Day 310 - 04 Dec 96 - Page 09
1 MS. STEEL: Yes, but that is talking about within the catering
2 industry in general. The point about McDonald's having a
3 policy of getting rid of pro-union workers does not
4 actually specify simply sacking and, bearing in mind it is
5 not in the Statement of Claim, if you use the word
6 'sacking' would that not be finding a meaning greater than
7 that alleged by the Plaintiffs?
8
9 MR. JUSTICE BELL: That is a point to consider, but I really
10 cannot see that it is sensibly arguable that this leaflet
11 does not say many McDonald's employees have been sacked for
12 attempting union organisation. It says so in terms,
13 looking at the headline at the bottom of the column. But
14 that is a factor -----
15
16 MR. RAMPTON: My Lord, all I would say is that sacking people
17 is one way of getting rid of them.
18
19 MR. JUSTICE BELL: Yes.
20
21 MS. STEEL: I would agree with that, but there are other ways
22 as well.
23
24 MR. JUSTICE BELL: Indeed, yes.
25
26 MR. RAMPTON: Nobody disputes that.
27
28 MR. JUSTICE BELL: You put them forward, making things so
29 unpleasant for them that they go of their own accord.
30 'Getting rid of', I would have thought, is capable of
31 encompassing the lot.
32
33 MR. RAMPTON: Of course it does.
34
35 MR. JUSTICE BELL: One way or another making sure they go,
36 whereas if they had been just left to get on with things
37 they might have stayed.
38
39 MR. RAMPTON: Exactly, making life such a misery for them that
40 they go.
41
42 MR. JUSTICE BELL: There we are. These are all things I have to
43 consider.
44
45 MR. RAMPTON: On your Lordship's earlier point about young
46 people, I do notice that the last words of meaning P are:
47 "Exploit disadvantaged groups, women and black people
48 especially". I would have to say that again I owe,
49 perhaps, an apology.
50
51 MR. JUSTICE BELL: I find it difficult to weave young people
52 into the pleaded allegations at the moment. That may not
53 matter. One point is that, quite clearly, if I did think
54 that the First and/or Second Plaintiffs wrongly exploited
55 young people, then certainly the Defendants could pray that
56 in aid ---
57
58 MR. RAMPTON: Of course.
59
60 MR. JUSTICE BELL: -- with a view to justification.
