Day 198 - 08 Dec 95 - Page 28


     
     1        1st November, I think, until 1st -- sorry, no, yes.
     2
     3   MR. JUSTICE BELL:  He was there from July 1984 until he moved to
     4        Clacton on 1st June 1989.
     5
     6   MR. RAMPTON:  That is right, my Lord, so he had ------
     7
     8   MR. JUSTICE BELL:  He was under both Managers.
     9
    10   MR. RAMPTON:  Yes, he was and he had the whole of the period
    11        when Mr. Davis was Manager from 1st November 1984 to
    12        1st August 1987, therefore.
    13
    14   MR. JUSTICE BELL:  He was part of the management team?
    15
    16   MR. RAMPTON:  He was a Floor Manager under Mr. Davis.  My Lord,
    17        there is also an allegation made for the first time by
    18        Mr. Gibney when he came to court or just before (and again
    19        after my Colchester witnesses had been and gone) that there
    20        was a practice of putting people back on probation and then
    21        sacking them at the end of the summer holidays so as to
    22        reduce the number of crew.  Mr. Harney can deal with that
    23        as well.  That is in this sense a new allegation.
    24
    25   MR. JUSTICE BELL:  So Harney about docking, you say?
    26
    27   MR. RAMPTON:  Yes, about docking and about putting people back
    28        on probation and then getting rid of them by failing their
    29        performance review.  My Lord, Mr. Harney can also give
    30        evidence, of course, of what it was like being a Store
    31        Manager under Mr. Davis because he was Manager of Clacton
    32        from 1st June 1989 until Mr. Davis left on 4th February
    33        1991.  So that is over a year and a half where he was
    34        supervised by Mr. Davis.
    35
    36        Then, my Lord, since one has been looking at Mr. Davis'
    37        performance reviews, your Lordship has noticed certain
    38        similarities, at any rate in the early ones, of Mr. Davis
    39        and Mr. Coton.  That, of course, is when Mr. Davis was
    40        Manager.  Later on, of course, he gets performance reviews
    41        as Supervisor.  If one reads those carefully, one can see
    42        that some, at least, of what, for example, Mr. Atherton was
    43        telling Mr. Davis when Mr. Davis was Supervisor, Mr. Davis
    44        was passing on down to Mr. Coton.
    45
    46   MR. JUSTICE BELL:  Yes, I have not done a careful analysis of
    47        what was happening at the same time above and below, but
    48        I may have to do that at some time.
    49
    50   MR. RAMPTON:  Yes.  I mean, my Lord, I would not actually invite 
    51        your Lordship to hear Mr. Atherton on that particular 
    52        topic.  Mr. Taylor can also talk about it (but it would 
    53        have to be a Civil Evidence Act statement because he is in
    54        Prague) because he supervised Mr. Davis in 1987 and 1989,
    55        that is, Mr. Tim Taylor.  I would not call those two or
    56        call Mr. Atherton and get a statement from Mr. Taylor just
    57        to deal with that because ------
    58
    59   MR. JUSTICE BELL:  Do I have Mr. Atherton?
    60

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