Day 117 - 27 Apr 95 - Page 10
1 to close the restaurant down. He is there between the
2 hours of 7.00 and 11.00.
4 Q. But there are some that are open 24 hours, are there?
5 A. There are some restaurants open 24 hours a day.
7 MR. JUSTICE BELL: What is the earliest they open if they shut
8 during the night? What is the earliest they open for
9 people who might come in for breakfast, for instance?
10 A. It is my belief that now all restaurants are on a
11 breakfast programme. They did not have to.
13 Q. Yes, but would they open before 7.00 for that?
14 A. 7.00 would be the normal opening time for breakfast.
16 MR. RAMPTON: Then it says (under premium rate still):
17 "Additionally, this rate" -- the premium rate -- " will
18 also apply between midnight on Saturday to midnight on
19 Sunday for fully flexible crew who normally work over 35
20 hours per week"?
21 A. That is right.
23 Q. I can understand all of that, Mr. Nicholson. I am sure we
24 all can, except for the phrase "fully flexible crew"; what
25 does that describe, what category of crew member?
26 A. Well, that is a crew member who is prepared to work any
27 hours that he is asked to work.
29 Q. "The current hourly rates", it says, "applicable in your
30 store are available from your Restaurant Manager". Then it
31 says: "Because enhanced rates of pay are made for varying
32 shifts, the overtime rates specified by the unLicensed
33 Place of Refreshment Wages Council in Form UPR 80 are not
34 normally applicable. However, if you believe you may be
35 entitled to overtime payments, you should speak to your
36 Restaurant Manager."
38 Can you just explain for us, Mr. Nicholson, what the
39 position of overtime in its strict sense is within
41 A. In the strict sense we do not pay overtime.
43 Q. To the hourly paid?
44 A. To the hourly paid workers. The only people to whom we
45 would pay overtime are Head Office, secretarial and
46 reception staff who work outside the normal office hours.
48 Q. Then, please, turn to page 136 in this tab which,
49 I hope -----
51 MR. JUSTICE BELL: Can I make sure I understand that,
52 Mr. Rampton? That means if you work more than 39 hours a
53 week as an hourly paid worker, you get regular evening or a
54 premium rate, according to when you are working, but once
55 you get into the 40th hour you do not get time and a
56 quarter or time and a half?
57 A. No, that is correct.
59 Q. You get the same rate appropriate to what time of the day
60 or night it is?