Day 121 - 04 May 95 - Page 05

     
     1        A.  Yes.
     2
     3   Q.   Page 3, it says:  "Only on rare occasions would breaks be
     4        shortened,.  For example, if the store was extremely
     5        busy".  I thought people were entitled to breaks?
     6        A.  They are.
     7
     8   Q.   So does that concern you that, even if it is on rare
     9        occasions that people's entitlement can be shortened?
    10        A.  It would depend how long it was shortened, and it would
    11        depend what kind of recompense they were getting for
    12        shortening their breaks.
    13
    14   Q.   For your information, this is the Colchester store we are
    15        talking about.  Did you know that?
    16        A.  Yes, I have read that in here.
    17
    18   Q.   It is something which I was going to ask you about anyway,
    19        about the Company.  It says in the last couple of sentences
    20        that the Company changed from paid breaks to non-paid
         breaks?
    22        A.  Yes.
    23
    24   Q.   So, that is the situation now, is it not, that breaks are
    25        not paid for?
    26        A.  I do not know.  It is -- I am not trying to be
    27        unhelpful, but to ask me what the situation is now in
    28        Operations, I really do not.  I may know some of the
    29        answers.
    30
    31   Q.   But when you were Head of Personnel, you were aware the
    32        situation changed to non-paid breaks?
    33        A.  I know some Regional Managers do that, yes.
    34
    35   Q.   Paragraph 10, page 4, Mark Davis says that accident
    36        book -- first sentence -- he understands, no longer
    37        exists for that store at that time, because but it is only
    38        kept for five years.  Is that your understanding, that
    39        accident books are kept for five years?
    40        A.  Well, they keep them for five years, should they wish,
         but the regulation is that they must be kept for three
    42        years after the last entry.  That is the legal requirement.
    43
    44   Q.   But Mark Davis, his opinion, his evidence, his
    45        statement  -----
    46
    47   MR. RAMPTON:  That is not right.  Mr. Morris must not tell
    48        Mr. Nicholson that, Mr. Nicholson is not a lawyer.  It is
    49        not evidence.
    50 
    51   MR. MORRIS:  It is a statement. 
    52 
    53   MR. RAMPTON:  It is a statement. That is all.  He is entitled to
    54        put a statement made by a McDonald's person and signed by
    55        him, but it is not evidence.
    56
    57   MR. MORRIS:  I think it is, but that is another matter.  Anyway,
    58        his statement says that it is kept for five years, so is
    59        that the Company practice, to keep accident books for five
    60        years, whatever the legal requirements are?