Day 188 - 15 Nov 95 - Page 21
1 MR. RAMPTON: There is also that. But there are quite a lot of
2 cases about the circumstances in which an employee can, as
3 it were, bind the Company, at any rate prima facie.
4
5 MR. JUSTICE BELL: What I would like you to think about,
6 Mr. Rampton, if, having heard Mr. Morris' argument, I was
7 minded to let in anything said by assistant manager and
8 upwards, but not below that, then I would like you to
9 consider whether you want to challenge that for the time
10 being. Obviously, at the end of the day, you might want to
11 say to me, firstly, no weight should be attached to it but,
12 secondly, in the light of this authority or that authority,
13 it is not actually evidence against your client.
14
15 MR. RAMPTON: I might do that. My Lord, can we take
16 Mr. Metcalfe just as an example, on page 3, third
17 paragraph, second complete paragraph? I think he was a
18 shift manager; I forget what precise point he had got to in
19 the hierarchy at this stage. If he had said: "It is
20 McDonald's policy to make their shift managers work
21 90 hours or more a week", then there might be, I could see,
22 an argument whether he had the sufficient status to make
23 that statement admissible. What he is actually reported as
24 saying here is what his own particular experience was. It
25 does not matter what position -----
26
27 MR. JUSTICE BELL: He is not speaking for McDonald's in that
28 matter.
29
30 MR. RAMPTON: No.
31
32 MR. JUSTICE BELL: Perhaps one should add the words: an
33 assistant manager and upwards who might be taking to be
34 speaking for McDonald's in what he then says.
35
36 I will not beat about the bush. I do not see how I can
37 possibly come anywhere near finding that Michael Metcalfe
38 worked 97 hours in the previous week, unless I actually
39 hear from Michael Metcalfe.
40
41 MR. RAMPTON: I am obliged to your Lordship; whereas I am
42 inclined -- and I will say this frankly -- to think that,
43 having reflected on it, your Lordship is right that the PR
44 woman who accompanied the crew as a McDonald's
45 representative on this exercise might be thought to have
46 said something which was available in evidence against
47 McDonald's. Of course, it is hearsay and that affects its
48 weight.
49
50 MR. JUSTICE BELL: Let me just read that paragraph, starting at
51 the bottom of page 2, again. (Pause) On reflection, shall
52 I take out the brackets?
53
54 MR. RAMPTON: Yes. I say that may be a good illustration.
55 Suppose that is right, it can be taken as a prima facie
56 admission by McDonald's person in the appropriate position,
57 it can of course be rebutted; and I have done that by
58 calling Mr. Tindale himself.
59
60 MR. JUSTICE BELL: Yes. The others matters then ------
