Day 197 - 07 Dec 95 - Page 02

       1                               Thursday, 7th December 1995.
       3                    MR. RAY COTON, recalled.
       4              Examined by the Defendants, continued.
       6 MR. MORRIS:  We have just been given some documents.  We are
       7      not even sure -----
       9 MS. STEEL:  We have no idea -- are they are relevant?
      11 MR. MORRIS:   If the Plaintiffs can maybe just say what they
      12      are.
      14 MR. JUSTICE BELL:  Put them on one side for the moment.  Do not
      15      put them anywhere.  I will see whether they can be used or
      16      not.  Mr. Morris, please carry on.  Put it right on one
      17      side.
      19 MR. MORRIS:  It is to do with Colchester so ......
      21 MR. JUSTICE BELL:  I know, put it right on one side and carry
      22      on.  Mr. Morris, if you do not ask a question, I will ask
      23      Mr. Rampton to cross-examine.
      25 MR. MORRIS:  I do not know where the performance reviews of
      26      Mr. Coton are kept.  If someone can help the witness to
      27      find  -----
      29 MR. RAMPTON:  My Lord, Mrs. Brinley-Codd has distributed a list
      30      of ----
      32 MR. JUSTICE BELL:  Yes.  I have put them behind the witness's
      33      first statement which is where the script said they should
      34      go.
      36 MR. MORRIS (To the witness): Are they behind your statement,
      37      Mr. Coton?
      38      A.  Yes, they are.
      40 Q.   We will just go through the documents.  If we look at page
      41      3, just one point there, it case under "Hours of
      42      Employment":  "The Company operates a six days on, two
      43      days off rota where it is possible".  Can you just explain
      44      that?  Does that apply to all management grades?
      45      A.  The idea, basically, would be that you would work six
      46      days on and have two days off.  In practice, for the vast
      47      majority of time with the Company we actually worked a six
      48      day with one day off.
      50 Q.   So are you saying that they did not adhere to their
      51      contract then?
      52      A.  No, we were pressured by either pressure of work or 
      53      lack of people or just actually worked that extra day, so
      54      it was a normal thing.  As I say, for most of the time
      55      with the Company I did work a six day week.  It was only
      56      in the latter part it had became an issue due to high
      57      management turnover that two days became the norm.
      59 Q.   Did that non-adherence with your terms of contract have
      60      any effect on you?

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