BETWEEN: (2) MCDONALD'S RESTAURANTS LTD.
- AND - (2) HELEN MARIE STEEL (4) DAVID MORRIS
PLAINTIFFS' CLOSING SUBMISSIONS VOLUME 5 COLCHESTER BATH HEATHROW
BARLOW LYDE & GILBERT |
Summary
1. Various detailed allegations have been made by the Ds' witnesses (Gitney, Alimi, Shafibeik, Harrison, Harrison (Scannell) and Coton).
2. Individually, most allegations are (with one exception) of no particular consequence.
3. The question is whether the allegations are true; and, to the extent they are, whether their collective or combined effect is such as to warrant the conclusion that McD's systems are so inherently flawed that persistent and serious employment abuses and malpractices (of one kind or another) are inevitable.
4. As to whether and, if so, to what extent, the individual allegations are true, see the attached analysis of the evidence (done by Mr Atkinson, to whom thanks). This shows (as one would expect) that some of the allegations are credible (eg, U18s working past time), some are false (eg, Stanton, as area supervisor, instructing Coton to get rid of the MFF, inc. Paul Jackson) and some exaggerated (eg, frequent allnight closes).
5. The one truly serious individual allegation is that it was the practice, under Mark Davis' management, and then under Ray Coton's (with Davis' knowledge and approval as area supervisor), to 'dock' the crew's hours (wages) in order to reduce labour costs. This merits separate consideration in this summary.
5.1 It is clear that Coton (on his own admission) did it: at least on two occasions in 1990, once on a considerable scale (29.11.90), by fiddling the computer.
5.2 It is equally clear that Davis neither did it when he was the manager nor knew of or approved it when he was Coton's supervisor; and that Coton's evidence to the contrary is false.
5.3 The reasons why that is so are:
(1) During Davis' time as manager (1.11.84 to 1.8.87), the clocking in/out system was not computerised, so that it would have been impossible habitually to dock the crew's hours (to the extent necessary to make any significant impact on labour costs) without its being very quickly discovered by the crew* (and by the supervisor and, via rap sessions and audits, HR).
*cf Logan: 231 :37:315 (Ans . J); Cox, stmt., pare. 14 ; and Perrett, stmt., para. 11 (both averred in evidence)
(2) None of the Ds' Colchester witnesses (other than Coton) made this allegation. So far as Davis' time as manager is concerned, this is probably conclusive, because
(i) they all worked under Davis*;
*Shafibeik left in September 1984, but came back a year later
(ii) with the exception of Kevin Harrison, they were all at Colchester for some time;
(iii) Gitney became a floor manager under Davis and Kevin Harrison a second assistant;
(iv) they were all sufficiently motivated (for whatever reason) to come to court and give e. against McD's; so that
(v) if Davis had been systematically docking hours to reduce labour costs, it is inconceivable they would not have known of it and said so in Court*.
*For what actually did happen (which is unsurprising) see Kate Harrison: 236:5: 259
(3) Although Coton was man. from 1.8.87, his misuse of the computer to dock hours did not come to light until Sept. 1990 (via Tracy Millane), so that:
(i) if it had been happening on a significant scale before then, it would inevitably have come to light before then*;
*see refs. to Logan,
Cox & Perrett at 5.3(1), ante.
(ii) Davis became area supervisor for Colchester on 1.8.87, but left the area altogether on 4. 2. 91; therefore
(iii) It is not credible that Davis (still less anyone above him) knew and approved of what Coton only started doing on a significant scale (or at all) in late 1990*.
*It came to Skehel's attention only in May/June 1991; the victims were then reimbursed.
6. The primary factual conclusions to be drawn from the Colchester evidence are:
(1) Recruitment and retention of sufficient nos. of staff of the right quality was a persistent difficulty (for a variety of reasons); so that
(2) Understaffing in the rest. was a recurrent problem; so that
(3) U18s sometimes worked past time; and
(4) Service sometimes fell below standard; so that
(5) Labour and food costs, as a % of sales, sometimes became a problem; however,
(6) Despite these difficulties, and without cutting corners a la Coton, Davis managed the rest. with such success that it became Store of the Year in 1987;
(7) Coton, on the other hand, was unable to cope, with the result that he started to cut corners to meet his targets; so that
(8) By Feb. 1991, when Skehel took over as area supervisor, things had reached such a pass that Coton's days were (as, it seems, he realised) numbered.
7. The General inferences which may be drawn from the Colchester evidence are:
(1) The McD's system undoubtedly imposes pressures on managers, and there is (obviously) a tension between the achievement of good sales and the control of food and labour costs.
(2) A manager with the right qualities will, however, be able to cope with the pressures and thus ensure that his 'controllables' (+ a few %) meet his targets.
(3) The most important of those qualities are:
(i) keeping the employees happy; and (which is obviously connected)
(ii) administrative ability.
(4 ) You don't have to be a 'hard nut' to be a successful manager (eg, Davis, Harney; and Roberts, Atkinson, Sexton Norris, Giardina) . But if you don't have both those qualities, you are going to find it difficult to make a success of the job.
(5) Coton is a good example and one can certainly feel some sympathy for him because, although he was obviously well liked by his employees, he simply did not have the administrative abilities (from recruiting to scheduling to food ordering) to ensure that the rest. functioned efficiently (and therefore profitably).
(6) The targets for 'controllables' are agreed between the man. and his supervisor. They are not set in stone and, where they are not met, all that happens (up to a point) is that the supervisor will ask 'Why not? What went wrong? How can you do better?'
(7) When things get to the point where exchanges between the man. and the supervisor have, over a period of time, failed to effect improvement, recourse to higher authority and, in the last resort, replacement of the man. (often by transfer to a less testing restaurant) may be necessary.
(8) The system, which (like most others) is based on the ability of managers (and supervisors) to achieve a balance between cost and profit, is, and always will be, vulnerable to individual weaknesses of temperament or ability. But there is nothing in the system itself which makes it especially vulnerable. It happens that Mr Coton, whatever his other qualities, was an inefficient manager, which is why he eventually resorted to a systematic fraud on his employees in order to reduce his labour costs. This is, however, the sole example of such conduct in all the evidence on employment which has been adduced from all over the world. If the fact were, as the Ds would have it, that McD's were obsessed with cost control, then the pressure to adopt such measures would be endemic and their manifestation epidemic.
*YXB/34D
(As to all of this, see, in particular, the 'Colchester' statement of John Atherton,* paras. 9 and 10 (averred in evidence: 202:5) . )
COLCHESTER: SUMMARY
[ References: 1: Day/2:Page 1
Where no references to transcript, see statements which were adopted as evidence in chief
Food (i.e. watering down shake mix etc.)
BUT is this relevant? Not in leaflet complained of nb relevant, if at all, to credibility
Ds' Witnesses:
SIMON GIBNEY ("SG") [June 84-Nov 87]
ALLEGATIONS:
Frank Stanton ("FS") instructed Mark Davis ("MD") to water down syrups/ketchup/mustard/ milkshake mix/use less lettuce in the burgers/cut the cheese slices into 2 pieces for use in cheeseburgers (2/3 slice when should have been a whole slice) and filetofish (1/3 slice when should have been 1/2 slice)/squeeze frie cartons when filling them (fairly regular). MD held a manager's meeting and instructed SG and others to carry out FS's orders.
179, 33
179, 21
Out of date onions used 'sometimes' + 'quite often' out of date buns. Product in production bin for 20-30 mins rather than 10 'sometimes' 10 mins limit 'hardly ever respected' because, if this not done, would be unacceptable waste levels as far as superiors concerned.
179, 10
Customer complains 'quite often'/'sometimes' about:
cold burger
raw meat (esp. 1/4 1bers because searing problems)
cola tasted funny 'sometimes' 'occasional'
179, 10
shakes too thin or very thick and icy 'sometimes' 'occasional'
reduced lettuce 'quite regular'
179, 33
BUT
(a) SG's allegation that told to put bucketful of water into shake mix at busy periods not credible because would have frozen the machine
179, 27
(b) SG thinks it may have been Ray Coton ("RC") not MD who told SG to water down the shake mix
179, 28
(c) SG says MD knew about it because MD saw SG watering down but cannot give a rough date for that
179, 28
(d) FS instruction: SG no knowledge, only an assumption
179, 28
(e) SG backtracked in XX: i.e.
(i) Mustard not watered down so much because would go runny
179, 30
(ii) ketchup (5 litre carton) only 1" water put into it when half used up i.e. not great saving
179, 3031
(iii) not lots of complaints about cheese portion in filetofish
179, 31,
(iv) reduction of cheese portions only happened after the management meeting (just before MD promoted to Area Supervisor) and nb: only went on for a short time i.e. 2 months
179,32-3,
(v) cola only watered down on Saturday lunchtime maybe
(2 litres into 25-30 litres of syrup)
179,33
(f) SG and others did not do anything about the alleged malpractices because "did not want to cause any trouble"
179,35
(g) not raw meat: 'occasionally' Woody middle of burger.
179,41
SIAMAK ALIMI ("SA") [Oct 85-Aug 87]
ALLEGATIONS:
(a) Defrosted meat or fish cooked and served (because e.g breakdown of freezer)
195, 29
(b) Frequent raw middle of e.g. 1/4 1ber when busy or weak person searing
195, 30
(c) Leftover shake mix used
(d) Out-of-date lettuce and onions used in burgers MD told him to do this
(e) MD told SA to squeeze frie boxes - they did not regain shape
195, 32
(f) 'holding time' never adhered to
BUT
Compare SG SG less exaggerated picture emerged when he was XXed: more likely to be true
RAY COTON ("RC") 1 Jul 84 - Aug 91]
ALLEGATIONS:
(a) Reduced portions e g lettuce, cheese, condiments and sauces
(b) 'Watering down' of items e g. shake mix, colas
(c) Pressure not to throw food away
(d) Other matters referred to by SG, SA, A Brett and the Harrisons RC relying on hearsay
196,6-7
(e) MD and FS applied pressure (1985 to 1989ish stopped in early 1991) came from FS via MD at manager's meeting (BUT nb. RC originally said early 1990)
196,23
(f) 'Sometimes' undercooked burgers because of the flat-topped grill
196,22
(g) Double-brewing of coffee
(h) Saw MD doing these things when he was Store Manager - either watering down mix or colas or was present when carried out
196,9
(i) Food overheld
196,14
(j) These malpractices known to tight management group, including Floor Manager
198,24
BUT
(a) Undercooked burgers "might have been served" if slightly undercooked, but if badly undercooked, thrown away
Problem solved by new grill = extreme NOT norm
196, 8
196, 22
(b) cf. SG's more realistic evidence e.g. reduction of cheese only happened for 2 months
(c) PR criticised nonadherence to holding times i e. recognised by McD's as a problem
197, 6
(d) FS did not attend any meeting which RC went to as Store Manager, and RC does not know what FS said (though RC claims to have heard FS say e.g. 'reduce cheese')
197, 467
(e) RC does not know whether anyone above Area Supervisor knew of malpractices
196, 26
(f) RC accepts that he had a problem at first with food costs because e.g. bad at ordering (i.e. NOT inherent in the system)
197,8
(g) RC rebuked by MD over drinks in PR "You still leave yourself wide open where drinks are concerned" Why would MD say
that if he was in on it? (nb: PR by FS "Do you know what constitutes a quality shake" MD and FS both criticised quality of drinks etc.
197, 17
197, 70
McD's case put to RC by RR: that RC using problems with shake machine and coffee machine as a cover for his malpractices.
KEVIN HARRISON ("KH") [Sept 86 - Sept 87]
ALLEGATION:
Reduction of cheese portion, lettuce etc.
BUT
Admits to reading this in other statement
216, 36
No allegations by Kate Harrison except that lettuce should be used sparingly, and if short of pickles only use one. (See Second Statement).
McDONALD'S RESPONSE TO ALLEGATIONS
Frank Stanton:
Denial of any instruction to water down or reduce portions etc or of it going on. Holding times and rotation of stock okay. Would have affected quality, frozen up the machine, made ketchup and mustard runny, and been noticed by customers and crew who ate it and led to customers returning products.
150, 502
Mark Davis:
Denial food handling excellent when M13 Store Manager.
(a) Watering down would freeze the machine up
154, 52
(b) Raw meat never knowingly served
152, 63
(c) Defrosted products not used for cooking
152, 63
(d) Neither MD nor FS watered anything down
152, 63
(e) Diet cola allegation tested for normal coke with a cleaner stick
152, 64
(f) No instructions from FS to water down and none by MD
153, 24
204, 27
(g) No order to squeeze frie boxes.
153, 57
Steve Harney:
Denies watering down or any other malpractices under MD but RC showed him how to water down shake mix and ketchup and saw RC doing it in the cola.
204, 4,
204, 67
Docking of Pay
Ds' Witnesses
BUT No allegations by any of them except Coton who admits he was doing it. NB: one can be sure that allegation would have been made by others if a problem.
nb: SA said "I wanted to be sure that I got paid correctly" so kept diary and some payslips i.e. an example of someone careful about his pay and yet who made no allegation of docking.
195, 62
[Kate Harrison says she was not aware of any payroll surgeries and underpaid by Martin Holloway and MD]
216, 5
ALLEGATIONS:
RC:
(a) Nonpayment for work done 'happened not to just 1 or 2, but possibly the vast majority of people on the payroll'
196, 10
(b) Taught by MD to do payroll
196, 10
(c) Did the payroll with MD
196, 10
(d) Crew under MD used to complain that something wrong with their hours
198, 19
BUT
(a) RC never spotted his hours being docked when Security Coordinator
198, 1819
(b) Self-confessed docker of hours (28 Nov 90: 19 out of 27 deprived of between 1 and 4 hrs: 36/ hours in all) RC accepts he knew about the docking though claims to have told Spurgeon to stop when NS came in but she continued.
198, 1112, 2122
(c) Had to affectively' withdrew allegation against NS that he docked hours or said he did i.e. RC prepared to make wild allegations
198,11
(d) Husky came in in c. 1989 i.e. after MD no longer Manager, i.e. docking of hours using computer only done by RC - MD could not have trained him
(e) RC never told seniors about what was going on supposedly under MD
198, 18
(f) RC does not know that FS knew
196, 2728
(g) Complaints by crew about hours and pay no different from any other company, RC says
198, 19
(h) No evidence of any docking pre Nov 1990 (though Tracy M statement says she first noticed in Sept 1990)
(i) Incredible because there would have been uproar if docking = widespread practice
McDONALD'S RESPONSE TO ALLEGATIONS
(st = statement and references are to the pages of the statements)
Mark Davis:
36 (3rd st)
(a) Could not get away with systematic docking of wages over a long period without crew knowing
"If crew found there was an error they were quick to bring this to management's attention"
(b) Would have come up at rap sessions, payroll surgeries or crew would have told an outside body - not many complaints about pay
36 3rd st
204, 35
(c) Human Resources audits checked clockcards and schedules (st)
(d) Denies knowledge of docking under RC (st) but accepts "I probably should have spotted this going on": (nb: Tracy Millane matters NOT raised with MD)
204, 37, 38
204, 37
(e) Denies training RC to dock Steve Harney:
204, 27
(a) Denies docking took place under MD (or ever suggested by MD) and sure because:
(i) When he was an hourly paid worker, he generally checked his hours (2yr 9 month period) only noticed a discrepancy under RC (between Aug 87 and Feb 88) 1 hr
204,
3ff st
(ii) No crew mentioned it to SH (the 'occasional' error)
204, 9, 13,
(iii) Never spokenof at any manager's meeting under MD attended by SH
(b) Does not think RC can have been docking as long or as systematically as he claims.
Neil Skehel ("NS"):
(a) Denial that he implicitly approved RC's malpractices (see also John Atherton "JA")
203, 46
(b) Discovered docking when told in May/June 1991 [i.e. ONLY when he was told, MD NOT told]
203, 30
(c) Docking complaints related to about 45 weeks preMay/June 1991
203, 32
(d) Nothing to indicate it happened under MD
5-8 st
(e) Crew interviewed and reimbursed £1,200
(f) John Atherton and HR dept supportive
203, 49
(g) NS says he might have interviewed Tracy M about her problem but either it had been resolved or he resolved it
203, 3840
(h) NS denies he docked wages or said so
8-st
NB: (a) MD did not spot docking (JA accepts that MD could have but NS greater attention to detail than MD
202, 10, 12
202, 12
202, 34
(b) MD and JA assessment of RC different from NS's. NS explanation for that:
(i) he has very high standards
203, 20
(ii) MD had to work too hard to keep Colchester going
203, 20
Tim Taylor says he had no knowledge of docking of hours, as does John Atherton and no evidence that they did
NB: Evidence from John Atherton, Tim Taylor, Neil Skehel, Steve Harney (see their statements) that
(i) targets for food/labour costs not unrealistic (achieved by other managers)
(ii) recommendations by JA often entailed spending money
(iii) McDonald's concern with sales not cost cutting primarily
FS: 150, 1415
In particular, JA on agreeing of targets i.e. NOT imposed willy nilly from above i.e. COTON NOT FORCED TO ADOPT THE MEASURES HE DID
202, 9
TUs
Ds' Witnesses
ALLEGATIONS:
SG: Management at Colchester overreacted to MFF (st) (ref
to rumour about McD's attitude to TUs)
179, 15
SA: (nb. Much excluded as hearsay)
(a) Trudy Jones incident: 'We don't want anyone talking about
Unions in this place'
31st s
(b) Conversation with SH about people not being able to join TUs
at McD
31st s
(c) Heard from SO, SH, Rizzardini and others that anyone joining
or considering joining a TU would be sacked
195,26
(d) Paul Jackson 'picked on continuously', 'pressured continuously',
because dirty greasy uniform, long hair, sent back as soon as
clocked on but SA not picked on even though greasy uniform
195,27
BUT in 2nd statement could not think of any particular
examples of hostility by McD to TUs just a fear of joining union
by crew members.
RC: T. Jones, RC, LID and FS at meeting agreed that MFF
members be given hard time or sacked within a short period, majority
had either left or been sacked - claim that he took PJ back on
196,28-30
BUT
(a) RC probably Security Coordinator, at most a Trainee Manager
when MFF incident took place (though RC thinks he was a Trainee
Manager or even 2nd Ass.):
RC not clear about when MFF incident occurred
187,40-44
(b) i.e. pre-FS i.e. FS could not have been at meeting (PI left
Nov 198S) RC admits could be wrong about FS i.e. prepared to make
reckless allegations
197,44
Omid Shafibeik taken back on after MFF incident, despite being
involved.
197,41
OMID SHAFIBEIK ("OS"):
Overreaction towards MFF: remark by MD "the joke has gone
too far, it must stop or there will be trouble".
McDONALD'S RESPONSE TO ALLEGATIONS
FS: "I do not think I have had a conversation [about
TUs] or heard any comments from members" i.e. between 1983
and 1995 not aware of MFF.
150, 44
MD: (a) MFF nothing to do with TUs or workers rights slightly
disruptive, mucking about only lasted about a week
154, 8ff
(b) No discussion of TUs in the workplace - occasionally in pub
mention of rumour by crew MD had not heard rumour, no instructions
to prevent unionisation and not mentioned when training done
152, 57
(c) MD told RC to open crew room once when RC Store Manager MD
no recollection of any similar incident when he was 1st assistant
or Store Manager.
154, 6
Hygiene (drains)
ALLEGATIONS
SG: Specific problem at Colchester store, because
filtering machine had broken. Therefore to empty vats, oil fryers
had to be emptied much more often, because they were unable to
be filtered. Therefore 'on occasions' not enough waste oil containers
to put the old fat into, so it was poured down the sinks = blocked
drains.
On 'at least 2 occasions' sewage came up through floor vents in
kitchen and mopped out of the way whilst crew were working on
1 occasion: 2" deep bun trays turned upside down and stood
on those in kitchen area, so store could stay open.
McD's did not want to buy a new fat filtering machine because
it would have taken the expenses for equipment over the allowed
%. So they held off for two or three months purchasing it.
179, 1213
BUT
(a) Hearsay told by Mark Davis
179, 24
(b) More costly not to replace because reduced shelf life of oil
179, 37
(c) Croda on regular basis took away used oil
G "I know some did pick it up in drums"
"I think I did [know that they paid for it]".
179, 37
McDONALD'S RESPONSE TO ALLEGATIONS
FS: Does not recall drains blocked
150, 61
MD: Drains backed up on one occasion. Greasy water more
than sewage came up c. 1985/6 in back room, away from food prep
area. Never went anywhere near food prep area. Closed restaurant
for c. 2 hrs.
152, 678
Treatment of staff - i.e. scheduling, Under18s, all night
closes, unfair dismissals, breaks, hustle, litter 'patrols,. burns,
low temperature incident, understanding, labour percentage, rap
sessions
D's Witnesses
ALLEGATIONS:
SG: (a) Part 3 of Statement
(b) To run store way the Ops Manuals suggests 'you would need
more staff on' not the case except when senior visitors came
179,11
(c) Full time over 18 crew could do 60 or 70 hours a week during
holiday periods including Gibney and Alimi SG says some under18s
did 60 or 70 hours but SG not told illegal
179,23
179,36
(e) ' Gibney asked to stay in after midnight when under 18 above
50 times or if short staffed, would be pressured to and told that
he had not cleaned his area properly could be there till 1 or
2am. Everyone knew this was illegal
179,36
(f) Burns etc
179,13-14
(g) Once SG worked 23 hours when 18 years old; several times ('a
dozen maybe') 18 hr shift then back to work five hours later;
claims happened a lot to crew, 'sometimes' U18s, mostly over18s
'not as such' did the company say it was illegal for an U18 not
to have an 11 hour break.
179,24
(h) After holiday period, McD's failed people on their PRs
to cut staff by extending probation for another 3 weeks:
this happened to Annette Reeves - sacked by Beth
Chapman 'possibly' (but SG not sure of all the facts ? hearsay)
179, 38
(i) Hustle
179,12, lines 26-33
(j) Litter patrols - very rarely done 'usually as a punishment'
179,13
(k) Labour % Part 3 of statement
(a) SG admits he did 60 or 70 hrs 'because I needed the money'
and Alimi did those hours 'in the summer' i.e. not all the time
179, 23
(b) SG accepts scheduling "to provide as good a service
for the customer as you possibly can" given that there are
times when people do not turn up or are not willing to
work
179,43
(c) Not really U18 females who worked illegal hours
179,23
(d) If SG did 12 18 hr shifts in his time, would mean more than
3 high level visits a year because he was not always there for
a visit
(e) No need for McD to resort to probationary extension tactic
because could get rid of staff under 2 years anyway
(f) Labour percentage
(i) Hearsay told by MD, TJ and RC
179,29
(ii) "it was a major consideration" i.e: SG backtracking
179,29
(iii) SG never at a budget meeting cannot say target dictated
by AS or anyone else
179,29
(iv) SG agrees that desirable target different from an order.
179,29
SA: See 1st Statement
(a) Trudy Jones nasty to someone
(b) SA had to work long after shift without notice when SA protested
TJ said "we do not want such protests at rap session could not promise notice
195,49
(c) Breaks not correct because based on scheduled not actual hours
and only at manager's discretion after official shift over and
breaks not at proper times e.g. all evening breaks over by 7pm
195,71
(d) SA quite often would not finish till 3 or 4am 2 or 3 x a week
occurred when visit from Head Office or Area' Supervisor ("AS")
could come 3 or 4 x a week
(e) Employees sometimes worked as much as 26 hours in a row (e.g.
Tracy Millane 26 hrs once when 17 yr old girl when late shift
went on to 6 or 7am
195,10
(f) SA worked occasional 16 hr shifts, often 10 hr shifts, anything
between 32-60 hrs a week 'frequently' 50 hrs
(g) Told had to restart on time even after a very late close because 'flexible worker'
(h) U18s would work illegal hours (2 out of 5 or 6 on close) voluntarily,
including extremely long shifts and would be clocked out on
time and given 'bonus' (SH, Rizzardini, TJ and SO did this)
occasionally accidentally extra not recorded and so U18s not paid
for the extra
195, 45
(i) Pressure and implied threat of cut in hours if people did
not 'agree' to work on rest days when staff shortage - sometimes
management took advantage
(j) No taxi home for late shifters
(k) People sent home against will when business slack for 'bogus'
reasons (reasons which did not apply when store busy)
(l) Low temperature incident management refused to repair air
conditioning unit
(m) Insulted by managers (2nd st)
(n) Punished by being given floor cleaning or trash work happened
almost every day
(o) Smile requirement
(p) Hose on filtering machine faulty for a few months. SA told
to carry out once without a visor and splashed into SA's face
(3rd st)
(q) Mac bun toaster top hot plate loose and easily falling
195,30
(r) Dangerous elect work done by SA when unqualified
195,23
(s) Rap sessions unsatisfactory and not taken seriously by crew
(t) Not made clear that accidents should be recorded
195,22
(u) Hustle
195,33
BUT
(a) SA exaggerating
(b) nb: SA refers to taking time off from McD's to arrange for
a course in London in c. Aug 1987 i.e. McD accommodated his needs
195,16
(c) SA's diary does not back up his claims as to lateness of closes
or total hours shows a week with possibly no close worked by
SA at all. NB: No reference to 3 or 4am close apart from 2 all
nighters
195,55-66
(d) Worked long hours voluntarily "I would have liked to
have earned more money, yes, but not necessarily the hours that
McD dictated to me. I would have liked to do long hours, yes."
195,40
(e) Close paid more 'Yes' 'I did not particularly object to that'
195,41
(f) Could have worked for McD by day and studied at night 'Yes'
195,41
(g) SA unclear about how many 'all nighters' a year could not
disagree with RR's assertion that 3 or 4 a year
195,59
195, 57
(h) Confusion between late and all night closes? Unclear about
frequency, backtracked but still says 2 x a month all nighter
but then says not necessarily all night.
195,57-9
(i) Contradictory evidence about FS
cf with lines
(j) "but I hope I have not given the impression that these
late night closes (? 3-4am) were the average closing time for the
whole year. At certain times they went on regularly until the
business was slack, and then we went back to our normal maybe
1 o'clock close or 1.30"
195, 58
(k) SA asked not to go on close one week wish granted
(l) SA said closes done by people with experience (i.e. not inexperienced newcomers)
195, 70
nb: SA says he had spoken to SG recently after seeing SG's statement
but SG said "no contact with SA in the last few years"
+ nb. SA evidence after SG i.e. inconsistency
(n) SA said 'all night close' for AS but not true
(o) nb: SA's payslips on number of hours worked 94 hrs fortnight/92
hrs fortnight all the rest less
(p) Admits some people happy to fill in for others (1st st)
(q) Usually people happy to be sent home early (1st st)
(r) K Harrison says there was a taxi
(s) Low temp
(i) only; happened once
195, 51
(ii) different temps in 1st and 2nd statements
195, 19
(iii) ludicrously low temps alleged
(iv) lots of changes made by SA in the witness box.
195, 1920
OS: (a) Manager took advantage of his need for money
(b) Forced to work extra hours, days, all nighters, without notice,
if someone visiting the store
(c) If refused to stay on beyond shift, made to scrub toilets,
threatened with a cut in hours
(d) No taxi
(e) U18s regularly working illegal hours
(f) People suffered serious burns but dissuaded from going to
hospital
BUT
(a) Not clear about dates
(b) Imprecise about names
(c) Imprecise about frequency
(d) Needed money
(e) No details of burn incident
(f) Hearsay about Vicky Golding how much else hearsay?
(g) Head office only visited about 3 x a year
(h) No dismissals as a result of MFF; in fact OS taken back
on
(i) OS testimony conflicts with SO about U18 girls working illegal
hours
(j) Returned to McD despite it all!
RC: (a) Standard to favour some workers over others when
scheduling
196, 11
(b) Understaffing esp. mid 1980s
198, 20
(c) U18s males illegal hours 2-3-4 x a week: i.e. on most closes
clocked off and given 'bonus' (1st st)
196, 15
(d) Yoyo levels of staffing because of seniors visiting (1st
st)
(e) Had to engage in malpractices because labour costs = obsession,
phone calls from AS every day verbal threats 'get it down'
196, 16
(f) Forced people to leave after summer by scheduling no hours
[References to PR bundles for Ray Coton]
BUT
(a) RC self-confessed cheat
(b) Counter-productive to treat people badly on scheduling nb.
RC criticised by MD for 'poor matrixing' leading to rushes at 1pm
which could explain existence of any problem there might have
been on scheduling (Andrew Taylor "the pursuit of topline
sales is paramount")
p.32 of RC's PR b
(c) Wrong about FS chairing Anglia Region meetings i.e. again
trying to put FS in frame without any basis
196, 1819
(d) RC's experience limited to small geographical area of McD's
196, 20
(e) V Golding not given 'hush' money
196, 15
(f) Criticised for taking too long to close store
p.21 of PRb
(g) RC confirms average close time: 11.30am exc. on Fri/Saturday
and one other day a week, when c. 22.30am
(h) Labour target agreed with Store Manager
And note: supervisors wanted crew size to be kept up not cut and
turnover reduced
(i) In PR by FS told: "... crew working too many hours ...
could affect food control (PR: 9 April 1986)
p.l7 of PR b (i)
However, it would seem, as MD said that "the store has suffered
from being on the full field list for so long. Huge efforts and
usage of labour J on the day previous to a full field possibility
has often meant running too tight for the following 3/4 days.
It must be evened out, the store will not improve if this continues"
(PR: 24 August 1986)
p.44 of PR b
Also: "Long term profit comes from increasing sales, running
a 'quality' P&L and looking after the customers.
As far as scheduling goes this has sometimes been restrictive
... You have struggled to maintain an adequate crew size. Turnover
has run at 269% for the first few months of 1989. If this was
controlled better then the overall quality of the crew would improve
... Attack turnover and increase your standards of matrixing ...
Crew turnover has been poor ... You must look at the advisability
of hiring Army wives and students. Look for men full time and
fully flex people who will 'stay a while' ...
Objectives: 1. Increase crew levels to 100 and maintain until
Christmas
2. Reduce turnover by 20%" (same PR)
In PR by MD told: "Too high a turnover Scheduling: Ensure
crew numbers are maintained at least up to plan ... Keep crew
levels up and your job will be a lot easier." (PR: November
1987)
pp.31 and 34 of PR b
In PR by MD told: "Remember that labour is to be invested
wisely. It is not enough to run tight on occasions just to be
a % given by myself or agreed by you ... Since your interim there
has been a distinct lack of progress as far as good crew coming
through. Your good crew have become disillusioned and left. Lack
of crew numbers may have something to do with this" (PR:1
November 1988)
p.40 of PR b
In PR by MD told: 'fiche crew members have at last taken an upward
turn. The quality of the crew is better ... You are beginning
to see the benefit of this ..." (PR:1 May 1990)
p.56 of PR b
In PR by MD told: "Underaccruing in labour is a false economy"
(PR:1 November 1990)
p.61 of PRb
Kate Harrison
(See 2 statements)
(a) Cutting of hours as punishment
(b) Lost paid breaks
216, 3
(c) Breaks not satisfactory
(d) Change of shift without notice
(e) Manipulated workers into staying late
(f) U18s illegal hours
(g) Rap sessions no use in the long run
(h) No replacement of filter machine
(i) Burns and cuts not taken seriously
(j)Running
BUT
(a) hearsay about U18s
216, 8
(b) 7L 961AC reference to KH's own accident
961AG
216, 9
(c) H stayed a fair time despite it all!
Kate Harrison
(See 2 statements)
(a) Discriminatory scheduling
(b) Workers doing an entire shift without a break
(c) People often sent home early not by choice and for bogus reasons
(d) Breaks denied
(e) Health and Safety not observed e.g. shoes, shortening
(f) Worked c. 50-60 hours a week
(g) U18s illegal hours
(h) Discretionary bonuses used to favour compliant workers
BUT
(a) Only at Colchester for 3 months
(b) Very few worked over 39 hours
(c) Changed his lab % estimation from 18% to 12-14%
(d) Added food allegations after reading other witness statements
(e) Wrong about relocation expenses affects his credibility
McDONALD'S RESPONSE TO ALLEGATIONS
FS:
Scheduling/Under 18s
(a) Important that crew should be happy with scheduling
150, 23
(b) of crew were taken into account when FS = Colchester Area
Supervisor
150, 24 lines 1725 (b)
(c) Crew were not compelled to work hours they did not wish to
150, 24
(d) There was no "underlying level of discontent" at
Colchester
(e) Very simple sys: generally 'full timers' tended to work during
week/'part timers' brought in at weekends. Full timers got most
hours at Colchester, so far as FS aware
150,25
(f) FS concedes that rarely a person might be working 50
hours if scheduling not working and that should be a
bad thing because would be tired if working too long
i.e. FS did not rule out entirely the possibility
150,26
(g) People not forced to work hours longer than those agreed.
True of Colchester
150,26-7
(h) People not punished for non-cooperation on hours by
(i) being forced to do the toilets
(ii) being forced to do the litter patrols
(iii) hours cut
(iv) hours given which they don't want to do.
True of Colchester. (If so, people would go elsewhere)
150,30
(i) People are not sent home on bogus pretext that e.g. poor appearance,
if business quieter than expected.
True of Colchester
150,29
(j) People are not kept on even though poor appearance if store
busy. Would send bad message to customers and
to rest of staff.
150,29
(k) Back-to-back shifts never compulsory
150,30
(1) Not forced to work 'all night close' at Colchester
150,31-2
(m) People did not work frequent 'all night closes' at Colchester
happened once a quarter maybe (though see rata: every 10 or 11
weeks maybe visit from Op Manager)
150,32
(n) No 'all night closes' done before FS visited because he was
then 2 or 3 days a week in the restaurant
150,34
(o) Serious consideration to comply with law on under18s when
FS = AS = manual time clock sys
150,36
(p) Computer sys would throw out under 18 working wrong hours
or person being scheduled for day they did not
work
150,37
(q) Illegal hours by under 18s not worked at Colchester 'not a
problem'. NB: Audited clock cards and payroll plus personal visits
150,37
(r) No clocking out and then giving bonus to under 18 at Colchester.
150,37
(s) FS says Alimi's hours unusual "The fact that I cannot
remember this specific one does not, to me, suggest a complete
failing of a policy or a system one out of 55"
151,28
(t) FS denies employment of young, inexperienced people because
easier to boss about
151,31
(u) Discouraged students from doing back to back shifts
151,44-45
(v) . Spot checks by FS on Under18s checked scheduled and actual
hours 'X' by name of Under 18. Nb: Quarterly audit "As an
area supervisor I have got to have the utmost faith in the managers"
151, 47
(x) Area Supervisors work 40 to 50 hours a week.
152, 10
Burns/Accidents
(a) Safety was not compromised at Colchester to get a low labour
rate
150, 35
Breaks
(a) Not aware of people working continuously without taking breaks.
Scheduling designed to avoid shortening or moving around breaks
150, 523
(b) Breaks being cut: maybe if very busy
151, 64
Turnover
(a) Not in interests of company to have high turnover
150, 21
(b) In interests of McD's to employ a trained person (even if
paid more) than untrained starter
150, 21
Hustle
(a) 'Hustle' = 'coordination being efficient or efficiently co-ordinated
with a purpose'. Agrees with "moving with purpose and despatch".
Not running or sliding about. That theory was practised at Colchester
150, 41
(b) No problem now with running/sliding in stores
150, 43
Taxis
(a) Taxis available for closes.
150, 39
Labour %
(a) Safety was not compromised at Colchester to get a low labour
rate
150, 35
(b) Not under pressure when at Colchester from supervisors to
get a labour rate to lower level understaffing not in interests
of McD's
150, 35
Tim Taylor would not praise one if one had too low a labour rate
because: "The idea of continuing to build the business"
i.e. to have the right level to anticipate business, and to give
aftersales service. BUT TT did not say FS's labour too low
150, 60
Rap Sessions
(a) Rap sessions effective nb: supervisor for another area in
order to be impartial. No one forced to go. Most managers would
schedule rap session for c 5 or 6 o'clock to get some part timers
along. People paid for attending. Management did not exclude
certain crew from rap sessions, or select 'obliging' types. At
least a month's notice given. Notice on crew board. Crew not
frightened to criticise management. Account of rap session
posted on crew notice board. No direct quotes i.e. reduction of
any fears of adverse consequences from making criticisms.
Open agenda. Went on for about 1-1/2 hours. No real
complaints about pay or hours worked. In order to be credible,
managers must act on suggestions. Colchester rap sessions were
good ie: FS was never the subject of criticisms at Colchester
rap sessions or elsewhere. FS not recall chairing a rap session at
Colchester, but if visiting supervisor had not attended, then
they might well have decided to go ahead with it.
150, 4550
Miscellaneous points
(a) No pressure from below or above to compromise on standards
of safety, general welfare
150, 1415
(b) FS thought MD "very committed" Manager who "knew
his people really well"
150, 15
(c) At Colchester crew performance review every 2 months (pay
review every 4 months) 5p, 10p, 15p (plus discretionary bonus)
150, 16
(d) FS not interested in 'yes' men and pay review sys not used
to reward toadies regardless of merit
150, 1617
(e) People coming back to work at a store or moving from one to
another retain any increases in pay awarded when working
previously for McD's (that sys in op. since at least 1983) (but
see MD not rule but general practice)
150, 1819
(f) Holiday pay accrued by full timers and part timers
150, 64
(g) Recollects 10% no pay incrs; 50% 5p, 30% 10p, 10% 15p (see
statement)
151, 21
Mark Davis:
Scheduling/Under 18s
(a) No one forced to work over 39 hours: only 13 did work over
39 hours especially Siamak Alimi not inefficient etc as a result:
("... generally he worked to a high level and he was generally
happy and jovial within the restaurant"). See Very rarely
would crew work up to 50 hrs.
152, 33, 34
(b) Substitute list for those willing to come in at short notice.
152, 34
(c) Rare for there to be too many people in the store for the
business but e.g. bomb scare, would ask people to volunteer to
go home. Did not force them to do so. People sent home once a
week/once a month but voluntarily. In summer holidays a few would
work up to 50 hours.
152, 35
(d) Re: U18s: MD checked schedule, clockcards and payroll summary.
Denies bonus etc for U18s paid.
152, 37
(e) As far as MD aware, no U18s working illegal hours when he
was at Colchester enough over 18s to work those hours:
very rare to require substitutes, maybe in a bad week 3 out of
c.30 over18s willing to come in.
152, 73
(f) New computer sys does not allow one to schedule a crew member
past a certain time if it falls without the guidelines of the
legislation c. 1989/90.
152, 767
(g) Back to back shifts very infrequent: if so, done voluntarily.
152, 5152
(h) Nb: (36 people on an all night close: 45 on an ordinary close)
out of 20 available. (i) Average time for close: lam NOT regular
3 or 4am. Can't remember any occasion when 3 or 4am Only 6/7am
if all night close, scheduled once a quarter.
153, 37
Burns/Accidents
(a) Colchester not dangerous place. Occasional electric shocks
given by the equipment. Electric shocks from toaster on odd
occasion, not often.
152, 52
(b) MD temperature allegation air conditioning broke on a cold
day (12 days). Usually c.18° allowed jumpers to be put on.
MD remembered it quite well. No attempted walk out or
discipline. NOT in interests of manager or customers.
153, 41, 48ff (b)
Breaks
Very rarely abbreviated. Would be compensated for later in the
day and would stagger breaks and try to accommodate people's preferences.
Sometimes breaks would be at beginning or end of a shift, but
ideally not.
152, 512
Turnover
(a) MD denies it is in interests of McD's to have high turnover.
154, 34
(b) Concerted effort in Midlands to get turnover down c. 1990.
154, 28
(c) See also PRs quoted below.
Hustle
MD anti-sliding etc. Has seen it on occasions. Very little room
in kitchen to do so, could possibly do it in front counter area.
No insulting shouting at crew.
152, 523
Taxis
Petty cash, a/c with taxi firm.
152, 36
Rap Sessions
See para 16 of 2nd statement
Labour %
Point was to give good service. Point is to get long term profit
"optimum" not short term. Lab % could vary within a
given range 14-17% according to the need of the customer flow coming
into the restaurant' not the be all or end all or the key.
152, 54
[References to PR bundles for Mark Davis]
Of bundle "It now seems that you are also undercrewed. This
situation cannot be allowed to continue and a comprehensive crew hiring
programme must be instigated immediately." (PR: 27 Sept 1985
by Martin Holloway on MD as Store Manager)
pp.334 of PR b
"Adequate Crew Size: Store still suffers from >35 hours
by too many
crew." (PR: 8 Oct 1986 by Frank Stanton on MD as Store Manager)
p.24 of PR b
"Get more crew on board. Do not run short ... Increase
crew levels
so as not to run tight" (PR 13 Sept 1987 by Tim Taylor on
MD as Store Manager)
p.21 of PR b
"Clearly the turnover at 141 is your major priority, investigation
and action are needed immediately. Crew numbers in all your stores
need improvement quickly for the summer" (PR: 13 March 1989 by
JA on MD as AS).
p.9 of PR b .
"Neither the set targets for crew numbers have been achieved
nor the desired reduction in turnover. However, 194 ran the summa without
importing crew and 200 are not exactly desperate. Nevertheless
this is still an area for improvement and a major priority for the future".
(PR: 13 September 1989 by John Atherton on MD as Area Supervisor)
p.5 pf PR b
Miscellaneous Points:
(a) "I felt there was a good team spirit in the restaurant
and everybody pulled together and seemed relatively happy."
152, 56
(b) Kevin H only one to express negative feelings to MD about
McD's.
152, 30
(c) "I do not think that McD's has ever professed to be a
perfect company and I have never said in the course of my evidence
that everything at Colchester was extremely rosy. However, predominantly
I remember it as most of the crew members there were happy, the
management were happy and generally the store ran well".
153, 63
(d) If bad practices occurring regularly, should be changed.
154, 45
(e) Retention by crew member of pay increases discretionary (but
generally the case).
152, 434
(f) Max of only 1/3 on basic pay at any one timer usually lower
than 1/3.
152, 44
Summary
Even if the oral evidence of the Pffs' witnesses is ignored (though
it would be difficult, in seeking an ans. to the Q "What's
it like working for McDonald's?" to ignore the evidence of
Kevin Perrett and Chris Cox), it is clear that the evidence
of Michael Logan and Danny Olive is almost entirely
unworthy of credence.
The reason is that the documents in Bath 1 and Bath 2 show that the damning generalisations they offered in relation to scheduling,
Pits, staffing levels, long hours, long weeks and breaks are
unsustainable.
Those documents were not, of course, selected by the Pffs. Those
in Bath 1, section B, came into the case simply because
Logan made particular allegations against McD's in relation
to the people named in that section of the file. The docs. in
section C, D, E and F of Bath 1 were disclosed as being
of general relevance to Loan's allegations. The docs. in
Bath 2 are for August 1993, May 1994 and August 1994. Those
months were selected by the J. on the basis that they might provide
a 'snapshot' of the rest. at busy times (as indeed they do).
This means that the conclusions which may be drawn from the docs,
not only in relation to the credibility of Logan and Olive,
but in relation to McD's systems and practices generally, may
be thought especially reliable.
In the result, the evidence shows that there were was nothing
at all out of the ordinary (in an adverse sense) about Bath; and
that, overall, despite occasional misadventures ( such as a split
grease trap or a malfunctioning chicken vat), McD's systems and
practices work perfectly well, providing their employees with
fair pay for safe and (for many) enjoyable work at times they
want to do it.
BATH: WITNESSES
PLAINTIFFS:
DEFENDANTS:
Sean Richards
Day 167
Ian Hendon
Day 206-7
Chris Cox
Day 208
Kevin Perrett
Day 208
Michael Logan
Day 209
Danny Olive
Day 267
Scheduling
ML's Allegs:
S'ment 1
Scheduling "commonly" used as a tool of discipline
by management, e.g., ML witnessed on several occasions managers
request scheduling manager to reduce hours or give unsocial hours
to underperforming employees.
S'ment 3 . examples: Gore, Stokes, ScottShepherd,
Girdlestone, Shakespeare, Dixon, Williams
209:40:1
Sean Richards used scheduling to advantage eg.
He was quite an aggressive chap. He used to bully people into
staying on.
44-60 Rap notes Bath I/pp 195.
S'ment I . "Hit lists" of employees who needed improvement
209:10:3353
i.e. harassment and incentives of less or
unsocial hours. Led to people resigning easier
to make someone resign that sack them, as too
much paperwork.
S'ment I . No system for checking inconsistencies in
scheduling system managers had free reign.
209:11:129
Schedules checked against Matrix but never
checked to see if unsocial/biased hours - total
hours worked not recorded on schedule.
209:11
Some people always got Saturday night close
this was the most unpopular shift.
209:64:2740
No one disciplined for infringements of policy
re
schedules.
209:41:384ff.
Jane Girdlestone complained a lot to me that she did not want many closes (but got them), she
wanted less shifts. She never got weekends off.
73:816
209:41:76
Andy Shakespeare had unsocial hours.
209:315
Mike Stokes complained to me of too many
nights 1993/4ish.
209:72:1
John Gore complained about too many closes
(see
ML's analysis of Gore's Schedule).
209:1823
Graham Pickam deliberately scheduled few
and
short shifts.
But:
209:39:3542.
In EinC says "there are only 2 people
I said were mistreated": John Gore and Mike Stokes with
others he was just giving names of people who
did long/unsocial hours. "I just pointed these
people out".
But Clockcard files steer:
John Gore
Joined 92
August 93 : 5 closes over 16 days
Fully flex May 94: 6 closes over 17 days -see Table 13
August 94: 9 closes over 16 days
worked 4/5 days per week.
Mike Stokes
Joined 82
August 93:
4 closes over 11 days
See Table 46
fully flex August 94
Jane Girdlestone
May 94:
Sat & Sun 3 w/e
See BLG
August 94:
2 w/es off
See BLG
Andy Shakespeare
August 93:
2 closes only - 3 40 hours worked after llpm in month
See BLG
May/Aug 94:
Scott Shepherd
August 93:
4 closes only
See BLG
Jason Dixon
August 93:
11 closes 4 per week x 2
May 94:
14 closes 4x1 wk; 3x1 wk;
August 94:
12 closes - lxl; 2x4; 1x3
Pffs. Evid:
Schedule not used as tool of discipline - purpose is to ensure
restaurant is properly staffed. One of the hardest jobs to get
right.
Employees are entitled to make requests (in request book) accommodated
as far as possible. Managers receive requests weekly. CC's requests
honoured.
Schedule posted on notice board in crew room unfair hours obvious
to all crew.
See BLG
If crew unhappy with hours they can use grievance procedure.
I get the shifts I want I was treated well when I was a crew
member.
No recollection of less/unsocial hours. Never experienced it or
heard others complain about it.
No "hitlist". Managers meetings held regularly at which
forthcoming PRs discussed good and bad performances are reviewed.
Disagrees that easier to make someone resign than sack them in
my seven years at McDs no employee has resigned because of harassment.
Schedule checked each week by direct superior of Scheduling Manager
to ensure it coincides with labour matrix and crew requests. SR
was responsible for doing this cross checking for some of the
time. It is also checked by supervisor.
Mike Logan was responsible for scheduling for a few months.
SR accepts that he has not done scheduling since 1992.
Closes rarely are as late as 3.00 - 4.00 am. Average = 11.15 am.
(See Tables 16 re: Gore & Stoke's to verify this). Fri/Sats
busier.
Scheduling surgery every week 1st assistants available for queries.
CC . Never heard/experienced resignations due to
consistent pressure/cut in hours.
MP . KP has set hours not {guaranteed hours which suits him.
208:50:41
42:52 . No complaints about scheduling.
Managers try to get the schedule right.
System breaks down with lateness/sickness/no shows / changeover.
Never heard my friends complain of scheduling.
Individual Crew
John Gore joined 1992 5* badge, fully flexible, full time 5 day week 38-40 hours. As fully flexible can be asked to work at any time currently requested not to work past 7 p.m because of family committments. Honoured. Not aware of any complaints.
Mike Stokes joined 1992 5* full time, fully flexible. 23 years ago asked to work early shifts as did not want closes honoured (see Tables 46). No complaints.
Graham PIcldn
? dismissed persistent lateness. One of most unreliable crew.
Jane Girdlestone
Fully flexible, Joined about 1993. Went out with store manager in as good a
position as anyone to resolve problems.
No complaints.
Andy Shakespeare
Fully flexible worked on closes by request.
Left to go to NY. No complaints.
Jason Dixon
Part time at Bath now. No complaints.
Dewy Olive
Joined as EM following transfer; he had different schedule from crew.
Often late. Worked 2 evening shifts p.w. Accepts allegations in DO's resignation letter as "worrying" .Believes manager investigated complaints does
not know outcome.
DO fell out with store manager over football - bad
feeling between them afterwards.
One of complaints was he felt he deserved better pay rise. (See
separate notes re D. Olive)
Note on Scheduling Bath I Tab. 103:
SR does schedule. Nearly always up by
Thursday. Crew generally happy with the
schedule requests are honoured and it is done
fairly.
< But: See comments later in these Rap Notes:
"SR can use hours scheduled to advantage over
crew." CC disagrees with this comment.
Note: The notes are not admissible to prove the truth of
the statements recorded in them. but only to show what
statements were made (and hence to help answer the
q., What value do rap sessions have?
Schedule goes up Thursday. George does her
best to honour holiday requests. On some
longer shifts hard to get a second break. Maybe
a break plan would help on Saturdays. Some
closes too long. One full timer feels should get
more than 16 hours (pw)
Usually up on Thursday but late if Alan
does
not give Sean a matrix. Generally requests are
honoured, no problems with breaks. Closes,
often the same people doing them. Most closes
getting out at c 1 a. m. Ian's later. Hours
generally shared out well, any problems are
caused by availability.
Main problem is persuading people to
go home to control labour even this leaves us short.
Averages hours p.w. = 40; closes = 2; days off = 2;
Average length of shift: 8hrs. Requests
honoured. Breaks too early on day shift.
Holidays; no problems; improved by getting the
number of people scheduled right.
27.7.93
24.2.95
Average days off: 2; average length: 68 hours,
no problems.
28.~.95
Table 1
SCHEDULES FOR JOHN GORE AUGUST 1993
Gore
NB: * denotes a closing shift
# 35672
Table 2
SCHEDULES FOR JOHN GORE MAY 1994
Table 3
SCHEDULE FOR JOHN GORE AUGUST 1994
J Gore
16.05 - 18.13
Table 4
SCHEDULE FOR MICHAEL STOKES AUGUST 1993
Stokes
SCHEDULE FOR MICHAEL STOKES MAY 1994
NB: * denotes closing shift
# 35798
Table5
Table 6
SCHEDULE FOR MICHAEL STOKES AUGUST 1994
Overtime
ML's Allegs:
S'ment . As crewmember in 90-91 I consistently worked 45
+hours pw during busy times (July/Au"). So did
others.
S'ment . Many crew worked 45+hours p.w. every week in
a row. No overtime.
S'ment
Overtime not paid because 8 day Schedule.
Paul Scott Shepherd. v. many shifts in a row
"Not mistreated. "
Jason Dixon: v. long hours often unsocial.
"Not mistreated."
S'ment 3 Chris Cox Some very long shifts 94/5
S'ment 3 1 Logan 90/91
Watt Wlll~me ) 60-70 hr weeks
But
231:33:1731 . In xx RR refers him to Schedules for Aug
93/94
and May 94 everyone has 2 days off.
No egs. of anyone working 8 day week.
All have 5 days on and 2 off.
Reason ML and M. Williams worked long hours
90/91 = requested extra hours as wanted to travel.
ML does not allege that he did these hours at
other times nor do the CCFs record them.
Pffs. Evid:
ML worked long hours before the "dismissal" in
92 why did he come back and work 2+years thereafter if long hours
were a problem?
No basis for 8 day week explanation: inconsistent and not credible.
See Table 7.
In xx says only Gore and Stokes were "mistreated" .
SR . Don't understand alleg. re 8 day schedule to avoid
paying overtime.
Rubbish see Schedules in Bath 2.
5 days on 2 days off p.w. = Co. policy.
Important for store to be adequately staffed for
a number of reasons: Health & Safety and service
to customers.
Employees work extra hours by request never
forced to work these:
eg
(i) ML and Matt Williams worked long hours over
summer 90/91 by request as travelling. eg
(ii) CC by request worked extra hours Nov/Dec for
Xmas and New Year sales.
Now works 40-45 p.w. CC doesn't consider
these to be excessive.
IH eg
(iii) Jason Dixon Full time and requested hours to
pay for rent and bike when returned to live at
home reduced hours.
Constant recruitment programme to ensure sufficient staff so noone
needs to do 39+ hours unless they choose to.
Highest regional turnover in Bath because it is a Student City
student changeovers 6/7 times a year.
Crew never scheduled 6 day week unless they requested it.
CISEH sheets do not reveal obvious understaffing.
Co. policy is that Crew should not work more than 35-40 hours p/ w. If crew wanted extra hours/shifts they would ask me and I
would try to accommodate their requests for extra/fewer hours
or if crew want to change their availability. We do our best to
help.
CISEH cf:8/3/93 (Bath 1/410) and 12/8/94 (Bath 1/710) i.e. a year
later: comparable number of crew.
Not pressurised to reduce labour costs from 15% 13%. Encouraged
to schedule right amount of crew (in response to comments in Rap
notes see below) .
Understaffing occurs because of lateness/sickness/changeover of students
more likely in that period of time. It lasts a
few days.
If people leave McDs because they find the
environment too pressurised usually in
first 4 weeks.
90% of time restaurant properly staffed.
CC. You can phone in on your day off and request a
few extra hours.
NB
eg
Never worked 45+ hours p.w. now does 37 p.w.
PP 217 re shift and hours "pressurising people to go home
to control labour even though this leaves us short" to improve
situation: "get number of people scheduled right".
PP 232 reasons for leaving "Hours, pressure and poor treatment,
unkept promises.
PP 258 Better place to work by ? hiring "More Crew".
Table 7
Long weeks / hrs
Aug. 12, 94
'Long' fortnights (>79 hrs!)
(1) Wilkinson
Watt
Wiles
Messer
Mason
Lewington
Short
Roberts
(1) Total : 8 out of 83
88.47 (Fug
88.51
91.04
92.24 (Fug
88.32
86.70
82.82
86.03
who worked in the fortnight
The basic hourly rates for the above (exe. FMs) were:
Watt
Wiles
Mason
Lewingson
Short
Roberts
Dixon
(2) 2/81
3.15 3.10
3.6S
3.30
3.10
3.20
3.40
(Taken from col. headed 'Regular' on P.577-80 of Bath 2, C12)
S7012
Bath2/C12
(2) Willkinson
Dixon
81.71 *
81.32
*See Bath 1/D/10/5/235 17.6.94
JU~ Con
ML's Allegs:
S'ment I . I witnessed and was aware that Managers
altered people's Clockcards reports without crew's
knowledge or consent sometimes to punish them
for forgetting to clock out for 45 minutes break by
clocking out 1 hour instead.
S'ment I . I witnessed a manager randomly clock time from
people's clockcard reports just to reduce
labour rare incident he laughed about saving labour costs.
S'ment II . No system in place for crew to verify their
own adjustments system open to abuse.
If managers feeling vindictive would give stone
who had not clocked in/out before break 1 hour
instead of 45 mins. Depended on managers mood.
But . In xx ML said he always kept an eye on his
adjustments unique to do so among crew i.e.
the allegation didn't affect him . ( In fact he was
not unique as CC and KP check payslips for
hours see below).
Danny Olive in his letter 24/1/96 says HI was not aware that time
was docked from Crew's clockard files to reduce labours.
To reduce labour costs alterations of clock cards
would have to be done on a regular and significant
scale in which case crew (inc. Danny Olive)
would notice: if "rare" pointless as impact on
labour costs minute, if any.
In xx changes his evidence about Sit's motive for
altering clockcards not done to "reduce labour"
costs but because SR had "hard day".
He has only seen SR do this "once".
No complaints in Rap notes.
Pffs. Evid:
AA's only made when crew forget to clock in/out.
NB
H.R. reports: pp 167 Excessive entries but signed". pp 179
number of entries no signatures.
Rap notes do not record any complaint about clockoard adjustments:
sections re pay/conditions contain some ve/some +ve comment except
ppl99. "Crew are unsure who is in charge of queries.
Bonues and hours are missed need permanently chasing. Crew would
like a payroll surgery Vicki, Chris and Ian are seen as approachable
and reliable."
Bra
ML's Allegs
S'ment 1
Em/ees' rights to breaks often abused esp. during periods of high
volume eg. Sats etc.
S'ment. When ML was shift running m'ger he was rarely
able to take a break except for 10-15 mins.
But
In xx RR refers ML to Bath 2/7 re: breaks on Sats. Conclusion
is 60/40 in favour of late breaks.
Pffs. accept that some hourly paid workers take early/short/no
breaks. But the analysis reflected in Tables 8 to 13 for 3 Sat.
lunchtimes in Aug 93 and 3 in Aug 94 show Logan's allegations
to be untrue and the evidence of the Pf's witnesses to be true
(see below).
Checks are made re breaks
Bath II: clockeard files
eg pgs 459; 461; 633; 634; 646. (CCF)
eg 167; 169; 179; 181; 187; 188 (H R Audit)
See also table of breaks for CCF dates 11/8/93;
* 209:58-60 12/8/93 & 13/8/93. (Dates chosen by ML*) @
Tables 14-16.
Pffs. Evid:
Disagrees with ML's allegs.
To work without a break appears on CCFs and has to be justified
to the supervisor.
Drinks breaks occur throughout shift and are additional to 45
min breaks. They are taken in the office which had chairs so crew
can sit down. They last 2 mins. Crew room is up 63 stairs!
Misleading to say staff pressurised into taking break immediately
on arrival would only happen if they requested early break for,
say, breakfast e.g. if drinking night before and needed food.
Very rare for anyone to miss break entirely e.g.
on very busy Saturdays 1 or 2 people may miss a break not whole
collection of people.
When I was crew member a lot of FMs wanted to get breaks out of
the way asap these FMs have now gone.
ie: 199 "maybe a break plan would improve situation on Saturdays"
.
217 "Day shifts (breaks) generally too early"
229 "Saturdays are a problem often split, never 2 on long
shifts".
241 "Not seen as a problem at the moment, breaks occasionally
given too early.
255 "While short staffed some getting very late breaks after
6 hours or after 3/4 hours managers to try.
But on 2 Rap notes no comment
Bath
1. Sat. 7 Aug1993
Table 8
Notes 1. 'Over lunch' (col. 3) means for all or part of the period
11.30 2.30 pm.
Shift lengths are calculated from time of first clocking in to
last time of clocking off(inc. breaks), not by ref. to actual no.
of hrs worked (see below).
3. Col. 6 (< 35') : these belonged to Hill (11'),
Messer (14') and Wilkinson (10') (as to all of whom
more later). Messer, however, was an FM (Bath 1/D/1014/223:27.7.90) and was not therefore expected to clock on/off for
breaks. The respective shifts lengths were: 6.35, 9.04 and
5.22.
4. Col. 7 (no break): these belonged to McMath, Selman (as
to whom, see later), Stockham and Shakespeare. These
last 3 were all FT (see Bath 2/A111288). Respective shift lengths: 5.00,
4.26, 5.02, 4.26.
breaks in cols. 4, 5, 6, 8, 9, 10 and 11 were taken within 6 hrs
of clocking on.
#57011
l
I!<,a
Bath
2. Sat. 14 Aug 1993
Table 9
Notes 1. Col. 6 : Perrett and Hill (again);
length of Hill's shift: 9.10; length of break: 16'.
3.
#S7015
4
Col. 7 : Selman (again): shift length, 4.51
All breaks taker' within 6 hrs of clockingon.
1
Bath
3. Sat. 21 Aug. 1993
Table 10
Noted 1. Col. 6 : Hill and Messer (again):
length of shifts 7.42 (Hill) and 8.02 (Messa);
2. All breaks taken within 6 hrs of clocking on.
#57016
Bath
Table 1 1
Sat.6 Aug 1994
Notes 1. Col. 6 : These belonged to Macdonald,
Shelley Smith, Bulloch and Manners; respective
length of shifts (and breaks): 4.58
(19'), illeg. (14'), 6.44 (19'), 6.02 (12').
2. Col. 7 : 3 of the 7 were Logan (FM), Messer (FM) and
Easton (Admin. Asst.), who were not expected to clock on/off
for breaks. The remaining 4 were (with shift lengths): Mousley
(5.02), Vick (4.49), Tanner (5.34) and Corded
(3.49).
3. breaks taken within 6 hours of clocking on.
#57017
Bath
5. Sat. 13 Aug. 1994
Table 12
Notes 1. Col. 6 : these belonged toVerso, Jo Stapeley,
Mason, Bremner and Nicola Cotterill. Veto was TS (Bay
2/C/11/575).
Shift lengths (with breaks): 4.57 (16'), 4.54 (19'), 7.57 (11'),
illeg. (15'), 5.14 (15').
2. Col. 7 : this was Logan(FM)
3. All breaks taken within 6 hours of clocking on.
Bath
6. Sat. 20 Aug. 1994
Table 13
Notes 1. Col. 5 : one of these was Messer (FM):
20' in a shift of 8.03 furs.
2. Col 6 : this was Easton (Admin. Asst.): 2 breaks of
6' and 15' between 13.03 and 21.1 (8 hrs 10').
3. All breaks taken within 6 hours of clocking on.
4. The recurrence in these tables of short breaks/no breaks for
a small no. of people (Hill, Selman) perhaps suggests (unless
they were being 'picked on', of which there is no evidence) that they
(and, no doubt, others like them) chose to work in that way,
perhaps because they needed the money, or wanted to finish a.s.a.p.
and get off early on Sat. afternoons, or felt no need of breaks
anyway or found them boring (or a combination).
ML's Allegations Re: Breaks 209/p. 58-60
BATH
HOURS & BR
PERlODS: 11th AUGUST 1993
Table 14
Number of No breaks Short breaks Excess breaks Early breaks
R9 hr 910 br 10+ hr 10~1'r
Clockcard crew who Excludl :FMs (le#than35 mins or exceedinl
(w/11 1~r shift(lac. shift(lnc. shift Inc. s~ft~
Date worked SP, PL, KM lesser entitlement) entitlement) of
starting) break) break) breaks breaks
Cre~r Lc Cre~v Sblfl Crew T-e dler 1 8~1 L a~th ·f
r~llw
No. of Sblft No. Le~lh Break No. cbehlag lo | k 2h ebbB
Cretr No.
. ._ . __ . 1 _
TUES
11/8193 35 1 8 11 4 10 5 0 0
(latest 783 5'h hrs 217 8'h hrs 23 mins 4661 mins 566 31 mins+
6'h hrs
close: 681(ML) 9'h hrs 20 mins 3'h hrs
1.13 am) 690 6 hrs 31 mins (2 breaks)
733 8'h hrs 31 mins
779 53K hrs 28 mins 690 58 mins 6 hrs
788 9'~ hrs 33 mins 73S 48 mins 9 hrs
790 6 hrs 22 mins 778 45 mins 8 hrs
792 6'~C hrs 26 mins
#5~332
Table 15
BATH
HOURS & BREAKS
PERIOD: 12 August_
Number of No breaks Sbort breaks Excess breaks Early breaks ~9
hr 910 br 10+ br 10 F br
Clockeard crew wbo Exduding: FM s (less tban 35 mins or exceedlog
(w/i I bour shift (inc. shift (Inc. shift bc. shift eze.
Date worked SP, PL, KM lesser entitlemeot) entitlemeot) of startiog)
break) break) breab breab
Cre~v Lea~de Cre~v Shlft Cre~r Tl~ed~er Shb~t Leoelh of PoellW
No. of Shlh No. Le~th 8reak No. ck cldae lo le-* ehllt Cmr N
... .
1218/93 37 2 7 7 5 _ 7 2 5 l
332 4'~ hrs 217 8'~ hrs 20 mins 46SO mins S77 21 mins 6 hrs
11 % hrs ?/27S 27S
287 4'~ h~s 621(CC) 10'~ hrs 23 mins + 621 (CC) 34 mins +
lO'h hrs 10'~ hrs CC/621
9 mins 4~/, hrs 10'~ hrs SS/694
673 5'h hrs 22 mins (2 breaks) 10'~ hn ~D/73S
681(ML) 83/,+ hrs 30 mins 629 48 mins + 9'h hrs 10.07 hrs
?/778
690 7 hrs 27 mins 48/, hrs
733 8'~ hrs 33 mins (2 breaks)
735 lO'h hrs 26 mins + 788 50 mins 6'~ hrs
11 mins
778 58 mins + 10 hrs
. 5'~ hrs
# 57014
BATH
HOURS & BREAKS
PERIOD: 13 August 1993
Tabk 16
Number of No breah Short breah Excess breah Early breah ~9 hr
910 hr 10+ hr 10+ hr
Clockcard crew who Excluding:~ l s (less than 35 mlas or exceedlag
(w/1 I hour shift (Inc. shift (ioc. shift lac. shift exe.
Date worked SP, PL, KM lesser eotlile~aeot) eotltlemeot) of ctartla'
) break) break) breah brea4
Cre~v Leql ~Cre~v Shllt Cre~r Th" after Shlh LenBth of
toddon/
No. of Shhn No. Leagtl ~8reak No. clechl~ lo ha~lk shlR Cre~v
No.
. .... _ . _
THURS
13/8/93 34 1 11 13 2 6 1 6 3
719 8 hrs 217 8~/. hrs 28 mins 622 15 mins 5% hrs 10'h hrs
?/275
614 11 % hrs 15 mins* 673 46 mins 5'~C hrs 11'~ hrs ?/614
614
621 (CC) 10'~ hrs 33 mins 10'h hrs CC/621
673 53/. hrs 32 mins 11 hrs ?/690 690
690 11 hrs 28 mins + 10'~S hrs JD/735
17 mins 11 '~S hrs ?/798 798
694 7'~ hrs 31 mins
778 63$ hrs 33 mins
783 6 hrs 32 mins
798 11 hrs 7 mins +
15 mins
799 6 hrs 19 mins I
* Only I brealc on I O+ hr ~iR
# S7036
- 22 -
P"
ML's Allegs
S'ment 1 . PRs are to be completed 2 weeks after
commencing employment and then every 4 weeks.
PRs always late (usually 16 months overdue).
. PRs done in large batches usually before/
S'm~t I after audit from H.O. They were often rushed.
Certain Managers use stock phrases often bear
little relevance to employee in question
consistent with managers general apathy to Pits.
S'm~t 3 eg: People ~fected:
209:42 :425
John Gore
Mike Stokes Kevin PerettJagon Flint
Matt Tilley
Shelley SmithMike Logan
PRs problems PRs problems Late PRs PR probe 1994ish & throughout
all his employment. PR probs 1994ish Late PRs 1994ish Late PRs
HR audits critical of PRs practices scored 'F' in about 1992
when Alan Charlesworth was Store Manager.
209:16:2130 . There was a PR file in managers office
everyone had separate sleeve with uncompleted
forms with crew's name and date preprepared at
top. Whenever they got their PR it appeared it
was at correct date as preprepared date not
changed eg M. Logan's @ Bath 1/ppl718
(personnel file) .
209:16:4330 . 80% of people got PRs late. Because late and
- 23 -
done in batches rushed through. People got 5p rise no relation
to performance.
209:16:4360
55:149
200:17:1230
58: 1543
.
PRs meant to be based on OCLs OCLs not done often enough.
ML did PRs for lobby staff kept referring to water softener
noone had clue how to use it irrelevant.
209:43:4751 . All disclosed store audits criticiseRs
normally quite bad.
209:50:1lff . I acquired strong privileged position in store
I
used to get my PRs late but I made sure I always
got back pay.
209:68:113 . 6 out of 7 rap notes record complaint about PRs
general gripe.
BUT
209:15:5760 . In E in C said error re timings of PRs (after
pffs. statements disclosed): PRs should be 3
weeks after starting & 4 months thereafter.
Doca show: K Perrett: B1/6 one occasion late: 2 at once.
S Smith: B1/3: none missing.
J Gore: B1/7: none missing.
M Stokes: B1/8: ? Aug 93 missing.
M Tilley: B1/5: ? none (or 92, one) missing.
M Logan: B1/A/1/2: 19924 none missing
(but 2 at once 21/3/93 &
21/7/93)
J Flint: B1/4: various missing.
- 24 -
Pffs. Evid:
SE/KP . PRs 3 weeks after joining and every 4 months
thereafter.
Sll . 1st PRs shouldn't be late marks end of
probationary period.
SR . Subsequent PRs can be delayed rare never
more than 3 months late.
Forthcoming PRs discussed at managers meetings.
PRs are an opportunity for management/crew to
give and receive feedback.
Not aware of complaints.
Denies apathy to PRs as a crew member I found
my PRs were taken seriously.
167:50:?? . 4 out of 7 employees cited by ML as having PR
problems still work at Bath.
lff7 :51: 125
169:~: 2340
.
SR does'nt recall 'F' grade on HR audits for PRs if the restaurant
did score an 'F' the managers would have done something about
it.
If we receive a bad HR audit we formulate an action plan at managers
meetings, we discuss it and set ourselves targets for monitoring
the situation.
168:34:2240 . If PRa late pay rises backdated happens from
time to time.
168:34:4260 . More likely people get pay rise on PRs than not
- 25 ~
usually 5plOp.
160:7:1760
CC
CC
CC
Very few probationers fail probationary PR about 6 p.a.
.
No personal problems with PRs never later then 2 weeks pay rise
always backdated.
My PRs lasted 1530 mins depending on what I wanted to say.
They were a fair reflection of my performance some too harshttoo
fair.
CC:
208:12:2339 . My pay is competitive I am content with it.
208: 30: 35ffO I earn more than my friends and I have better
.
prospects.
I don't agree that pay rises hard to get (see
Bath 1, pp243) not a problem within my group
of friends.
CC . CC knows of people who have had late PRs
208:30:1021 backpay always backdated.
208:31:49ffO . Starting pay "exceptionally competitive"
at
McDonald's in Bath a long way ahead of
competition we have in the area. Sainsburys
208:34:1117 pays better but it is not a good company to work
for, according to my friends.
KP . Had 2 PRs done at once on one occasion my pay
208:49:43 was backdated.
50:8
49 . St times PRs 23 weeks late.
26
KP
.
I am happy with my PRs they are a fair reflection of my
work and mypayrises reflect my performance.
Prefers MCDs system of increasing pay based on merit to 'across
the board' increases.
208:48:12BO . I did not go 2 yes wto a PR.
208:~:123 . My last late PR was during the time of Alan
Charlesworth: Dave Wynn and Phil Cummins
pretty good store managers and quite efficient
with Pits.
Ran notes record:
16.1.92. uP.190
Frequency of PRs is improving but there is a huge backlog. Some
people have not had a review in 4 months. Get multiple Pits.
Five
people present have had a review in last 2 months. Pay rises slow
to
go on have to keep asking.
29 . 6 . 92 . UP . 1 98 Crew feel managers are generally
apathetic towards Pits. Many PRs are late, one crew has just been
given 3 at once. At times, have to haste for back pay. All rises
over 5p have to be authorised by Alan (C). Generally, quality
of PRs is fairly high.
6.5 .92. Up . 207
4/6 had not had a review in last 4 months and those were late.
No
back PRs are done. Pay goes on if you watch it go on. PRs are
generally fair but some PRs are being done by managers who crew
do not work with.
- 27 -
27.7.93. ~n .219
Big recent improvement re frequency.
Recent improvement re punctuality. Time spent = 1560 mins.
Just the opinion of manager doing PR not consensus"
17.6.94. pp.231
Not being done some are up to 18 mthe overdue.
Some are being forged.
Not accurate reflection of performance.
2030 mins spent.
Not really consensus between managers.
Goals realistic and achievable.
24.2.95. pp.243
PRs behind at the moment but efforts are being made by managers.
Recently very good on time.
Pay rises had to obtain in some circa.
30 mins spent seen as enough time
One manager's opinion
Goals very good
29.9.95. up .257
Some missed, some are given on time. One 8 weeks from start has
had no PR. 2 done together because one PR missed completely.
Some system in place but is not stuck to.
Not accurate reflection of performance. Tends always to be 5p
regardless of performance. Some rushed.
Time spent mixed 10 mins depends on person.
Concensus of managers not always and they judge you on the
recent past not whole period.
Goals set are always realistic.
See also HR audits
pp.l61 (Grade B)
pp .173 (Grade D+)
pp.184 (Grade C)
28
Comments:
PR/payrise tables 1723 indicate (a) frequent rises above 5p (inc.
Logan) and (b) some people get pay rises more frequently then
every other PR (inc. Logan).
Table 17
PRS / PAYRISES / BATH 1 / SECTION B
JOHN GORE:
Annual Rise Year
PR Date Rises 15p rise 1992
05.07.92 Probationary PR
16.06.92 Co. Pay~ise 10p ~ £3.00
05.11.92 PR 5p rise
05.03.93 PR 5p rise 15p rise
05.07.93 PR 5p rise
05.11.93 PR 5p rise
05.03.94 PR 5p risep rise
10.07.94 PR 5p rise
15.11.94 PR 5p rise
15.03.95 PR 5p risep rise
15.07.95 PR 5p rise
a 39542
Table 18
MICHAEL STOKES
PR Date Rises
Annual Ree Year
06.05.92 Joined MCD's ~ £2.90 15p rise 1992
27.05.92 Probationery PR
16.06.92 Co. Rise 10p ~ £3.00
27.09.92 PR 5p rise
27.12.92 PR ~
27.04.93 PR 5p rise 10p rise 1993
27.12.93 PR 5p rise
27.04.94 PR 5p rise 1994
27.08.94 PR 5p rise
27.04.95 PR 5p rise 5p rise 1995
# 39542
Table V
IT ~ "V ~11~
PR Date Rises Annual Rise Year
20.05.92 Joined MCD's ~ £2.90 20p rise 1992
16.06.93 Co rise ~ £3.00
20.06.92 Probationary PR
20.10.92 PR lop rise
20.02.93 PR lop rise 15p rise 1003
20.06.93 PR 5p rise
21.09.94 Dining Hostess (PR (probationary) 1994
26.09.94 Left MCD's
# 39s47
Table 20
MAT~W THEY
28.04.90 ~ Joined MCD's 30p rise 1990
28.06.90 Prob PR 10p rise
July 1990 Co rise lop
03.08.90 PR
03.09.90 PR 5p rise
12.10.90 PR
13.12.90 PR 5p rise
13.02.91 PR 10p nse30p rise 1991
13.04.91 PR 5p rise
June 1991 Co rise ? lOp
NB not dear from the file but see J [lint
records for this Co. rise of top
13.06.91 PR 5p rise
09.09.91 PR
09.05.92 PR lop rise 15p rise 1992
07.09.92 PR 5p rise
26.01.93 PR 5p rise 15p rise 1993
26.05.93 PR 5p rise
26.09.93 PR 5p rise
05.05.94 Resigned 1994
28.05.94 Returned
11.06.94 Probationary PR
13.08.94 Resigned
#39S50
Table 21
TON FLINT
02.04.88 Joined MCDs ~ £1.58 20p rise I
25.06.88 PR
25.08.88 PR 15p rise
05.11.88 PR 5p rise
05.01.89 PR 5p rise 45p rise
05.02.89 PR? 5p rise
12.03.89 PR
05.05.89 PR 5p rise
07.07.89 PR
? 25p rise
07.09.89 PR5p rise
07.11.89 PR
01.01.90 PR 5p rise 45p nse
07.03.90 PR l0p rise
07.05.90 PR
July 1990 Co. Rise l0p
? M&Rman 15p
07.11.90 PR 5p rise
07.01.91 PR cap nse
07.03.91 PR 5p rise
June 1991 Co rise lop
07.11.91 PR l Op rise
07.03.92 PR lop rise
16.06.92 Co rise 10p
07.07.92 PR
07.07.93 PRlOp rise 15p rise
07.11.93 PR 5p rise
07.03.94 PR lop rise
07.07.94 PR 5p rise
07.11.94 PR 5p rise
07.03.95 PR ?/5p rise lop rise
07.07.95 PR 5p rise
1988
1989
1990
991
1992
1993
1995
a39548
Table 22
KEVIN PERRETT
21.10.87 1 JoinedMcd's@£2.10 1 5p rise 1 1987
20.11.87 1 PR 5p rise
02.12.87 1 PR
20.01.88 1 PR
18.03.88 1 PR7p rise 1 32p rise 1 1988
18.05.88 ? 1 PR
19.09.88 ? 1 PR
12.12.88 1 PR 25p rise
12.02.89 PR: promoted to Training Squad 269PP or 1989
12.04.89 1 PR: pay rise 17p or 5p?
15.05.89 1 Copay rise
12.06.89 1 PR 1
12.08.89 1 PR pay rise lop l
12.10.89 1 PR
12.12.89 1 PR 5p pay rise
12.04.90 1 PR6p rise
Promoted to Breakfast manager PRs kept in separate file
103.10.90 |PR I 1I99O i
03.02.91 1 PR 1 1 1991
16.06.92 1 Co.rise lop 1 lop 1 1992
13.01.93 PR 15p rise
1 13.05.93 1 PR l Op rise
13.09.93 1 PR 5p rise
1 13.01.94 1 PR 5p rise .
I 19.09.94 1 PR lop rise
1 19.01.95 1 PR lop rise
05.95 | PR I OP rise
30p rise 1 1993
15p rise 1994
~ 20p rise ~ 1995 1
~39S45
~ ~ ;~
Table 23
MICHAEL LOGAN
02.04.92 Reinstated ~ £.85 30p pay rise 1992
05.06.92 Co rise 15p
02.07.92 PR 10p pay rise + 5p overdue PR
Bl/1/5 "5p + 5p merit + 5p from overdue PR
21.11.92 PR ? pay rise
21.11.93 _
21.03.93 PR 10p pay rise 30p pay rise 1993
21.07.93 PR 10p pay rise
21.11.93 PR 10p pay rise
21.03.94 PR 10p pay rise 20p pay rise 1994
21.07.94 PR 10p pay rise
~39S44
29
Hustle
ML's Allegs
S'ment . Term used very frequently between approx.
19903: it meant "get a move on" when business
picked up.
209:29:156
209:29:5760.
But in XX:
Hustle was frequently used to justify running on front during
busy periods those not running told to "hustle" by
Logan and other managers.
At Bath hustle meant speed up in kitchen and start running on
the front.
.
On Saturdays (and most days) crew were expected to run on front
counter eg between till 14 (furthest till from shake machine)
and shake machine. We try to get customers through asap.
Customers on Saturday queued out of front door up the stairs
it was "appalling".
231:22:5 . ML agrees queues didn't go out on to the
street.
24:27 As soon as people came in they hit a queue
queues merged. Longest queue was from till 14
to door. Customers had to wait 57 minutes to get
food some had to wait a long time.
Pffs. Evid:
SR
Agrees hustle means get a move on it is not a
justification for crew running anywhere in
restaurant it is a danger to staff and customers.
- 30 -
CC
CC
208:18: 1530
KP
KP
KP
208: 70: 2440
.
.
2/3 years ago new OCL introduced with test on what crew
understood hustle to mean i. e. coordinating your actions to achieve
most efficient use of time and energy. Crew are restrained on
definition even if they pass OCL but get the definition wrong.
Agrees people did run behind counter before change of definition
down to shift running manager to deal with this.
Means work efficiently and quickly.
Dangerous to run on front counter as crew are serving hot drinks.
Never heard manager encouraging/telling crew to run.
Seen odd person running on front counter/on till in my experience
they are told not to.
31
Genere1 commute
ML'8 Alle"
8ta~t I . ML worked full and part time @ Bath for 5 years;
he was well respected and got excellent PRS.
Sent I . He had a period of 5 months not working
there (I. T . claim)
S's~nt I . In early 1994 ML was offered promotion he
refused because of his concerns about McD's
attitude to employees.
209:30:1021 . ML never filled in application form discussion
with supervisor only.
McD's treat employees as a cost not a resource
giving little regard to their rights or well being.
S'ment 2 . For 3 years he was shift running manager no
salaried manager was on floor for many of these
shifts.
ML tended to use salaried managers code to enter
husky hunter system.
209:30:2646 . I didn't accept promotion as I would have
had to
go on a probationary period as a salaried manager
I had been there 5 years.
231:
57:4254 .
I stayed as long as I did as I had a privileged
position w/i store. I got my requested hours
because I was a manager and had been there a
long time. I worked 4 day week, Wed Sat.
Used to work 5 days with Fri and Mon off none
of crew got this.
- 32 -
On some occasions I really enjoyed working.
231:58:110 . I sometimes found job satisfying. Satisfaction
from work high. Satisfaction from pay
nonexistent.
Things were better in the store in 1993/4 than
previously.
Pffs. Evid:
SR . SR not aware ML applied for promotion.
SR . McD's don't treat employees as a resource.
There are many long standing employees at Bath
inc 5/6 years longevity.
S'ment . Bath is not a depressed area many jobs
available if staff were treated badly they would
go elsewhere.
IH
20B :46: 1850
.
Referred to comment in Rap Notes @ Bath I/tab 10 pp 253 re: "short
of staff hiring arms and legs". At Bath we had the flexibility
to increase pay for starters in order to recruit more staff prior
to that we were not hiring the staff we wanted.
CC
208:33:915 . Starting rates of pay were increased to raise the
standard of the people we were recruiting.
CC . McD's didn't treat staff as a cost not as a
resource as alleged if so CC wouldn't have
moved from part to full time or from crew to
management.
CC . Communication within restaurant good.
. .5~
33
CC
CC
CC
208: ff :4S60
CC
208:7 :4954
I've attended regular rap sessions.
Managers are approachable and listen to problems, eg in June 1995
I was disenchanted with the job as I had been promised promotion
nothing happened. I talked to other FM's and they suggested
I talk to Phil Cummins ( SM) . I did he listened I got promoted.
Rap sessions attended by volunteers usually people with negative
attitude that attend.
.
I attended rap sessions 23 times when I was a crew member 24/2/95
(Bath 1 pp 237248): CC doesn't agree with many of the comments.
CC
208:8:3960 . McD's became a better company to work for in
last few years I had a lot of criticisms perhaps
more of individual managers being resolved.
CC
208:13:4359 . I didn't always contribute to discussions at Rap
sessions usually we were going for a drink at
the pub afterwards and we didn't want meeting to
last too long.
CC . When I was disenchanted with the job I had the
208:14:31 option to leave or transfer restaurant I was
15:9 stuck in a rut promotion gave me greater job
satisfaction and interest.
34
CC
208:22:12 . CC referred to comments made in Rap notes (eg
reasons for leaving @ Bath 1 pp 232); he does
not think these are necessarily true they are the
crew's views about other people's reasons for
leaving.
CC
208:32:3858 . I am enjoying pretty much everything at McD
at the moment the new job is in an area that I
do enjoy working. I get up and I like to go to
work no problems at the moment.
KP . If I felt McD's treats its staff as a cost etc I
would have left years ago.
KP . I have had opportunity to progress and I am
treated with respect by crew and managers. I do
not feel exploited.
UP
208:69:43 . In xx KP referred to Rap notes re Health and
70:18 Safety not being taken seriously B1/10/178: "we
do our best to keep standards high".
KP
208:70:129 . I am responsible (last 69 months) to ensure
filtering equipment okay. Filtering is done on my
shift.
KP
208:70:25 . McD's is a safe place to work KP can't recall
71:20 a serious accident never felt in danger himself.
- 35 -
Comment E loyment OKioe
ML's Allegs.
S'ment 3 . ML made his complaints about McDs to Employment
Office who discussed it with McD's McD's didn't
challenge the allegations.
13'm~t 3 . ML's complaints related to scheduling/
understafffng/food hygiene.
Reeponee to . I resigned my position on 9/11/94 when I
came
Emp Otto. into run the night shift and found I had once
Questionnaire again been scheduled a completely inadequate
number of staff to run night shift.
Shortstaffing occurred frequently because of
pressure by supervisor to reduce labour costs %
from 15%13%.
Scheduling manager cuts back on staff levels to
bare min. because of pressure.
As shift running manager I am liable for all
incidents concerning staff and customers.
On 9/11/94, 3 employees were scheduled for my
shift forcing me to cook and serve to keep up with
volume. Even at its quietest the restaurant
requires a min. of 4: 1 Kitchen, 1 till; lD/R 1
W&C.
.
Undermanning at night means that only a few are
left to close rest. dangerous as requires use of
machinery and hazardous cleaning materials by
hired staff.
- 36 -
Dangerous Be: ROD system (see Health & Safety: Grills, post).
One in every 3 of my shifts inadequately staffed continually occurred
as over 100% turnover.
ML saw no course of action but to resign.
ML didn't look for alternative employment he hoped the situation
would improve deteriorated.
Resigning w/o other employment v. difficult decision to take
no longer found it acceptable to be at risk of liability when
I had no control of Circe.
But in EinC
Re: 9/11/94
209:33:4452 . I was quite melodramatic in my first statement
to
employment office because I was worried about
not getting benefit I was worried about McD's
saying things.
209:34:2456 . Re 9/11/94: I put it badly I never worked
that
shift I walked out. I would have been forced to
do what I normally did i.e. work on W&C w/o a
break. 4 people scheduled on shift. Person on
W&C told me someone had rung up sick. No
manager downstairs at time.
209:35:1760
.
I came into store at 3.00 pm 3/4 hour early as
I was the shift running manager. Jo Stapley on
W&C told me that someone was sick. I looked at
the schedule and from what I saw I had 4 people
scheduled and one was sick. This didn't include
FMs. Only 3 to do close after 11.00 pm. I had
~ 37 -
had enough it upset me and that was it. I had an offer to make
art deco lamps and I thought "that's it". On the spur
of the moment I walked out I had had enough.
200:33:135 . Of the 4 people scheduled for close it didn't
include me or another FM. ML saw 3 on schedule
to do the close (between 4.00 pm and cl.)
209:39:1419 . ML stands by the letter to Emp. Off but
accepts he was going to do some work for a chap
making lamps fell through as ML dislocated knee.
I did not tell Emp. off. about that.
In XX Save:
231:11 :55 . On 9/11/94 I arrived between 34 pm. 4 crew
12:27 scheduled to do close. One was sick and FM due
to start at 4.00 pm. Couldn't stand the thought
of another close with so few people.
231:12:28 . Referred to CISEH (B1/2) re numbers on close
14:52 on 9/11/94. I could have been mistaken but they
could easily have rung people up agrees decline
in numbers on CISEH slow but just as likely
people asked to stay on.
231:24:35 . I got my benefit from DoE straight away as
27:7 McD's didn't reply. RR refers to McD's
responses I mean didn't reply in time.
ML agrees he would have got Gov't benefit if he
resigned of own his free wLU he would have got
income support same amount of money.
. ~
- 38 -
231: 27:~33 . I did not have an offer of a job from person
who
did art deco lamps explains injury etc. I was
going to show him my designs and if he liked my
work we were going on from there.
231:27:40~7 . ML disagrees with RR's version that ML scented
the opportunity to make art deco lamps
voluntarily resigned dislocated knee tries to
get benefit by criticising McDs.
Be: Contact US
209:34:1522 . There was pressure on scheduling manager from
supervisor to reduce labour costs if labour
running high shift manager would get grief
made him want to schedule under.
231:15:20 . Referred to CCF in xx for staffing levels in Aug
19:60 93/May 94/Aug 94 : these are during busiest
periods and you tended to have more people.
Understaffed around quite quiet periods.
But
Pffs. Evid:
CISEH and CCF for 9/11/94 does not support ML's version of events.
Latter shows that 7 people worked the close that night; former
that from 1 pm to 8 pm there were between 20 and 10 people working
(16 at 4 pm) and at least 7 from 9 pm onwards.
SR
lB8:ff:4453 . 9 or 10 employees on night shift on 9/11/94
adequate number of staff.
- 39 -
1~:1S:4430 . I was not on duty night of 9/11/94 ML
scheduled to run night shift. I had day off had
to come in and run night shift as ML resigned.
SR
139:4ff . ML scheduled 4close. He would have come in @
3. 30ish.
SR
169:6:914 . I was informed midday I came in and looked at
schedule I found no other manager there so I
did the shift myself.
SR
lff9:6:1935 . I received phone call from Jo Stapley about
midday I never saw ML I came in about 2.00
pm.
40
Health ~ thirty
(a) Grow
ML's Allegs
S'ment 1 . Due to a fault in the RCD system (installed
2
~ reap. to years ago) grills "regularly" tripped
out during
flap. 0~. busy periods happened on my shift once a
fortnight.
There was very little indication that the grills had
tripped so sometimes product was served
undercooked.
Tripping out happened so frequently trip fuse
was removed due to pressure of work.
Supervisors and managers were aware of problem.
Because the clam shell grills ("CSG")s at Bath
were smaller than normal (officially we were not
expected to cook more than 9 regular patties at a
time) during busy periods it was common practice
to lay 12 pieces; this contravened 'McDs' policy
on beef integrity.
Lack of space on CSG gave little room for error
this led to overlapping and seriously affected the
quality of the product.
I & other managers "often had to deal with
customers complaining of raw product (once a
week) . It was common practice to apologise,
replace the product and discard old product.
I do not remember using or seeing other
managers use IRFs to note these occurrences.
- 41 -
Problem with grills was apparent for many years still unresolved
too expensive to replace with larger grills even though lobby
got £350k facelift
EinC : changed to:
209:18:3060 . When RCDs first installed trip used to go off
looked like CSGs were on as all little heat lights
would come on pneumatics would still work
because they didn't seem attached to the current
that fed heat to grills.
209:18:3060 . So grills would indicate they were heating up
when no power was getting to them. You would
continue cooking 1/2 runs before you noticed
patties going brown/grey. By then you could
"guarantee" that you had sent over 12
hamburgers and 6 Big Macs undercooked.
209:20:430 . On Sats when the restaurant was very busy it
was v. hectic on the grill. If you had a piece of
raw meat coming out of side (of grill) you would
be too busy to notice or it was common practice to
turn it and let it go brown. You were never
sure whether it was raw or not, it was just turned
over and put on the bun. I did occasionally
throw raw product away. A lot got served with
the edges missed with raw meat.
209:20:55 . Problem arose as we were cooking 12 not 9 patties
21:19 on CSGs not designed for 12 patties. It was the
209:22:3553 same with ~ lber we lay 9 when you were never
meant to lay more than 6 squeezing them onto
platens.
209:23:3441 . A ilber could look very cooked on the outside
209:24:917 and yet be raw on inside you were so busy you
did not have time to check or tear one open.
- 42 -
231:2:55 . Before the beef integrity regulations were
3:6 introduced at McDs we didn't have a problem
laying 12 regulars after they were introduced
McDs policy was ignored.
231:4:3241 . I have never seen a patty laying guide (shown on
p2 of Taylor Freezers memo 21/3/88).
231:6:42 . ML's complaint is that Bath had smug CSGs
7:18 there was not much leeway which led to
undercooking because patties stuck out at sides
if undercooked we would flip it over for a few
seconds.
In XX:
ML was referred to: Ops. Manual pp66 diagram. J Atherton memo
pg 2 20/5/93 PVIII tab 18
231:9:2980 . ML agrees that for 4 years cooking 12 patties
on
231:10:4156 model 12 CSG was not in breach of McD's
policy.
ML's complaint that McD's beef integrity
regulations were ignored at Bath. I would accept
that they said you could cook 12 on these (CSG)
but you still had a fairly big problem because
you could only just get the meat on I was skilful
but even I had problems.
231:59:2240 . ML agrees top platen held down pneumatically and
if power fails/switched off lid would rise with
whooshing noise.
231:59:48 . ML doesn't know if the grills were powered by 1
60:30 current; "I do not understand the electricity
system. "
... ~
43
231:59:48 But when As first instaHed he was
kitchen
60:30 manager and he noticed meat getting "browner
and browner" but all lights showing grills were
heating and pneumatics working but grills not
getting hot happened for "several weaken
patties undercooked because for 2 runs you could
not tell that the grills had gone off as no power
was getting in although lights and pneumatics
worked grills and pneumatics independently
powered.
231:59:48 . "Browner & browner" changes to "greyer
and
60:30 greyer" .
231:61:3551 . This happened several weeks in a row
then
resolved.
231:61:3551 . During this time normally you have someone
complaining about raw food 12 times a week
because you couldn't fit all the meat under the
platen it was quite easy to make a mistake.
Pffs. Evid:
SR
There was a problem with the RCD system on
installation (installed for safety reasons) for 10
months.
If a manager established that the problem was
nonexistent (describes safe way of establishing
this @ 168:3840; the checking system takes 10
minutes) he would temporarily remove trip.
Decision taken in conjunction with Claydon
Construction Ltd (CCL) who installed ROD.
CCL were called about once a week problem now
resolved.
168:7:2334 . Problems with RCD not related to demand but to
138:37:3430 siting of boxes and design of building. CCL
warned us there would be problems.
138:38:3760 . RCD trip removed only if, after it tripped once
and all individual pieces of equipment checked to
see that they worked properly, it still didn't work
on resetting it. We then relied on individual fuses
on each piece of equipment. We had to log the
RCD fault and call CCL immediately and they
came within 23 hours (CCL on 24 hour call).
188:44:1222 . Each piece of equipment has its own safety
circuit RCDsonly introduced to prevent any
leakage which would lead to electrocution.
1B8:44:2344 . RCDs introduced nationwide out of capital project
budget, not store budget.
188:42:16 . Frank Stanton did issue a memo to say RCD trips
43:53 should never be removed by this time all RCD
systems adjusted so no excuse to remove fuses.
SR . It is difficult not to notice grill tripping out
all the lights go out temps drop quickly
pressure systems causes grills to open with
whoosh. Flashing lights on managers panel
indicates problem. Meat on grill checked and
undercooked meat thrown away.
SR . Crew encouraged to make visual checks.
lff8:37:332 . If RCD system covering grills tripped out grills
would be inoperable. Usually happened in
morning less likely over lunch.
168:45:735 . The lights on the grills are at knee level:
- 45 -
4 for front, middle, back and top platen.
168:45:735 . Power for lights comes through same socket as
grill. Heating system inside grill different from
control panel on front of grill but power going to
all parts from same RCD current.
168:45:3660 . There are 4 temp. settings on grill lights come
on when the grill is heating up they go out
when grills reach correct temp. (like domestic
ovens) .
168:46:58 . There is a set of lifts at top (eye) level of
47:54 CSGs for timers for cooking meat. These shut
down completely when RCD/power goes off.
Timers are LED so always lit up they only go
blank if RCD trips/power cut (so you would
notice if power fails).
168:47:249 . Crew always check timer lights integral part of
cooking.
168:48:137 . Although managers may not be in office to notice
panel lights recording problem whooshing sound
tells you RCD tripped.
169:20:10 . If cooking on grill and RCD tripped out at end of
21:43 cooking time we would check temps with
internal probe to see if cooked. If tripped even
979 way through cooking time all product is
discarded. Would probe 4 corner patties takes
seconds to do with internal probe. Time isn't lost
as the procedure occurs during 10 minute RCD
checking system after tripping.
1B9:21:5460 . The same procedure described above is
implemented for all products.
- 46 -
SR.Complaints are made about once a week rarely
substantiated.
lff9 :15: 37BO . Standard procedure: kitchen manager examines
product. If meat Undercooked placed in plastic bag
comae cooking that product and throw unsold
product away. No further cooking until
equipment, temps, times etc checked.
.
169:15: 3780
169: 16:3560
.
IRF's completed only if meat is actually undercooked; they must
be completed failure to do so is a disciplinary offence.
(Not for undercooked buns etc).
Vast majority of complaints are in relation to undercooked buns;
very rarely are they for undercooked meat.
169:1B:3530 . Doesn't agree undercooked meat complaints due to
overcrowding on grill.
lff9:18:321 . I have not had a genuine complaint about
22:52 undercooked meat I have been taught the
23:6 procedure I would expect to know about these
instances alleged by ML as (a) I run 4 shifts out
of 14 pw; (b) I've been at Bath 8 years & (c) I
attend managers meetings.
139:23:40 . I am not lying about procedures following (a)
24:2 ROD tripping; (b) checking internal temps with
probe; (c) complaints.
168:48:4730 . Bath still has 9/6 CSGs. We only cooked 12
patties when we were allowed to. MCDs then
reviewed its cooking procedures and issued new
169:19:2353 guidelines. These were designed to make sure
there was no chance whatsoever of undercooked
meat. We now only cook 9/6.
47
SR
168:44:2354
.
Facelift = £200k not £350k as alleged. It occurred at
the same time as the RCD overhaul. It came out of McDs central
capital budget; we had no say in this other than in relation to
the plans.
CC
208:37:19 . No recollection of grills tripping or problem with
RCDs At time I may have worked at weekends
so not aware.
208:38:338
208:37:1418
208:37: 1926
KP
UP
KP
&208 :59: 1528
KP
CC recollects grills tripping once or twice not a regular occurrence
he can't remember when.
Since becoming F?! in Jan 94 I have never received customer complaint
re undercooked product CC agrees that if a complaint was made
someone on till may have given the customer new product.
When I start at a station I always check temps, timers etc I
have never been asked to recheck them.
Recalls a time when grills tripped no knowledge of cause.
Not true that if grills trip there was no indication of undercooking;
there is a loud noise and all undercooked product is thrown away.
.
To cook 12 patties does require accuracy if patty corners are
undercooked these are thrown away. I regularly work grills this
is my usual practice.
Crew are trained in visual inspection as well as reliance on timers.
Defective food is discarded.
48
KP . KP can only recall a few complaints of
undercooked meat.
KP . Complaints are rare if they occur managers
check all timers/tamps etc.
208:S9:29 . KP recalls a complaint of undercooked meat about
60:12 a year ago. I was on wrap and call and someone
complained I told kitchen manager. I don't know
if IRFfilled in it is not my responsibility.
KP . I check meat temps @ 10.30am and 11.45am each
208: B2:1B53 day and I record internal temps of meat
and
chicken. If below 70 degrees and 80 degrees
respectively I throw them away. "We honestly
throw whole batch away of product if not cooked
company regulations".
208: B3 :10 57
208:ff3:1057
.
I once discovered grills not cooking properly by taking temps.
When I discovered meat was not cooked we chucked the whole run
away. Although the problem was spotted by the internal probe I
could tell that the patty was undercooked by visual inspection.
There was no need to break burger open (to check if it was raw
inside).
hr>
(b) Chicken Vats
ML's Allegs:
S'ment 1 . The vats used for chicken nuggets were
extremely unreliable.
They often tripped out giving no immediate or
obvious indication that they had done so.
Undercooked chicken was served before the
problem was noticed often only noticed when
customer brought back raw food.
Vats were continually repaired by service
engineers approx. once a month.
They tripped out 2/3 p.w.
The integrity of the chicken product was directly
affected by the poor condition of the vats. They
were unable to cope with the volume. They were
never replaced.
Changes in EinC to:
209:25:1541 . ML agrees whole vat goes off if RCD tripped and
that this is obvious.
.
I meant something different i. e. that there is a
specific vat for nuggets and chicken sandwiches
gas didn't ignite properly.
There was a tiny light at the bottom which came
on saying 'trouble'. The timer would still be on
and the chicken cooked for the first few runs as
the oil was still hot. The timers used to adjust
the time automatically according to the temperature
so
of the oil so it would leave chicken in longer; after 2 runs it
couldn't recover temp. as no heat and so chicken is going to come
out Brawn. person cooking too busy to see 'trouble' light.
209:25:4857 . I was always looking out for it (trouble light)
but it was not obvious.
209:26:1026 . Ignition of gas problem usually occurred when
231:ffO:4957 restaurant starting to get busy customers got
"undercooked" or "raw" chicken.
In XX says:
231:BO:57 . ML recalls 1 specific incident (of undercooked
ffl:4 chicken) because so many customers came back.
There was a Chinese girl on fillet and fries.
Product was completely raw she didn't know
what the chicken sandwich was meant to look like.
231:61:1033 . Tripping out of vat happened quite often over
the 3 years I was there it occurred once a
week. Service of raw product did not occur as
often as the problem was sometimes noticed.
231:62:135 . ML challenged that if timers thermostatically
controlled there should be no problem on the first
run.
ML "not an expert on timers" ... "but it definitely
happened. "
231:63:443 . ML challenged on being able to tell oil hot
because it goes bubble bubble". ML replies "it
may well sash" the first time the basket is put in,
but not the second. There are a lot of things
going on.
- 51 -
231:64:1. . "I do not have an understanding timeran.
We
were also short on temperature probes. Timers
broke occasion.
Pffa. Evid:
SR
168:55: 118
168:5ff:3358
188:57: 3242
CC
208:38:348
208:38:1832
KP
.
ML obviously not credible. Vats are linked to RCD.
It is obvious if they tripped out liquid stops bubbling lights
go out loud clicking sound and whoosh of air.
Same strict temp checking procedures for chicken as for meat.
If RCD trips out 1520 pieces of kitchen equipment affected as
well as grill side freezers.
There was problem for a while with control panel on 1 chicken
VAT led to vat not being able to work. Lasted 68 months. We had
a problem on a fortnightly basis repaired as soon as it occurred.
If vat broke down we immediately noticed it and product being
cooked thrown away.
No knowledge or experience of this allegation or that it happens
on regular basis.
If chicken vats tripped out you could hear it whoosh of air extractor
fans go off whole station shuts down.
I don't agree with ML allegs.
52
KP
Since 1993 it has been my reapondbility to check temps of vats,
grills and product for meat integrity. These are also checked
by a manager on the next shift.
Vats are not in a poor condition.
. I can only recall 1 component about undercooked
208:61:515 chickenvery very rare.
208:61:439 . Complaints procedure is the same for vats
as for
grills .
53
(c) As Tram
ML's Allegs:
S'ment 1 . The grease traps between 2 grills were broken
for approx 3 months. Consequently grease was
dripping under grills. ML asked when it was to
be repaired he was told when it could be
afforded. Repairing it would have affected P&L
even though it was a safety hazard.
269:85:4760 . I remember the middle greeae trap always being
broken it seemed to be hanging by a thread.
209:~:1051 . ML's Complaint is: repairs were done in a
Ane. J. badged way grease can fall out when removing
it split on one edge and razor sharp I cut
myself twice grease on floor dangerous.
Relies on RAP notes @ B1/10/204 & 225
Pffs. Evid:
SR Broken grease trap does not pose a health risk
problem as grease drips at back of grill and no
one walks underneath it.
Cleaned each night. Mess is not a safety
1B8 :54: 528 problem.
S'ment . Restaurant has monthly M&R and reinvestment
budget. The repairs not expensive and are done
by M&R man.
188:53:1857 . SR agrees that troughs break every week or
two. It is a design problem. McDs is working
on remedying it.
- 54 -
.
Grease trough made of SS and is v. rigid can
split on removing it.
168:54:528 . This is only a safety problem if grease comes out
in front of grill could only do so if grills are
not cleaned for 2/3 days. They are cleaned each
night so it did not happen.
168:54:1828 . By the time the hot fat hits the floor it is cold
169:13:247 and of fudge consistency. It is brown on white
tiles so visible to cleaning staff.
169:12:5880 . We did get replacement troughs.
139:14:20:22 . I do not recall grease troughs being broken for
3
months as alleged.
169:14:2451 . "Ludicrous" that I or anyone said grease
trough
too expensive to repair or would affect PAL for a
month. M&R man works 5 days a week. V cheap
to repair c 10 mins. J Flint has equipment.
Idea of paying him not to repair things is just
"stupid" .
CC . Grease trough has been fixed. Split seam welded
208:37:3560 not by JO but by service engineer. Jagon
doesn't have welding equipment.
If he had equipment it would be fixed at virtually
no cost.
208:38:112 . 15 grease troughs in store different ones go
pieces of equipment always go fact of life.
KP . No recollection of grease tray being broken but it
could have been.
S'ment . Unless there was so much fat leaking that it ran
55
in front of grills not a safety problem. More likely to be spotted
on close when grills moved for cleaning.
208:B1:314 . I have never seen grease leak out in front of
grills.
I,.
56
maintenanceIeodr
ML's Allegs
8'~t I . Before the electrocution of Mark Hopkins it was
common to get electrical equipment repaired by
"unofficial" M&R man Jagon Flint. He had no
formal training or relevant qualifications.
All managers were aware of this impropriety but still used JF
for repairs.
S'ment ~
208:28: 1548
208: ff7: 26ffO
208: B7: 2BBO
.
Common practice for managers including ML to be asked to fix electrical
equipment (mainly toasters).
ML "often" found toasters patched up with blue plasters
I remember opening toasters and seeing them. I've looked in toasters
twice seen other managers do it, not crew.
ML refers to rap notes @ BI/10/189 re "toasters need replacing
keep breaking down" (see pp 197, 204; 212; 225; 237/8; 249/50;)
I fixed a couple of toasters. The bun board of Big Mac toaster
could slip down metal very heavy and very hot (420450 degrees).
It would slip down and burn as no guard (new toasters did have
them).
208:B4:34 . Blue plasters "not necessarily" insulating
tape.
ffS:5 . Never seen blue insulating tape at Bath
definitely plasters.
But
1
208: 28: 50ffO . Accepts JF was qualified "quite competent"
S7
Pffs. Evid:
SR:
JF has certificate in basic electrical safety he has subsequently
qualified as an electrical engineer.
Managers sometimes repair toasters but only after completion of
appropriate trading course.
Spare toasters available never seen them patched up with plasters.
lff8:58:55 . The repairs the managers undertake are ea.
59:32 replacing buzzer or timer is. self contained part.
They would not repair wires as this was for
service engineers.
CC: Spent . I do not recall toasters breaking down regularly.
I have never seen them patched up with plasters.
208:39:1830 . CC referred to RAP notes @ Bl/pl89:
"toasters
need replacing "it could have happened".
RP: . I do not recall toasters breaking down regularly
I have never seen them patched up with plasters.
In my experience repairs are fixed quickly.
Food Inter/Hy~iene
ML's Allegs:
Pa S~
S'm~t 2 . On occasions freezer stickers were put on out of
& l~ponso date product to enable restaurant to avoid "use
to Imp. Off. by" date esp. 1991/2
209:4ff:4157 . When the store was at its most "dodgy"
if the
manager who ordered buns noticed that some were
going out of date and that the restaurant was not
going to run out of buns he would try and cover
up the fact that he had overordered by doing
this. Happened a few times I have seen it
happen.
So
S'ment 2 . On 2 occasions in 91 and 93 sewage came up
through drains in backroom people had to carry
on working cardboard put down reached 1
metre from grill then worked stopped.
S'ment 2 . Second time only affected backroom food
dressing table shifted.
209:47:124 . In the backroom there was a big grease trap
together with a little drain with a metal top on it.
"Stuff" came up the little drain and lid popped off
if people using/flushing toilets upstairs and if
toilets blocked you would have stuff come up in
backroom. We stopped people using toilet but as
they are on 15 min flushing cycle a lot still came
through.
- 59 -
lFood Ylelde
8'a~t 2 . There was pressure to achieve targets re food
yields ML saw manager add water to water down
shakes. He overheard managers discussing
possibilities of increasing air content to increase
yields. Often the practice to underfill shake cups
if shake yield targets hard to meet that week.
209:47:3B55 . The trick if the shake mix yield was poor for a
week it could be improved on Saturday during
busy period by short measures (underfilling).
You pour it a cm under where it should be, put
lid on, turn it over, bang it, cup would fill up.
Common practice I did it as did a lot of other
managers.
231:70:3557 . All I did was hear 2 managers discussing the size
of orifice of shake mix machine (explains orifice
and air screws ) . All I heard was 2 managers
discussing whether they could get different size
oriface.
231:71:12:36 Milkshake doesn't leak out of straw hole in lid
if
you turned it over and banged it shakes v.
thick and would not quickly subside. (They
would if they were watered down!)
231:71:12:36 . Occasionally we got a complaint about short
measures. We did it all the time (ie underfilling).
Freezer Temperature
S'ment 3 . Temp. log of inkitchen freezers not reaching
correct temps.
209:43:53 . We got tamp . logs for freezers in about 1994.
44:6 . Everyday chicken and nugget freezers in fillet
- 60 -
and pie area never showed correct tamps. was meant to be 20 degrees
but used to be 8 or 9 degrees. The seals were changed occasionally
but situation never improved.
231:B7:17 . There was one main freezer upstairs holding all
ff8:3 the stock. There were 2 smaller freezers
downstairs in backroom for holding frozen
product for a shift. There were 2 small freezer
by grills and vats. "I have not got a clue" &
"I
did not know (holding time for these) was 2
hours" .
231:68:8 . I don't know if smaller freezers were meant to be
B9:28 20 degrees. I am just saying they never
reached that temperature (referred to Atherton
memo/f VIII tab 18 ML says distinction between
grill side and vat side freezers as meat patties
used more quickly than chicken product).
231:70:1725 . On Sats fillets and pie freezer filled up at 10
am and 11.30 pm. On weekdays the 10am fill
would last from 104 pm.
231:70:15 . Unused chicken product returned to main freezer
at end of day.
231:69:48 . I did not allege freezers below20 degrees were a
70:1ff danger to public health I was just pointing out
that they were not20 degrees (as per daily
product safety check list). "That is perhaps
why it was never resolved; it didn't have to be"
Illegal transfer of stock
Response to Em. off. Questionnaire
Fresh produce not available because mistakes ordering never resolved.
Covered up by transfer of stock from other stores often
61
"illegally by using out of date product.
208:73:37 . I knew it was against company standards to
74:4 transfer food. Since 1994 had to use refrigerated
vans. Never used easier to put product in taxi.
231:65: 20
":ff
231 :65:20
8ff:ff
231 :66:58
67:17
209:38 :529
.
.
Frozen stock delivered to store 2/3 times per week every 2nd
day. ML agrees there was enough space in freezer for 150 boxes
of fries, 70 boxes of patties.
If ordering done properly no need to transfer food. But large
volume of business on Saturday and if error made in ordering we
ran out.
Transferred frozen patties and fries go straight into kitchen
for immediate use as running out McNuggets might get refrozen
in main freezer.
ML is not sure if you are able to transfer dry stock but there
were occasions when taxis turned up with boxes of chips and a
box of regular meat from Bristol: i1 hour away.
V. difficult to run out of regular meat but we did I saw it in
taxi once.
Salads
Reap to
Em. Off. . Common practice to sell salads from day before if
Questionnaire too many made.
Pffs. Evid:
62
Freezer Temperatures
SR
188:50:52
5159
188:57:1137
1B8 :57: 1137
Freezer temps checked 8 am, 2pm, 6 pm and midnight. Normal to
reach correct temp. unless there is a problem or it is being defrosted.
.
Temp checks are part of daily product safety checklist (DPSC)
.
Couple of times a day temp. of small freezer eg grillside freezer
not reached this is why we keep meat there for 1 hour now, not
4.
lB8:51:52 . Ran out of stock once a fortnight. If frozen
52:21 product ran out, refrigerated van ordered or we
phoned Golden West to find out if there was a
van in the area this is the easier option. If dry
stock ran out used managers car or taxi.
188:54:4057 . V.rare to run out of shake mix, fries chicken
and buns.
188:54:4057 . Once a fortnight we ran out of stock not
necessarily frozen or refrid. product because
delivery every 2nd day and shelf life 3 months.
208:B2:55B0 . I check temps. of grills every morning and
someone checks on afternoon shift.
Salads
SR: 1B8:~:55
7:B
.
Not aware of salads from previous day being sold or incorrectly
dated. There is no food integrity audit for salads; there is for
meat and Bath scored above average 612 months ago.
- 63 -
UP:
I am responsible as breakfast manager for checking fridge in the
mornings. If I find previous days salads I throw them away, as
do others.
Salads are made freshly each day I regularly see waste bins filled
with discarded product, inc. salads.
Out of date DrodUCt
SR . I am not aware of designation of buns as freezer
lB8:10:4BBO buns and difficult to do as date is designated
by
suppliers.
lB8:7:50 . Not "illegal" to transfer stock,
company policy is
8:9 if you run out of stock, you transfer from
another store.
IH
20B:4B:35BO
KP
KP
208:B4:3142
.
.
.
Freezer stickers not put on out of date buns. Denies alleg.
I have no recollection of out of date buns being used I have
regularly compacted product inc. buns past 'use by' date.
Buns are delivered in plastic wrapping with 'use by' date stamped
on it together with "use by date if frozen". Buns have
4 day shelf life can be frozen within that time if so can stay
in freezer 30 days on removal stamped with removal date have
to be used within 48 hours rigorously observed.
Buns can be frozen if they are overordered.
- 64 -
UP
.
Shift running manager has to ensure out of date product is not
used if I are it I tell shift manager.
.~
IH . Only recalls blockage once; 34 years
206:47;446 ago I could not make the decision to close
rest.
So I phoned the supervisor of the rest. He called
Dynorod who clean our drains on a contractual
basis they sorted problem. Rest. reopened
next day.
Food Ylelde
IH . Food yields there is a band I have never
206:47:47 seen anyone add water to shake mix or food
48:23 product at any of 8 restaurants
I have worked
In.
IH . Never heard of increasing air ratio of shakes or
206:48:25:43 underfilling shakes. On Saturdays 1 crew
member put on shake machine to pour shakes at
correct level usually they overfilled them.
208:ff2:5580 . I have never watered down drinks, seen
it done
or been told by salaried managers to do it.
DANNY OLIVE Career History
p7: 289
p7: 237
Joined McDonald's September 1989
Joined Bath October 1993 when started at Bath University
Resignation letter: Left April 1995
# 5 N095
6S
DANNY OLIVE
DAY 287: 512
Allegations
p7: 1422 Agrees with all allegations in Mike Logan's first
statement except:
B'ment Clockcard alterations to reduce labour
Swat Toasters patched up with blue plaster.
p9: 1433 PRs not every 2 weeks and then every 4 but 21
days and 4 months
Resignation Latter 19.4.95
7:50 Confirms contents of letter'19.4.95.
8:27
I went into detail in my resignation letter
8: 4150 because the store manager would read it and the
Area Supervisor I hoped they would do
something about these areas (of complaint) so that
other FM's would not leave because of the same
pressures.
9:379 PRs did not always happen every 4 months.
10:31 I was given a reference by McDonald's in Jan.
11:2 1995 as I was in my 3rd year of a degree course
and I could take a placement in industry. I asked
for a reference from my employer.
But In XX Accepts that he has had 2 PRs in the 6 months
at Bath when Phil Cummins was Restaurant
Manager.
- 66 -
Pffs. Evid:
IH: 8~'aent DO joined Bath as FM following transfer
unreliable re lateness ( See Rap notes Bath
1/10/233) .
206:48:55 Typically worked two evening shifts p.w.
49:5 usually Fri/Sat close. 9 hours = maximum shift
length usually.
20ff:Bl: 2031 No recollection of him objecting to
doing closing
shifts.
Re: alb~ptions in Reduction letter:
1. I do not have necessary qual~ations required to run abortss
(i.e. PYrst Aid, shift runny ~nager's course).
IH: Not aware if D.O. had first aiders certificate
20B:63:428 or not but there has to be a First Aider
on shift
it can be another manager (or someone else).
208:33:3955 I do not know if he had done shift running
managers course I did not check. All salaried
managers have done the course and all FM's now
have I cannot remember the position with FM's at
the time.
NB:
It is clear from reference 29.1 .95 . that he has passed his FM's
course.
2. Lack of Support forced to run date without adequate support
(i.e. other qt~U~-Is and nut amounts of crotr)
IH 20ff:B3:56B4:B
D.O. not forced to run shifts without adequate support i.e. without
qualified managers/sufficient
- 67 -
crew. Usually other managers would work in rest. at the same time
when DO ran shifts.
206:64 When D.O. was shift running manager he was not necessarily
the most senior person on the shift.
3. Paid a tiny amount of money for a hum rospondbility (i.e.
holds the shift, ah depositing, runny shifts, ~ log) despite recent
rim Curb high veh~ r~urant.
SR D.O. left after he had been given a pay rise and
1B7:47:2552 he said his responsibilities outweighed the pay
rise. He deserved a pay rise and got the pay
rise he deserved.
IH FM's are trained to cash up and handle large
20B :84: 3460 amounts of money.
206:65:721 I do not know if D.O. had access to the Husky
Hunter or whether he had a code Husky can be
closed down up to 10 am the next day so he did
not have to use it on a close.
4. Reduced clothing allowance.
IH Reduced clothing allowance administered by store
206:65:3051 manager and supervisor. Lobby staff and FM's =
£85; salaried managers = £150.
11
D.O. only worked two shifts a week compared to
salaried managers 5 days (i. e. so did not need
enhanced allowance).
5. Pay firs continuity not to11Otred up on tam and inappropriately
carried out.
DO DO accepts in XX that he had two PRs in the
267/12:2739 previous 6 months under Phil Cummings.
68
IH DOsPits/pay reviews were done by the Store
206:35:529 Manager because DO was an FM. IH has no
knowledge of allegation.
B. Inedeguate time oR between ·hfft .
IH
20ff:~:111
NB
I do not know what he means he worked two shifts Fri. and Sat.
starting at 4 p.m.
See Table 1 & DO's hours May and August 1994.
7. Inadequate break berths if any at all.
IH
206:ff~: 1322
D.O. never complained about inadequate breaks.
206: ~ :1322 FM's did not clock out for breaks during
DO's
time they do now you would not see from
clochcard files how long a break he had he
never report a problem to me.
NB See Table 1 of DO's hours for May and August
1994.
8. No reward scheme for P~'s and lifted recognition
IH Bonus etc. are in the discretion of store 206:B3:3257
managers they are not guaranteed.
9. Unlimited job description.
IH All members of staff, salaried or hourly paid, do 208:67:233
a number of jobs performed by crew. Managers generally coordinate
crew who work stations etc.
AUle~atione 1012 No specific evidence.
DO: Table 1
DANNY OLIVE Hours
Joined Bath September 1993
Lent Bath April 1995
Clock card flies available:
1. August 1993: Danny Olive had not yet
arrived
2. May 1994
._
Clockcard Date Time from Start Length of Break Length of Shin
of Shin to Break ins Break
1.5.94. (Sat) 12.05 22.33 10~/2 hours
8.5.94. (Sat) 8.13 10.59 23K houn;52m 8 hours
ll.S1 16.10
12.5.94. (Wed) 15.57 19.29 2~/: hours m 6 homs
19.38 21.50
15.5.94. (Sat) 12.05 21.30 91/2 hour;
19.5.94. (Wed) 17.03 19.34 2~/: hours5m 8~/: houm
20.19 01.28
22.5.94. (Sat) 8.20 16.32 8'~ hours
20.5.94. (Wed) 14.00 19.56 6 hocus0m 12 homs
20.36 02.00
~ 42~3
2-
3. August 1994
Clockcard Date
Time from Start of ShiR to Break
Length of Ba ak
Length of Shin
8 hours
31.8.94. (Tues) 11.15 16.13
17 11 19 14
_
5 hours _
1 hour
1.9.94. (Wed) 16.0917.19
18.18 past midnight
23/4 hours
52m
8 hours
Comment:
D.O. was FM during these periods and did not have to clock in/out
for breaks.
DO: Table 1
Summary
1. On the evidence, and, in particular, in the light of the documents
relating to the 6 periods selected by J., it is clear
(a) that Alan Beech's evidence was almost wholly unreliable;
(b), that, though Heathrow went through a slightly 'rough' patch
under Mr Nevison, it was, even then, by no means a badly
run restaurant, particularly in relation to hours worked and breaks;
and
(c) that the two principal areas in which Mr Nevison's
regime was open to criticism (weak recruitment and U18s working
past midnight), having been brought to Mr Khazna's attention
(by Kim Moffatt, in part), were remedied when Mr Roberts
took over from Mr Nevison (though the former problem,
unsurprisingly, took longer than the latter to put right).
2 . In the result, the Heathrow evidence is wholly favourable
to McD's: an average sort of rest. whose 'problems' (such as they
were) were effectively resolved by the company's management systems.
i
MCDONALD'S HEATHROW
TRANSCRIPT REFERENCES
KU MOFFATT(K~nDAY212
Evidence in Chief: pg 5 38
XX pg3878
No reexamination
PAULLEMA~E(PL)DAY212213
Evidence in Chief: D.212 pg 78 82
XX D.213pg 2 19
No reexamination
STEPHENPLAISTER(SP)DAY213
Evidence in Chief: pg 19 21
XX pg2129
SEMORKHAZNA (SK) DAY 213
Evidence in Chief: pg 29 35
XX pg 35 72
Reexamination pg 72 74
DAWDROBERTS(DR)DAY214
Evidence in Chief: pg 2 28
XX pg 29 69
Reexamination pg 69 70
ALAN BEECH(AB)_DAY215
Evidence in Chief:
XX
Reexamination
# 24511D
1st statement: pages 2 13
2nd statement: pages 13 22 pages 23 62 pages 62 65
PREFACE
1. For crew's break entitlement see:
Pink XI/5/24:
Up to 3 has 34 hrs 45 has 510 has 10+ has
2. Tables 57 exclude:
no break 15 mins 30 mins 45 mins 45 + 20 mins
Night closes Crew finishing previous day's shift.
SP identified FMs, TSs, etc, by reference to the CCFs:
213: 257
See also CCFs for periods 18 and 19 (pages 176), where, in KM's
ms., are indications of who was a FM, etc (see, eg, pp 1, 8, 9,
18, 19, 31, 38, 44, 50, etc). She also signed the AARs for each
day. See her evidence as to this: stmt., para.2 (Y XB/39L); 212,
pp 22, 42, 43,45 (as to checking CCFs and AARs).
4.
Periods 2 & 3 and 8 & 9 are calculated for every fifth
day (so as to produce a 'random' sample).
Periods 18 and 19 have many CCFs missing, so that it has been
impossible to take every 5th day. The nearest day to the 5th has
therefore been taken instead, except where there is a no CCF for
the day after that (because that makes it impossible to calculate
the length of shift for those who finished after midnight).
SUMARYY OF ALLEGATIONS
ALAN BEECH Heathrow Store
1. Under 18's working past midnight.
Allegations: Under 18's "regularly" worked
past 12 midnight inc. AB.
. . '
AB regularly asked to stay between 1/4 hr to 5 hrs after end
of scheduled shift.
Several shifts over 10 furs. AB did 23 shifts of 131/214 hrs
BUT: AB can only recall ( in XX) one e.g. of working extra 6
furs. (12 noon to 2 a.m.).
Only 2 e.g.s from disclosed does of AB's shifts working
beyond 12 midnight when U18 (1& 6 mms).
AB did no shifts over 10 hrs when U18.
When U18 never worked more than 38.40 hrs per week.
Pffs. Evid:
KM DR SK Happened occasionally under Riley more frequently
under Nevison (due to understaffing and poor
management) .
Sometimes happened at beginning under Roberts until he
recruited more staff.
KM KM checked U18s not working past midnight raised
SK problems with Managers and at meetings. Reported
problem to Semir Khazna as Nevison not addressing
problem. (See KM's checks on clockcard file to verify
her comments).
PL & SP PL and SP never worked after 12 when U18.
Comments: The documents do not support allegations made
by AB
(See Tables 24)
Systems in place (inc. responsibilities of KM) to identify
and resolve problems.
# 23989
Under As ("IJ18s") working
Past midnight inc AB
AB Allegs:
B'ment 2 . AB's Normal shifts: 12 noon 8pm
4pm 11pm or 12pm
B'ment 1 . Under 18's "regularly" worked past
12 including
AB. Often pressurised and pestered into
working past 12, even when AB started.
215: . 99% of time would never go home when scheduled.
14:1~10 Pressurized to stay 15 mins 5 has extra.
This happened to others.
S'ment 2 . "Normal", "regular" and
"common" to work Her to
23: 5160 5hrs extra.
24:53 . Several of AB's shifts over 10 hours, including
a
25:46 couple of 13~14 has shifts.
B
36:115
24:150
In xx can only recall 1 occasion when pressurised to work an extra
6 furs: 12 noon 2am. This is the same 14 he shift referred to
in 'Long Hours' tab, post.
In xx referred to RR's fortnightly chart of hours (Table 1) :
In fact:
Period Allen in Evidence: Time recorder clock¢ard
details show:
1 1 shift in fortnight No disclosed documents.
2 4x10 hr shifts in fortnight 5 shifts (Hrs/mins):
7.51; 7.57; 7.58;
7.24; 7.59.
3 4x10 he shifts in fortnight 6 shifts (Hrs/mins):
8.03; 8.13; 5.55;
8.09; 6.10; 5.20
4 1 shift in fortnight No disclosed documents.
:
8 4x10 he shifts in fortnight 4 shifts (Hrs/mins):
8.04; 8.54; 7.07;
9.04
.
10 2 shifts in fortnight No disclosed documents.
NB: Shift times include
breaks.
These does . show, for the 6 periods to which they relate, that:
AB did no shifts over ten hours when U18 (Tables 2 &
3).
AB worked beyond midnight when U18 on 2 occasions (Tables 2 &
3) :
15/12/93: 12/12/93:
00.01 ) Table 2, 00.06 ) post.
Tables show AB worked past midnight 5 times when over 18 (Table
4):
3/7/94 : 00.19
11/7/94 :
24/7/94 :
27/7/94 :
28/7/94
Periods 2 and 3} and 8 and 9}
Clock card missing
01.06
Clock card missing
: 01.06
Have highest totals for fortnights when AB was U18 (35.27, 37.53,
38.50,
28.12): see table 1. If the actual figures, taken from the original
does show that AB's allegations in respect of these periods are
wholly false (as they do), then it not credible that they could
be true of other periods when he worked fewer hours.
Pff's Evid:
KM:
S'ment
212: 22:160
.
It was her responsibility to check U18's not working past 12 midn..
Happened occasionally under Riley more frequently under Nevison.
Reported problem under Nevison to Semir Khazna. She also checked
excess hours and audit adjustments eg:
See Heathrow clockeard file 4/7/94 11/7/94 pp 176 for KM's markings/comments.
23:18 She would raise problems of U18's and excess
24:27 hours with managers separately and at managers
meetings. Reason was understaffing.
41: 38 Dave Roberts was first person to solve
42: 21 understaffing problems in the restaurant.
PL
S'ment Never worked after 12 when he was U18.
SP
ment Never heard complaints from others.
213:26:436 Never worked beyond 11.55 p.m when he was
U18.
SK
S'ment Cannot recall being told of U18 problem by KM.
Became aware of it (not at the time) from store
reports which he checked.
50:53 It occured during Nevison's time and SK told
51:58 Nevison it was to stop as not company policy.
DR
S'ment When he took over restaruant he found
understaffing, lack of discipline and poor
management .
4:15:52 Recruited 44 new crew first month and improved
discipline and management.
13:11 When DR took over the rest. (25.6.94) he did the
14:22 scheduling. U18s scheduled to 11.45 pm. As
* See, eg,pp66 he recruited more staff* he scheduled U18s to
11
and 72 of the or 11.30 pm.
Crew Payroll
Summary Sheets in
the original Heathrow
file, which show
the new starters
('S'3 in late June
and the early part
of July 1994. See
also 'Long Hours',
post
54:48 57:13
Documents
Accepts U18s worked past 12 midnight under his management. As
he recruited more staff he put a stop to it. Systems can be put
in place, e.g, he used ISP scheduling programme.
He made sure he had enough staff to work these hours who were
of the correct age.
Time recorder clockcard details 21/11/93 18/12/93 ) When AB
13102/94 12/03/94 ) U18
Tables 1 4 re: AB's hours .
Clockcard files }
Audit adjustments reports }
Staff excess hours }
03/07/94 30/07/94
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. `3 -q . la . 4 =3 .
0 . ~ q
.-
:. 3<
~ . oo
(~. 1
29. o~
2.f. l,
~ 14
~4 + 7.r
f.r _ 2t.r
2~. ~ _ o.. 6
. .
S~ 6 18,G
°1 . 6 _ Z . 7
3.7 _ l6 .7
r7. 7 30 .7
,
_
3~.' _ (3.'
_
14.8 _ 27.t
. _
8_ ~o,q
. _
t °l ~ 4, 9
14. oo
. ~'
7. 3z
6. oo
~ ~ o3
. .
O .~r
~ ·=
_ _ a ·aa
16.0, z.o8 _
16. `5 2~^o
4+ . z~ ^. oo
47 4f
33. 27
6, 14
~21. o8
TABLE 1
.~.
' i~s '.
~JS~
3
15 G
1 T~ q J ~o
11
rl~
3
4
~s
~ ·~+
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0. oo
o. a.
c'. oo
16
J~
l£?~s
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20
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_ ~
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(
TABLE2 HEATHROW: ALAN BEECH'S HOURS
(Clochcard File No: 994484 )
KEY:
a. Time from Start of Shift to break
b. Length of Break
c. Total length of shift including break
PERIOD 2
PERIOD 3
# 34S57
~
1993
SUNDAY
.
MONDAY
TUESDAY
WEDNESDAY
15.58 tol7.14
17.57 to 23.55
a. 1 l/4 hrs
b. 43 mins
c. 7.57 hrs
15.56to20.14
20.58 to 23.55
a. 41/4 hrs
b. 44 mins
c. 7.59 hrs
THURSDAY
FRIDAY
.CATIJRnAY
21.11 TO27.11
28.11 to 4.12
15.58 tol9.15
19.58 to 23.49
a. 3 1/2 hrs
b. 43 mins
c. 7.51 hrs
12.57 to 16.14
16.59 to 20.21
a. 3 1/4 hrs
b. 45 mins
c. 7.24 hrs
15.59 to 18.10
18.57 to 23.57
a. 2 hrs 10 mins
b. 47 mins
c. 7.58 hm
5.12to 11.12
15.58 to 21.06
21.50 to 00:01
a.5hrs
b. 44 mins
c. 8 hrs 3 mins
5.57 to 19.00
19.43 to 00:06
a. 3 hrs
b. 43 mins
c. 8 hrs 9 mins
13.57 to 15.01
15.40 to 22.10
a. 1 hr
b. 39 mins
c. 8 hrs 13 mins
14.56 to 17.37
18.14 to 21.06
a. 21/2 hrs
b. 37 mins
c. 6.10hrs
12.10to 13.42
14.25 to 18.05
a. 1 l/2 hrs
b. 43 mins
c. 5 hrs 55 mins
~
11.58 to 14.37
15.08 to 17.18
a. 2~/2 hrs
b. 31 mins
c. 5 hrs 20 mins
12.12to 18.12
TABLE 3
. KEY:
a. Time from Start of Shift to break
b. Length of Break
c. Total Icngth of shift including break
HEATHROW:
ALAN BEECH'S HOURS
Clochcard File No: 994464)
PERIOD 8
PERIOD 9
# 34916
1994 SUNDAY
13.2 to 19.2 15.56 tol7.22
18.13 to 23.00
a. the 20mins
b. 51 mins
c. 8.04 hrs
20.2 to 26.2 16.02 to 18.00
18.49 to 23.09
a. 2 hrs
b. 49 mins
c. 7.07 hrs
27.2 to 5.3 19.53 to 23.22
23.38 to 23.58
a. 3~/2hrs
b. 16 mins
c. 4.05 hrs
6.3 to 12.3 16.00 to 20.02
20.50 to 23.53
a. 4 hrs
b. 48 mins
c. 7.53 hrs
MONDAY
TUESDAY
WEDNESDAY
. THURSDAY
FRIDAY
SATURDAY I
12.09 to 14.07 14.55 to 21.03 a. 2 hrs b. 48 mins c. 8.54 hrs
12.01 to 14.01 14.52 to 21.05 a. 2 hrs b. 51 mins c. 9.04hrs
12.04 to 17.44 18.33to21.11 a. 5 hrs 40 mins b. 49 mins c. 9.07
hrs 12.02 to 14.31 15.15 to 21.46 a. 2~/2 hrs b. 44 mins c. 9.44
hrs
TABLE 4
KEY e.
a. Time from Start of Shift to break
b. Length of Break
c. Total length of shift including break
HEATHROW:
NB: Beech was 18 on 5.4.94
ALAN BEECH'S HOURS
(Clockeard File No: 994464)
PERIOD 18
PERIOD 19
#35212
1994
SUNDAY
MONDAY
TUESDAY
.
WEDNESDAY
. TWRSDAY
FRIDAY
SATURDAY |
3.7 to 9.7
11.55 to 13.33
14.18to20.55
21.19 to 00.19
a. 11/2 & 61/2 hr
b.45 &26 min
c. 12.24 hrs
15.33 to 17.59
18.52 to 22.47
a. 2 1/2 hrs
b. 53 mins
c. 6.54 hrs
10.i to 16.7
18.29 tol9.42
20.31 to ?
a. 1 hr 10 mins
b. 49 mins
c. 51/2 + hrs
17.7to23.7
16.00 to 21.20
22.07 to 01.06
a. 5 hrs 20 min
b. 47 mins
c. 9.06 hrs
15.55 tol6.52
17.40 to 19.40
20.13 to ?
a. 1 &2hrs
b. 48&33 min
c. 8 + hrs
24.7 to 30.7
11.59 to 14.03
14.55 to 19.40
a. 2 hrs
b. 52 mins
c. 7 hrs 41 min
UNDER 18'S: CLOCKCARD ADJUSTMENTS
Allegations: To hide U18s working past 12 midnight, managers
altered clockcards.
Crew would lose unsocial hours increment.
AB was asked to work beyond 12; when he said he was
too young managers told him how time records could be
altered.
AB never saw them making adjustments to his file.
Reason so few premium hours recorded for AB is because
of adjustments to his hours/files.
BUT: Unlikely AB's hours were adjusted (see notes If.).
Pffs. E:
KM, SK It happened under Nevison not under Riley or Roberts.
KM, DR KM checked clockcard files and audit adjustments (see
her ticks and comments).
KM Crew would not loose out financially would be over
compensated, if anything.
DR It happened for a time when DR found out that some
m'gers were doing it he put a stop to this.
Comments: Docs do not support allegations by AB.
How did AB know he could not work past 12, as alleged, if he
never received crew handbook?
We accept it happened under Nevison and for a time under DR
he put a stop to it.
No evidence of financial loss to crew.
# 23989
Under 18's cloctcard adh~tmenta
AB's Allegs:
'ment 1 . To hide U18's working past 12 midngt. managers
altered clockcards.
c'ment 2 . Crew would thus lose unsocial hours increment.
14: 318
4:13 . AB was asked to work beyond 12 midngt when
AB said he was too young as he was U18, he
was told by managers how the time recorders
could be changed.
4:2757 . AB never saw m'gers making adjustments to his
c/c file he saw them making adjustments to
others. Could not tell what adjustments were
made coincided with request to work beyond 12
midnight (i.e. about 11.5011.55 pm when AB
alleges he was there).
25:58-60 . Reason so few premium hours recorded in AB's
c/c files is because of audit adjustments.
But:
.
Although there are no audit adjustment records
available for AB's period of em'ment when under
U18 the alleg. is unlikely to be true for the
following reason:
S'ment 2 . AB's normal scheduled hours: 128pm
4llpm or 12.
.
Tables 23 (ante) of AB's hours (for 412 shifts) show pattern of
AB finishing before (or 16 mins after) 12 midnight and
starting at 4pm on each occasion. If the clockcards had
been altered as alleged by adding hours worked after 12 midnight
to the beginning of the shift you would expect the starting times
to be, say, 23 pm. Not so.
If AB never received a crew handbook and had a very short orientation
(see orientation tab, post), how did he know he could not work
past 12 midnight to enable him to raise this with the managers?
Pffs evid.
KM
Moment
42: 3145
43: 1650
45: 130
55: 4280
SP
S'ment
DR
S'ment
12: 5460
13: 18
55: 143
56: 513
Documents
Clockcard files
This did go on under Nevison but not under Riley or Roberts. KM
knew because she checked clockcard files and audit adjustments
reports. Crew would not have lost out financially would be paid
for more time than worked to compensate them.
KM did not tell SK as she did not know for a fact that
it was going on (but she did tell him that U18s were working past
midnight).
No knowledge of clockeard adjustments. Never heard complaints
from anyone else.
Due to understaffing U18s worked past 12 midngt; when DR found
out that some managers altered cards to hide the fact he put
a stop to it.
DR has never done this. KM made him aware of problem. DR looked
into problem spoke to all managers about it more important to
put a stop to it than conduct detailed investigation into the
past. Did not interview crew individually.
Audit adjustments reports }
3/7/94 30/7/94
Tables 23 from time recorder clockcard details 21/11/93 18/12/93
13/02t94 12/03/94
NB.
AB says clockcards adjustments always coincided with midnight
(when crew asked to stay on assumes audit adjustments relate
to this).
But
2041:46:3 Mike Logan at Bath says audit adjustments have to be
made at end of day/close (ie. about midnight) so
nothing sinister in adjustments being made at this time.
LONG HOURS
AIIegations: People worked long hours inc. AB who
worked a 14 hr shifts when U18 (122 a.m).
AB worked 10+hr shifts up until he left.
AB has seen and heard of others working 16 hr
shifts 12 days in row (accepted by AB as hearsay in E in
C).
"Common" to work 12 hr shifts (inc. AB).
BUT: AB did no shifts over 10 hrs when U18 (longest 9.44
hrs me. break).
Only 1 recorded e.g. of 12 hr shift when
18+.
1.06 latest recorded time when 18+.
AB volunteers he can work excess hours during
holidays.
Allegations not borne out by table of crews hours
(see Table 11).
Pffs. Evid:
KM, DR, SP, They accept that some crew and managers worked long
PL & SK hours due to understaffing under Nevison's
management.
Changed under DR who recruited extra staff Took DR
34 months to solve problem.
KM KM checked excess hour sheets daily and would raise
long hours (if a problem) with managers.
SK SK checked staff hiredlterminated etc. for crew nos.
under Nevison.
.
DR Does not recall AB working 12noon2 a.m shifts.
~ ~989
Long / l~xcess Hours
AB's Allegations
8'mont 1 . People worked long hours, inc. AB who worked
a
5:416:6 14 hour shift when U18 (12 noon2am) wasn't
allowed to go home.
S'ments . AB worked 10 he shifts right up until the time
he
1 ~ 2 left.
He has seen and heard of people working 16 has
shifts 12 days in row*.
B: 750 *NB: 16 hrs/12 days = Accepted as hearsay
3:537:B . "Reasonably common" for AB to work
12 he shifts
and "fairly sure" he worked other 13} 14hr
shifts .
38:21 . AB only scheduled for 8hr shifts never for
37:20 10hrs. AB would rather go home than work
extra hours (unless he needed the money).
36:4260 . AB would work beyond scheduled has on both
412pm and 128 pm shifts most common on
latter.
But:
Silo Tabloe 24
* These are the only candidates for a 2 a.m. finish in all 6 periods.
Period 2: 5 shifts all between 7~8 has
Period 3: 6 shifts all between 5~8t has
Period 8: 4 shifts all between 7.079.04 has
Period 9: 4 shifts all between 4.059.44 has
Period 18: 3 shifts: 12.24 furs; 6.54 furs; 5} has+*
Period 19: 4 shifts: 7.41; 9.06; 8 has+*; ? 9 furs.
NB: Some cloclicard files missing for periods 1819: See Table
4.
Periods 18 & 19 have highest premium hours when AB 18+; unlikely
to have happened in other periods.
Only worked past 12 (other than 16 mins) when 18+;
1.06 a.m. latest recorded time.
See Table 8, post re: Pffs . estimate of AB's scheduled hours.
AB ticks on application form that he can work extra hours.
See tables 57 re: all crews' hours for periods 2 & 3, 8 &
9 and 18 & 19.
Pffs Evid:
KM
S'ment . Some Crew and Managers worked long hours due
49:2152 to understaffing. Changed under DR as he put
49:5750:9 emphasis and time into recruitment 43 recruited
first month.
49:2152 . Describes recruitment techniques introduced by
DR .
22: 2460 . KM checked excess hour sheets daily. If she
24:1238 noticed a problem she would speak to managers
59: 2948 and/or lady who did scheduling and bring it up
at Managers meetings. She would expect it to
stop a few days later unless there is a good
reason.
PL
S'ment . Understaffing did occur on occasions which put
pressure on others on the shift. If someone failed
to attend, others would be asked to stay on whilst
manager phoned around for more crew.
PL was happy to do so never forced to stay.
212: 79: 1632. 213: 3:7 _ 446
4:525.35
Worked 3540 hours per week as fulltime crew. Hours increased when
he became FM to about 50 has per week. He stayed on to work these
hours by choice to complete paperwork etc not pressured
to do so part of his responsibilities as FM.
.
Hours reduced under Roberts to, about, 4045
p.w.
Referred by Defs in xx to :
213:5:43~:40 Oct 93 : 114 has and 111 has per fortnight
(pa 1 & 7): Nevison
July 94 : 94 has and 98 has per fortnight
(pa 68173): Roberts
Aug 94 : 92} furs: 106 furs; 115hrs per
fortnight (pa 82, 93 & 97): Roberts
6:41 60 . Did occasional long hours under DR more long
hours under previous managers.
9:1928 . Has never done a double shift, even as Manager.
SP
S'ment . Never heard anyone work 16 he shift (as
26:5527:25 alleged) .
" " . Fulltimers scheduled 5 days a week if crew
work more hours it is because they ask for it.
S'ment . SP's longest shift = 14 has when he volunteered
to
23:2838 put up some shelves.
S'ment . SP has been asked to stay 12 has after end of
27: 2B34 shift, e.g, no shows/mixscheduling he considers
S'ment this "fair" as he has not been ordered to do
so.
Happened more under Nevison as crew able to get
away with 'noshows' (due to lack of discipline).
DR stricter and everyone knew what was
expected of them.
S' ant . Works 5 am 2 pm shift because he requested/
21: 14 likes it.
SK
S'ment . SK made supervisor to improve store when
Nevison was manager as SK was an experienced
supervisor. Found it understaffed. Recruiting
difficult because of lack of discipline.
S'ment . Responsible for appointing DR as manager to
resolve problems.
. .
50: 1121 . By the time SK handed over responsibility for the
store (under DR's m'ment) staffing levels = 160
crew; 6 managers; 12 Elks.
S'ment . Describes measures he took to improve standards
under Nevison.
S'ment . Staff not scheduled to work excess hours. SK
32:5254 checked schedules and spoke to Nevison about
understaffing.
32:58 . Reason for so many new starters on 29.3.94
34:55 payroll record (Heathrow/p.34) = new Feltham
crew.
40:43
41:40
38 :42
39:47
45: 3460
52:727
47: 3460
48: 1360
54: 2838
57:23
58:60
59: 12
72:10
73:60
NB: Describes system for training Feltham crew.
SK agreed that the restaurant was also understaffed under Riley.
However, it grew worse when Nevison became manager as crew numbers
started to reduce.
SK checked records of staff hired/terminated/working on payroll
on a weekly basis. Also checked weekly labour % and scheduling.
Nevison was dishonest with me he was hiding problems.
SK told his senior supervisor and recommended that DR take over.
When a rest. is understaffed crew are working harder but business
may fall as less customers.
SK checks crew are being paid properly and that PRS are done on
time (relying on audits). Co. policy for PRs to be done on time.
Referred in xx to payroll summary sheets:
Pa~e 55 Page 60 Page 65 Page 69 Page 75
Nevison: 130 names 43 zero hours = 87 crew working
Nevison: 118 names 33 zero hours = 89 crew working
Roberts: 137 names 25 zero hours = 105 crew working
Roberts: 154 names 33 zero hours = 121 crew working
Roberts: 141 names 21 zero hours = 120 crew working
74:14 . This difference between 89 and 121 crew working
makes a great difference to the operation of
restaurant .
DR
S'men t . When DR started he found rest. understaffed
and
49:1925 some crew working long hours; he increased
numbers within two weeks.
S'ment . Some crew volunteer for extra shifts he never
forces them to work these.
10:53 . Does not recall AB working 12noon12midnight
11:24 shifts .
Does not recall AB being pressurised to work
past end of shift, particularly for five hours.
29:752 . Disagrees with SK's estimate of optimum staffing
levels of 160 crew. Prefers 170, including all
hourly paid employees, to run a good restaurant
to cover holidays, study, etc.
33:160 . Crew usually remain on payroll 34 weeks after
leave/termination before they are deleted*.
(*NB Beech stayed on payroll for 6 weeks).
35:442 . There was an excessive number of people kept
.
on payroll under Nevison not necessarily sinister.
DR had no need to lie about how many working under him.
39:2953 . When DR started he ran labour costs higher
at
about 17.5% this was his decision. This reduced
by 11.5% as crew were trained up.
41:40 . July September 1994 when DR arrived he was
42:8 understaffed .
49:35 . Referred in xx to Heathrow/pp 689, 73, 86,
50:1 8990, 93, 95 as e.g. of crew working 90100
hours+. DR accepts a number of crew working
50:322 long hours when he started it took him 34
months to sort problem out.
58:59 . Crew do not necessarily have to work harder
if
60:8 restaurant understaffed. Managers help out and
customers wait longer.
69:8 During DRis first three months he had between
70:35 101130 crew. By December he had solved the
staffing problem; by Jan. he was in the position
he wanted to be (where he had enough crew and
could help other restaurants).
DocuuDente (Heathu~nw E1le 1)
Crew payroll summaries: page
pages
33 re: Feltham crew
1, 7, 68, 73, 82, 93 and 97 re:
PL's hours: (October, July, August)
pages 55, 60, 65, 69, 75 re: crew on
payroll with zero hours
pages 66, 69, 72 and 76 re: new starters
under DR
pages 689, 73, 86, 8990, 93, 95 re egs
of crew working 90100 plus under
Nevison
pages 100101 re: new starters in Oct
1994 under DR.
Tables 14
Table 57
Table 8
AB's Crew Information
re
re re re
AB's hours All crew's hours (every fifth day) AB's estimated scheduled
hours. AB volunteering he can work extra hours during school/college
holidays.
[Back to Index]
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150, 45
152,58
179,23,43
179,25
(d) Lack of staff during holiday periods and no staggered recruitment
179,23
179,40
179,36
179,25
179,44
195, 467
195, 8, lines 212
56-58 and 60ff
195, 71
179, 45
p.42 of PR b
150,30
150,27-8
151,46
150,38
151, 48
151, 49
150, 42
150, 36
152, 21
152, 26
154, 46ff
154, 49
153, 40
154, 41
152, 24
153, 25
153, 26
153, 39
153, 312
153, 63
154, 44
152, 53
153, 8
153, 61
152, 75
BATH
Day 168
Day 169
Day231
209:70
209:89
pt time, May 94
no closes over 17 days
2 closes over 20 days
Sat only 1 w/e
5 closes only (max 2 p/w)
30/27/37/27 hrs p/w
Tables
Front of
Bath 2
Sun only 1 w/e
Sat & Sun 1 w/e
8 closes (max 3 p/w in month)
35/31/25/34 hrs p/w
Tables
Front of
Bath 2
Worked 1 day each w/e
17/13/24/6.01 hrs p/w
Tables
Front of
Bath 2
Left
Worked 3 week 9 hrs after llpm in month
only 1 w/e off
2 w/e worked 1 day
32/17/9/25 hrs p/w
Tables at
Front of
Bath 2
1 per week x l
2 per week x l
27 worked after llpm
3 w/e worked 1 day
1 w/e worked 2 days
31/43/37/20 hrs p/w
5x1 wk.; 2x1 wk.
31 hours worked after llpm
3 w/e worked 1 day
1 w/e worked 2 days
39/32/44/23 hrs p/w
28 hours worked after llpm
1 w/e off
3 w/e worked Sat & Sun
8/43/30/40 hrs p/w
Tables
at Front
of Bath 2
Hours/shifts okay, but hours short due to hiring.
Average hours: 30-35; average closes 2-3; average days off: 2-1;
average length: 7 hours; requests honoured.
Fair but ISP causing initial problems.
Average hours: 35/40 full timers; 16 part timers;
average number of closes 23, not seen as
problem.
Requests honoured, seen as very good. Holidays: yes.
To improve situation? N/A
Shifts and hours fair; average hours: 35-40;
average closes: 2; average days off: generally 2;
but sometimes 1; average length: 7-8 hours;
1/8/93 Sunday
16.01 - 16.46 17.20 - Close? * 3/8/93 Tuesday
16.01 - 16.40 17.07 - 19.32 l9.51 - 01.14 4/8/93 Wednesday
11.34 - 16.23 17.19 - 20.59 7/8/93 Saturday
16.01 - 17.06 17.56 - 01.20
8/8/93 Sunday
11.00 - 12.10 12.56 - 17.00 9/8/93 Monday
16.05 - 17.04 17.53 - 22.53 10/8/93 Tuesday
11.36 - 15.36 16.20 - 21.00 11/8/93 Wednesday
11.29 - 15.01 15.50 - 17.59
15/8/93 Sunday
17.02 - 18.01 18.47 - 01.19 16/8/93 Monday
11.13 - 14.43 15.18 - 16.58 17/8/93 Tuesday
17.04 - 19.15 20.01 - 01.00 18/8/93 Wednesday
16.02 - 16.39 17.22 - 22.54 21/8/93 Saturday
10.23 - 10.32 11.17 15.18
23/8 Tuesday
17.09 - 19.38 20.18 - 23.00 24/8 Missing 27/8 Friday/Saturday Missing 29/8/93 Sunday
08.03 - 09.37 10.20 - 16.03 30.8.93 Monday 11.02 - 11.31
12.01 - 14.47 15.06 - 16.05
16 Days: 5 Closes
17 Days: 6 Closes
30/4 Saturday
16.00 - 18.29 19.16 - 01.51 1/5 Sunday
16.17 - 17.07 17.55 - 01.00 2/5 Monday 10.16 - 15.32 3/5 Tuesday
11.30 - 15.56 16.51 - 18.17 5/5 Thursday
12.09 - 14.53 15.41 - 18.20 6/5 Friday
17.09 - 18.08 18.59 - 00.16 10/5 Tuesday
12.01 - 14.00 12/5 Thursday
15.59 - 16.41 17.31 - 03.01 14/5 Saturday
13.03 - 14.10 14.37 - 17.00 17.26 - 22.00 15/5 Sunday
11.37 - 13.31 14.21 - 18.03 16/5 Monday
12.10 - 14.44 17/5 Tuesday
14.46 - 16.06 16.55 - 20.03 18/5 Wednesday
11.34 - 12.27 13.15 - 16.10 21/5 Saturday
15.58 - 17.47 18.36 - 02.42 22/5 Sunday 16.16 - 17.15
17.58 - 00.48 23/5 Monday 16.05 - 17.06
26/5 Thursday 17.34 - 18.07
28/5 Saturday 11.40 - 12.34
29/30/31 Monday 11.12 - 16.00
NB: * denotes closing shift
#35776
16 Days: 9 Closes
2/8 Tuesday 16.05 - 17.26 18.13 - 01.29
3/8 Wednesday 12.17 - 16.13 17.03 - 20.04 6/8 Saturday 09.07 - 10.57 11.47 - 16.22 8/8 Monday 16.00 - 16.58 9/8 Tuesday 17.49 - 00.43 10/8 Wednesday 11.42 - 15.33 13/8 Saturday 16.22 - 19.24 14/8 Sunday 14.12 - 18.01 16/8 Tuesday 18.51 - 01.11 17/8 Wednesday 16.08 - 18.05 19/8 Friday 18.55 - 01.11 20/8 Saturday 12.04 - 13.48 21/8 Sunday 14.39 - 20.32 22/8 Monday 16.06 - 17.36 23/8 Tuesday 18.23 - 00.25 24/8 Wednesday 17.00 - 18.29 19.14 - 00.17
16.05 - 17.16
18.05 - 01.04 *
NB: * denotes closing shift
#35822
*Worked but hours unclear/probably close3/8/93 Tuesday 11.28 - 15.26 20.32 - 21.14 5/8/93 Thursday 16.12 - 19.53 22.46 - Past Midnight* 6/8/93 Friday 11.31 - 16.58 17.46 - 19.58 7/8/93 Saturday 09.57 - 11.04 11.32 - 15.00 * 9/8/93 Monday 08.03 - 11.18 12.02 - 16.07 12/8/93 Thursday 09.59 - 13.38 14.19 - 16.04 14/8/93 Saturday 16.01 - 18.20 19.05 - 01.01
Week Off? No entries
29/8/93 Sunday 16.03 - 20.19 21.06 - 00.04 30/8/93 Monday 11.35 - 13.35 14.24 - 16.59 31/8/93 Tuesday 10.03 - 11.05 11.50 - 16.13
11 Days
4 Closes
NB: * denotes closing shift
# 35691
17 Days: No Closes
30/4 Saturday 12.00 - 14.10 14.55 - 20.00 1/5 Sunday 11.02 - 13.00 13.44 - 18.00 3/5 Tuesday 06.44 10.33 11.16 - 14.04 6/5 Friday 06.57 - 11.13 11.55 - 14.02 8/5 Sunday 06.35 - 10.19 11.07 - 14.40 9/5 Monday 06.43 - 11.23 12.09 - 14.01 10/5 Tuesday 06.37 - 11.03 11.49 - 14.03 11/5 Wednesday 06.36 - 11.42 12.31 - 14.02 12/5 Thursday 06.38 13/5 Friday 06.33 - 10.55 11.41 - 14.04 17/5 Tuesday 06.33 - 11.01 11.46 - 14.10 18/5 Wednesday 06.34 - 14.00 19/5 Thursday 06.34 - 10.52 11.35 - 14.07 20/5 Friday 06.32 - 12.10 12.53 - 14.01 21/5 Saturday 06.37 - 11.12 11.54 - 14.56 23/5 Monday 06.37 - 13.01 24/5 Tuesday 06.15 - 12.10 12.38 - 13.13 29/30/31
Sing
20 Days, 2 Closes
1/8 Tuesday 06.36 - 11.14 12.00 - 14.06 3/8 Wednesday 06.35 - 10.48 11.03 - 12.04 4/8 Thursday 06.38 - 11.09 11.57 - 14.05 5/8 Friday 06.33 - 10.02 10.50 - 14.10 7/8 Sunday 16.04 - 18.09 18.59 - 00.58 8/9 Monday 11.37 - 16.00 16.44 - 18.01 9/8 Tuesday 06.36 - 11.06 11.58 - 14.03 10/8 Wednesday 09.05 - 11.29 11.04 - 14.30 13/8 Saturday 11.42 - 15.27 16.13 - 19.02 14/8 Sunday 11.34 - 13.32 14.09 - 20.01 16/8 Tuesday 06.35 - 11.09 11.54 - 14.34 18/8 Thursday 16.01 - 17.24 18.00 - 02.05 20/8 Saturday 11.06 - 15.15 16.00 - 17.15 21/8 Sunday 11.04 - 11.16 23/8 Tuesday 06.40 - 10.38 11.23 - 14.11 24/8 Wednesday 07.07 - 12.06 25/8 Thursday 07.11 - 10.38 11.27 - 14.38 26/8 Friday 06.39 - 11.41 12.25 - 14.07 14.08 - 14.19 29/8 Monday 07.05 - 10.33 11.17 - 14.35 30/8 Tuesday 08.08 - 13.39 14.24 - 16.04
NB: * denotes closing shift
# 35639
KP would prefer to be paid 16 time on Sundays.
Some flap notes record complaints.
PP 221 main reasons for others leaving McD's: pressured environment.
Altering clockcards more common occurance when
ML first started there.
If crew forgot to clock out at night likely they
wouldn't get paid at all as nobody checks
schedules against clockcards.
J. comments that whilst crew might miss an
hour or so at end of week, unlikely to miss
nonpayment of whole shift.
See AAR's in Bath 2 no egs. of these adjustments including AAs
for ML @ pp 593, 670.
AA's must be signed by M'ger and witnessing M'ger.
Payroll surgery "every fortnight" but compare:
Payroll surgery "occasionally".
SR made adjustments but crew consulted and if crew not in restaurant
he would leave a note for next shift manager.
Denies that he or others made AA's with a view to saving labour
costs.
IH never heard of the practice in any of the 8 stores in which
he has worked.
AARs kept in lever arch files in managers office next to crew
request book available to crew to look at.
Never received any complaint about the incident involving SR from
ML or any crew about docking hours.
Crew know how to complain if they have problems with payroll.
IH in xx referred to Rap notes (B1 /199 see below)
CC & KP . No knowl. of my clockcards being altered
resulting in less pay.
CC KP. I check my payslips and have never noticed
discrepancy.
KP . Never heard of anyone else complaining. Do not
know if others check payslips.
Em/ees coerced by M'gers to take short breaks.
On many occasions crew worked 6+hrs without break.
Drinks breaks only 12 minutes & have to be taken
in M'gers office not crew room.
Common practice every Sat. for "most" people
who start 10/10.30-llam to be pressurised into early break almost
immediately. Then they work 11.30am 6/7pm without a break.
ML refers to CCF's 12/08/93 and finds lots
of
people who took less than 45 mins or had no
breaks .
In ML's 5 years at McD's the situation never
resolved.
ML doesn't dispute RR's analysis but suggests May is not representative
month. It happens during busier times.
Some egs in and in
Bath I: HR audits
Sats. very busy. Try to get breaks out of the between 9 and 12.30
and from 2pm onwards.
Until recently FMs not made to clock out for breaks they always
took some breaks though.
ML used to take Ha breaks because he made phone calls in top office.
Also he was a smoker and needed breaks, even if small.
Has never experienced problems and has never felt abused.
As an FM, CC has found no difficulty in getting people onto break
at suitable time.
On Saturdays, when he was crew, if he went on break early, he
got 15/20 minutes later. This happened quite often. He never found
this a problem.
I probably takes Her breaks don't need extra time my choice
as crew room not exciting.
Managers happy for crew to come back early if they wish to they
can't monitor every minute no health and safety implications.
CC sends crew on breaks at reasonable times for his station/area
of responsibility) near middle of shift.
My job is to keep employees as happy as I can if they want 30
mins not 45 minutes that is fine.
I am happy with the breaks I'm given. 9/10 times I get 45 mins.
Crew not forced onto early breaks but they can be asked.
If crew do have an early break they are staggered ie 20 and 20
minutes later during their shifts.
A few egs of early breaks in CCFs (see Tables 816) but no direct
evidence that crew dissatisfied other than Rap notes:
Rap noterecord complaints of short/early breaks
eg pp 199; 217; 229; 241; 255.
Heathrow