Day 212 - 30 01 96 - Page 52


 
 

                                                                  DAY 212
 
                                             KIM MOFFATT, Cross-examined:
 
 
 
     1        they got a break around that time and if they worked over
     2        the lunch period I would make sure, so 11.30 to 2.30, they
     3        had their break soon after that.  But my instructions were
     4        just to check that they actually had a break.
     5
     6   MS. STEEL:   What do you mean by "soon after"?
     7        A.  Well, sort of, within an hour, two hours after lunch.
     8
     9   Q.   Was this something that you were doing because you felt it
    10        was right or was that something that the Company was
    11        imposing and you were checking for?
    12        A.  Well, there was within the personnel audit a sheet that
    13        came out laying down the guidelines but, apart from that,
    14        it was something we were looking into as a Company, well, a
    15        store.
    16
    17   Q.   You are in Jersey now.  When did you go to Jersey?
    18        A.  A month ago.
    19
    20   Q.   Up until then were you basically an Admin Assistant in the
    21        store?
    22        A.  Yes, Farnborough.
    23
    24   Q.   Farnborough, sorry.  So that was something you would still
    25        be ---
    26        A.  Basically ---
    27
    28   Q.   -- responsible for checking?
    29        A.  -- yes, I cannot comment too much because I was
    30        basically just checking that they had had breaks, and the
    31        other things were they were really checked on audits.  I,
    32        you know, did have -- I checked them anyway, being
    33        conscientious, I checked them anyway, but I was basically
    34        meant to just check that they had had their 45 minute break
    35        or they had had their 30 minute break.
    36
    37   Q.   Did you have specific instructions as to what you were to
    38        check for?
    39        A.  No.
    40
    41   Q.   You did not?
    42        A.  Apart from, well, yes, on black and item on the audit,
    43        I did, yes.
    44
    45   Q.   But when you were doing your general check as a person
    46        responsible for ensuring that people were getting their
    47        breaks entitlement, did you have specific instructions
    48        about what you were to look out for?
    49        A.  Basically, yes, what is, like, laid down in the audit
    50        which I cannot reel off, I cannot remember myself -- they 
    51        would always have a copy -- and basically just make sure 
    52        they had their breaks, and make sure they had not been -- I 
    53        did not have time lapses, about how long they could work
    54        without a break; it was just common knowledge that someone
    55        had to have it, sort of, anyway.
    56
    57   MR. JUSTICE BELL:  I just want to make sure that you are not at
    58        cross-purposes.  You did the in-store audit from time to
    59        time?
    60        A.  Yes, monthly.
 
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