Day 133 - 12 Jun 95 - Page 58


     
     1        therefore, they have a period of time which they are kept
     2        on the books so they do not lose their accrued performance
     3        pay automatically, so they have the right to keep that pay,
     4        yes, an automatic right to keep that pay should they come
     5        back within six weeks, yes?
     6        A.  No.  The way it works is if someone is taking some time
     7        off that is one thing.  If they are leaving that is a
     8        different thing.  So there are two distinct scenarios
     9        combining.
    10
    11   MR. JUSTICE BELL:  They are not necessarily the same thing, are
    12        they?  You might say "I am definitely going"?
    13        A.  Yes.
    14
    15   Q.   Then you would remain on the books for six weeks.  Is that
    16        possible?
    17        A.  No.  If you said you were definitely leaving then your
    18        employment would be ended as at the date at which you
    19        left.  The period of six weeks, the rates whereby that is
    20        the period of time that someone could still be current and
    21        not be working if they have pre-agreed that, that is if
    22        they will not actually be leaving, whereas these are two
    23        different things: one is when someone is leaving and one is
    24        when somebody takes time off.  In most cases the guideline
    25        is six weeks someone could be off not working.
    26
    27   Q.   If you come back within the six weeks it does not
    28        necessarily mean you can start at your old rate of pay any
    29        more, as I understand it, than if you come back after six
    30        weeks.  It means that you cannot start at your own rate of
    31        pay.  It is a matter, you say, for the manager to decide in
    32        all the circumstances.  Have I misunderstood you?
    33        A.  That is true, but if you remain on the payroll for this
    34        six-week period, yes, you would be entitled ----
    35
    36   Q.   If you remain on the payroll because you had not said "I am
    37        definitely going" and you came back within the six weeks,
    38        then you would start at your old rate, you are saying?
    39        A.  That is right.  If I could explain, the six weeks is a
    40        period of absence.  It is not to do with people leaving, if
    41        that helps.  That is a period of time for things like study
    42        leave and holidays.  It is distinct from the arrangements
    43        that would be made by someone who was actually terminating
    44        their employment.  So if they were off for six weeks, then
    45        they would remain current on the payroll and they would
    46        automatically resume on the same rate.  If they left and
    47        then came back at six or seven weeks, that is when, as you
    48        say, all the other factors are taken into account as to
    49        what rate they would restart and so on.  Does that help?
    50 
    51   MR. MORRIS:  It seems to me that for many people, we have looked 
    52        at the average scheduling time, something around 20 hours, 
    53        a substantial amount are working under 20 hours a week?
    54        A.  Yes.
    55
    56   Q.   We have seen that from the figures.  What percentage of
    57        people -- people do not come in every week, do they,
    58        anyway?
    59        A.  Some people do not work every week, no, that is right.
    60        I do not know what the figures are.

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