Day 181 - 01 Nov 95 - Page 02
1 Wednesday, 1st November, 1995
2
3 MR. JUSTICE BELL: As you were clearly reluctant last night to
4 do a calculation -----
5
6 MS. STEEL: I was just going to say something about that,
7 actually.
8
9 MR. JUSTICE BELL: Have you done one? I am not unsympathetic,
10 because I know, having done one, that it can take a long
11 time. So let me say what I was going to do. What I did
12 overnight was pick the time slip for the fortnight ending,
13 I think, 18th October 1986, of Mr. Alimi. I have done some
14 calculations. Assuming that certain premises are correct,
15 on my calculation, Mr. Alimi was paid about ยท48 less than
16 the statutory minimum (according to the Wages Council
17 figures) for that fortnight. I do not want anyone to
18 assume that that is so, because there are all sorts of
19 respects in which I may be wrong or I may have overlooked
20 something.
21
22 So, rather than take it any further at the moment, what
23 Mr. Glen is doing is word processing out a note with my
24 calculations and the bases for it on it, which I will hand
25 down to the parties and you can check it through.
26
27 MS. STEEL: Right.
28
29 MR. RAMPTON: All I can say is that I used the same one as
30 your Lordship and got a completely different figure, but
31 for the moment -----
32
33 MR. JUSTICE BELL: What I did was, I assumed that -- it may be
34 an assumption in McDonald's favour, but nevertheless --
35 that he worked 47.1, or whatever it was, hours in each
36 week. That is exactly half of the 94. I worked out what
37 he would be paid, using the minimum rates for basic evening
38 and premium, which are in fact a percentage of a penny less
39 than he was actually being paid by McDonald's. But then
40 I added on, I think it was, 8.1 hours overtime taking one
41 and a half times the minimum basic rate. That brought a
42 figure out above what he was paid. In fact, what he was
43 actually paid was a few pence more than the minimum would
44 have given him without taking any overtime rate into
45 account at all.
46
47 Rather than say any more at this stage, what I suggest you
48 do is, subject to anything Ms. Steel wants to say about it,
49 you wait and then you can go through my note comparing it
50 with the documents which are just the Wages Council notice
51 and that payslip.
52
53 My main purpose in doing it is that I do not want to assume
54 that McDonald's did pay him less than the Wages Council
55 notice required without my figures and the assumptions
56 I have made being carefully checked.
57
58 MS. STEEL: If I just say, that was one of the ones I did; and
59 I cannot say I got the same figure as you, but I did make
60 it that they had not paid what he was legally entitled to.
