Day 153 - 12 Jul 95 - Page 07

     
     1
     2   MR. RAMPTON:  Are we talking about the basic starting rate or
     3        not?  Are we talking about the average rate, which is -----
     4
     5   MS. STEEL:  We are talking about the basic starting rate, which
     6        is relevant to this supposed compensation of removing paid
     7        breaks.
     8
     9   MR. JUSTICE BELL:  Argue the figures in due course.  There is a
    10        difference of recollection between Mr. Davis and what
    11        appears in Mrs. Harrison's statement.  We will hear her
    12        evidence in due course, if she is called.  If I think it is
    13        important, I will have to decide which I prefer.
    14
    15   MS. STEEL:  (To the witness)  So are you saying that the Company
    16        received written authorisation from all employees with this
    17        change over?
    18        A.  No.  I think it was the other way round:  if they did
    19        not want to take the pay rise, then they would inform HR or
    20        the Manager who had organised it.  I am sure there
         was -----
    22
    23   Q.   You mean if they did not want to change from paid breaks to
    24        unpaid breaks?
    25        A.  That is right.  I could not be certain, but there were
    26        two or three people in the Colchester restaurant who did
    27        not want to take paid breaks -- sorry, who wanted to remain
    28        with paid breaks.
    29
    30   Q.   They had to write a special letter to demand that they be
    31        kept at the previous conditions?
    32        A.  Or inform the Manager, who would organise it.
    33
    34   MR. MORRIS:  Even if was a 15 pence rise, which does not look
    35        like it ---
    36
    37   MR. JUSTICE BELL:  I can do the maths myself.
    38
    39   MR. MORRIS:  -- it is still less than -----
    40
    MR. JUSTICE BELL:  No, do not ask it, please.  If I can do a
    42        simple sum, there is absolutely no need to put it to a
    43        witness,
    44
    45   MR. MORRIS:  Your evidence is that you only remember two or
    46        three people given authorisation to stay with paid breaks
    47        in the Colchester store?
    48        A.  My recollection is there were two, three people, at
    49        most, who wanted to stay with paid breaks, yes.
    50 
    51   Q.   Presumably, all the others positively wanted a pay cut, did 
    52        they? 
    53        A.  This is what I cannot understand.  I remember people
    54        being quite positive about it, because, initially,
    55        I remember there was an advantage to taking the pay rise,
    56        else nobody would have taken it.  They were definitely
    57        given the choice and they were definitely allowed to make
    58        some sort of decision.  So, the way you are doing your
    59        calculation does not, standing here, seem to add up.  But,
    60        you know, obviously the figures you are quoting to me