Day 121 - 04 May 95 - Page 65


     
     1        A.  Yes.
     2
     3   MR. MORRIS:  It is tab 35, the statement of Glen Peter Hamilton
     4        Prosser.  Do you have that?
     5        A.  Yes.
     6
     7   Q.   Previously store manager of the Swindon restaurant and
     8        currently the store manager of the Cardiff 2 restaurants;
     9        do you happen to know Mr. Prosser?
    10        A.  I do not think so.
    11
    12   Q.   On page 234 in paragraph 11 Mr. Prosser writes or states as
    13        part of the evidence in this case in the middle of that
    14        paragraph:  "It is probably true to say that there were
    15        occasions when an employee did not get all their allocated
    16        break allowance.  However, I would stress that these were
    17        on extremely rare occasions.  As mentioned above, under 18
    18        year olds worked past their lawful time only on one or two
    19        rare occasions because of the manager's oversight."
    20
    21        Does it concern you that under 18 year olds may work past
    22        their lawful time -- in fact, have worked past their lawful
    23        time, even if it was only on one or two rare occasions?
    24        A.  Yes, it does, but it pleases me ----
    25
    26   Q.   It is breaking the law, is it not?
    27        A.  Of course it is, but it pleases me to see that it was
    28        found and it was dealt with.
    29
    30   Q.   He says it was "only" as if it was hardly worth mentioning
    31        really because it was only on rare occasions, one or two
    32        rare occasions?
    33        A.  No, I think he is admitting to the fact that someone
    34        erred.  I mean, mistakes do happen, and he has said there
    35        it was due to a manager's oversight.
    36
    37   Q.   That is hearsay.  We do not know about that, do we?  We
    38        will wait until he comes to court.
    39        A.  You have asked me to comment upon that paragraph.
    40
    41   MR. RAMPTON:  To be fair, the question was, was Mr. Nicholson
    42        concerned about it.  It depends on the circumstances.
    43
    44   MR. MORRIS:  Does it depend on the circumstances so far as you
    45        are concerned?
    46
    47   MR. JUSTICE BELL:  You would be concerned -- you said you would
    48        be concerned about it?
    49        A.  Yes, I would be concerned and I add I am pleased to see
    50        that it was found and it was dealt with. 
    51 
    52   MR. MORRIS:  It does not say it was dealt with, does it? 
    53        A.  I do not know.  The fact that he has put it in his
    54        statement I think indicates that he has done something
    55        about it.
    56
    57   MR. JUSTICE BELL:  I think that is fair enough.  It does not say
    58        what happened when it was discovered.  Anyway, one occasion
    59        is one too many?
    60        A.  In my opinion, yes, my Lord.

Prev Next Index