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

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