COLCHESTER

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 lines 1222

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
150, 45

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
152,58

(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
179,23,43
179,25
(d) Lack of staff during holiday periods and no staggered recruitment

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
179,23

(f) Burns etc

179,13-14
179,40

(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
179,36
179,25

(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
179,44

(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
195, 467

(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

195,55-66 195,56

(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
195, 8, lines 212

(i) Contradictory evidence about FS

cf with lines
56-58 and 60ff

(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
195, 71

(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
179, 45

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
p.42 of 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
150,30

(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
150,27-8

(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
151,46
150,38

(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
151, 48
151, 49

(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
150, 42

(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
150, 36

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
152, 21

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
152, 26

(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
154, 46ff
154, 49
153, 40
154, 41

(b) Substitute list for those willing to come in at short notice.

152, 34
152, 24

(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
153, 25
153, 26

(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
153, 39

(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
153, 312

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
153, 63

(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
154, 44
152, 53
153, 8

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
153, 61

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
152, 75

[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

BATH

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
Day 168
Day 169

Ian Hendon

Day 206-7

Chris Cox

Day 208

Kevin Perrett

Day 208

Michael Logan

Day 209
Day231

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
209:70
209:89

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
pt time, May 94
no closes over 17 days

See Table 46

fully flex August 94
2 closes over 20 days

Jane Girdlestone

May 94:

Sat & Sun 3 w/e
Sat only 1 w/e
5 closes only (max 2 p/w)
30/27/37/27 hrs p/w

See BLG
Tables
Front of
Bath 2

August 94:

2 w/es off
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

See BLG
Tables
Front of
Bath 2

Andy Shakespeare

August 93:

2 closes only - 3 40 hours worked after llpm in month
Worked 1 day each w/e
17/13/24/6.01 hrs p/w

See BLG
Tables
Front of
Bath 2

May/Aug 94:
Left

Scott Shepherd

August 93:

4 closes only
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

See BLG
Tables at
Front of
Bath 2

Jason Dixon

August 93:

11 closes 4 per week x 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

May 94:

14 closes 4x1 wk; 3x1 wk;
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

August 94:

12 closes - lxl; 2x4; 1x3
28 hours worked after llpm
1 w/e off
3 w/e worked Sat & Sun
8/43/30/40 hrs p/w

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
Tables
at Front
of Bath 2

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
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.

24.2.95
Fair but ISP causing initial problems.
Average hours: 35/40 full timers; 16 part timers;
average number of closes 23, not seen as problem.

Average days off: 2; average length: 68 hours, no problems.
Requests honoured, seen as very good. Holidays: yes.
To improve situation? N/A

28.~.95
Shifts and hours fair; average hours: 35-40;
average closes: 2; average days off: generally 2;
but sometimes 1; average length: 7-8 hours; Requests okay; holidays okay; to improve situation? Okay, happy.

Table 1

SCHEDULES FOR JOHN GORE AUGUST 1993

Gore

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

NB: * denotes a closing shift

# 35672

Table 2

SCHEDULES FOR JOHN GORE MAY 1994

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

17 Days: 6 Closes
NB: * denotes closing shift
#35776

Table 3

SCHEDULE FOR JOHN GORE AUGUST 1994

J Gore

17.11 - 18.25 19.22 - 01.22 16.07 - 16.09 12.05 - 12.37 13.26 - 19.08 16.02 - 18.43 19.33 - 00.38

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 Days: 9 Closes

16.05 - 18.13
16.05 - 17.16
18.05 - 01.04 *
NB: * denotes closing shift
#35822

Table 4

SCHEDULE FOR MICHAEL STOKES AUGUST 1993

Stokes

3/8/93	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

*Worked but hours unclear/probably close

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

SCHEDULE FOR MICHAEL STOKES MAY 1994

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

17 Days: No Closes
Sing

NB: * denotes closing shift

# 35798

Table5

Table 6

SCHEDULE FOR MICHAEL STOKES AUGUST 1994

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

20 Days, 2 Closes
NB: * denotes closing shift
# 35639

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.
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.

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.
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.

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.
J. comments that whilst crew might miss an hour or so at end of week, unlikely to miss nonpayment of whole shift.

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".
See AAR's in Bath 2 no egs. of these adjustments including AAs for ML @ pp 593, 670.

No complaints in Rap notes.

Pffs. Evid: AA's only made when crew forget to clock in/out.
AA's must be signed by M'ger and witnessing M'ger.
Payroll surgery "every fortnight" but compare:
Payroll surgery "occasionally". Never known m'gers using clockcards (adjustments) to punish crew or reduce labour costs. Allegation amounts to gross misconduct.
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.

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.
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.

S'ment. When ML was shift running m'ger he was rarely able to take a break except for 10-15 mins.
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.

But

In xx RR refers ML to Bath 2/7 re: breaks on Sats. Conclusion is 60/40 in favour of late breaks.
ML doesn't dispute RR's analysis but suggests May is not representative month. It happens during busier times.

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
Some egs in and in
Bath I: HR audits

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.
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.

When I was crew member a lot of FMs wanted to get breaks out of the way asap these FMs have now gone.
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.

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

Heathrow

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

kit BE ~ ~

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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.

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