
15 of not less than half an hour shall be allowed between
16 these hours for tea; (C) intervals for meals shall be
17 arranged so as to secure that no person shall be employed
18 for more than six hours without a period of at least 20
19 minutes being allowed".
20
21 Does that refresh your memory on what the laws are?
22 A. Yes, it does.
23
24 Q. But that is accurate; yes?
25 A. Yes.
26
27 MR. JUSTICE BELL: That is where you do cross the line, you see,
28 because it is not for the witness to say whether it is the
29 law or not. Certainly, you can ask him whether that was
30 his understanding that was the position. I am obviously
31 going to need some help on it, because if someone worked
32 from -- I do not suppose anyone ever did -- 11.30 until
33 2.30, that was their shift, as I understand it, they would
34 not be entitled to a break at all.
35
36 MR. MORRIS: But look under these regulations, they certainly
37 have to have ------
38
39 MR. JUSTICE BELL: I mean, it is obviously an abbreviation,
40 because they have got to be working sufficient hours in
41 their shift to justify the three-quarter hour break
42 anyway. If someone was on a shift which was only from
43 11.30 to 2.30, it would be three hours, and it maybe, on
44 what you have adduced so far, they would not be entitled to
45 a 15 minute break. There may be some other provision which
46 says that if you work over what for a lot of people is the
47 lunch hour like that, then you are entitled to.
48
49 I am merely making the point (which I know from what he has
50 said, Mr. Rampton has got, but I want to make sure you have
51 got as well) that the law is whatever the law is and I have
52 got to decide that. You are going to have to educate me as
53 to it so I am sure I have got it right in due course if you
54 are mounting a point that McDonald's have been in breach of
55 it.
56
57 MR. MORRIS: Right. It does say: "The above legislation needs
58 to be incorporated into the Company's break allowance".
59
60 MR. JUSTICE BELL: But I do not know whether they have got it
