Day 181 - 01 Nov 95 - Page 03

     
     1        I did not want to say this last night, because I was not
     2        100 per cent sure of it, but I did recollect that I had
     3        made some previous calculations either when Mr. Nicholson
     4        was in the box or Mr. Davies.  I could not remember who
     5        for.  I checked last night, and it was actually the time
     6        sheet for Pearson.
     7
     8        As far as I can tell, although I have not done it in a very
     9        detailed way because of the length of time it takes, but
    10        just on the basic figures, there did not appear to be any
    11        clear breaches, according to the Plaintiffs' interpretation
    12        of what the law is.
    13
    14        However, I just want to make the point that because they
    15        are fortnightly, that does not put them in the clear,
    16        because it does mean that there might be a breach in any
    17        individual week.
    18
    19   MR. JUSTICE BELL:  If I am right, they are not in the clear,
    20        anyway.  Even if one supposes, let us suppose, for
         instance, that Mr. Alimi worked more in one week than the
    22        other; all that would mean is that he is more underpaid in
    23        one week.  If he has worked any time at all, if my
    24        calculations are right -- and they may well be wrong -- if
    25        he works any overtime at all, he is automatically
    26        underpaid, because his basic rate of 1.99 was only .02 of a
    27        penny more than the minimum anyway, or something like
    28        that.  But let us leave it.
    29
    30   MS. STEEL:  I think Mr. Morris has something to say as well, but
    31        I also wanted to ask Mr. Pearson something about -- because
    32        we have not got the pay rates for 1985, so I wanted to ask
    33        about whether the system was the same.
    34
    35   MR. JUSTICE BELL:  I have one or two matters very shortly
    36        I would like to ask Mr. Pearson, so let me do that; and
    37        then you can continue.
    38
    39   MS. STEEL:   OK.
    40
                         PHILIP PEARSON, recalled
    42
    43   MR. JUSTICE BELL:  Mr. Pearson, would you mind getting pink XII,
    44        please, again?  It is the bundle you were looking at
    45        yesterday.  Turn to divider 26.  If you look at
    46        page 641 ---
    47        A.  Yes, my Lord.
    48
    49   Q.   -- where it deals with, under paragraph 9, note 3:  "In any
    50        week exclusive of time worked on a weekly rest day or on a 
    51        customary holiday, for all time worked in excess of 
    52        39 hours one half of the hourly rate....." 
    53
    54        Is that interpreted as meaning one and a half of the basic
    55        hourly rate, or, if the overtime worked is during evening
    56        or premium hours, one half on top of the evening or premium
    57        rate?
    58        A.  It is time and a half on the premium.
    59
    60   Q.   So it is time and a half on the minimum rate applying at