Day 303 - 19 Nov 96 - Page 02

     
     1                             Tuesday, 19th November, 1996
     2
     3   MR. MORRIS:  Yes.  I am very sorry about that.  I left half of
     4        my papers at home.  I thought it was better to go and get
     5        them while we are doing it rather than leave it to....
     6
     7   MR. JUSTICE BELL:  Yes, press on as best you can.
     8
     9   MR. MORRIS:  I am doing my best.
    10
    11   MR. JUSTICE BELL:  We will see where we have got to at four
    12        o'clock.  We will not have a break this morning, unless one
    13        is specifically asked for.
    14
    15   MR. MORRIS:  I was doing Mr. Pearson, if I can find his
    16        paper somewhere.  I will try and finish him off a bit
    17        more quickly today.  The second day of evidence of
    18        Mr. Pearson ----
    19
    20   MR. JUSTICE BELL:  Yes.  You said you thought a lot of this was
    21        repetition?
    22
    23   MR. MORRIS:  Yes.
    24
    25   MR. JUSTICE BELL:  What are the important points then?
    26
    27   MR. MORRIS:  I am going to flick through it quickly.  I have
    28        only marked up a few on the second day.  On page 3 he does
    29        emphasise that he feels that overtime is time and a half on
    30        the premium.  That is the bottom of page 3.
    31
    32        Then there were the various Orpington time charts, the
    33        bottom of page 6, which is significant because at that
    34        stage it was the only one we had ever seen and it had five
    35        illegal actions recorded by the Company of illegal hours
    36        worked.  At the bottom of page 6, also included, I think it
    37        was, the one that had 17 per cent of all the entries were
    38        people who had worked overtime and, of course, not been
    39        paid.  So that would be illegal as well, in addition to all
    40        the illegal hours worked.
    41
    42        Then various calculations made on page 7 about that.
    43        Actually, I put to him, at the bottom of page 8, that
    44        I calculated that 25 per cent of all the people on those
    45        two pages that we had worked over 40 hours and 12.5 per
    46        cent worked over 45 hours, and asked him if he had any
    47        concerns, and he obviously did.  That is at the top of page
    48        9.  He said: "The obvious point is that there is a
    49        substantial overtime problem in McDonald's which appears
    50        not to be rewarded on the statutory basis, from the
    51        evidence in the payslips in this enclosure, Bishop - that
    52        is Joanne Bishop - Alimi.  In addition, it is extremely
    53        disturbing that Mary....Thomas....worked three hours beyond
    54        the legal maximum applicable at that time."  Etcetera,
    55        etcetera.
    56
    57        Then he says, at line 41 on page 9:  "It seems to be a
    58        systemic problem".
    59
    60        Then there is discussion about the quality of the meals, or