Day 162 - 25 Jul 95 - Page 13


     
     1   MR. JUSTICE BELL:  Put it another way.  I think what Mr. Morris
     2        is getting at is this:  you said that if they just went
     3        away for two to three months, they would remain on the
     4        payroll?
     5        A.  That is correct.
     6
     7   Q.   University terms, for instance, vary between something like
     8        eight weeks and, I suppose, 10.  Maybe, if you go up a week
     9        early and come down a week late, it might be 12.  But all
    10        those periods of time are within the two to three month
    11        compass you gave.  So someone could, if they wanted to work
    12        all their holidays, leave McDonald's at the end of a
    13        university vacation, come back at the beginning of the next
    14        vacation, and they would have been away less than three
    15        months; so, your according to your evidence, they could
    16        have stayed on the payroll?
    17        A.  Yes, sir.
    18
    19   MR. JUSTICE BELL:   What do you say about that?
    20
    21   MR. MORRIS:  Yes.  But would that be the situation, that if they
    22        told in advance tht they are definitely going to be there,
    23        you know, at the end of their next term, and you had kept
    24        them on the payroll, would they then keep their conditions
    25        of service in that situation, or would they have to start
    26        -- what would the situation be?
    27        A.  It is possible, but I have not come across that.  Quite
    28        often, they come for a long term holiday time.  If it is
    29        two or three weeks holiday, they do not come back.  If it
    30        is a month's holiday, they do come back to London and they
    31        come back to their job.  It is not my experience they come
    32        every term.  But if they did come back in three months,
    33        I would have kept their job for them and all conditions.
    34
    35   Q.   You would keep all the conditions and they would have kept
    36        their original payroll -----
    37        A.  That is right; if they come within that three months,
    38        yes.
    39
    40   Q.   Is that the practice in the other stores you have worked
    41        in ---
    42        A.  I am not sure.
    43
    44   Q.   -- as far as you know?
    45        A.  I am not sure.  I have not asked that, because it is up
    46        to the restaurant Manager and up to the individual crew
    47        whether they have got that kind of students or not.  I do
    48        not have no knowledge of it.
    49
    50   Q.   Presumably, for a student, that would be a motivation to 
    51        come back to McDonald's, that they have got all their 
    52        conditions that they had previously achieved before? 
    53        A.  Sure.
    54
    55   Q.   So that would not surprise you if it was happening quite
    56        widespread in the Company?
    57        A.  It would not surprise me.
    58
    59   MR. MORRIS:   There may be one further question.
    60

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