Day 137 - 19 Jun 95 - Page 64


     
     1   Q.   Finally then, Mr. Stein (because I know his Lordship has to
     2        go), the first part of this little paragraph:  "McDonald's
     3        reserves the right to amend or modify the policies in this
     4        handbook at any time without prior notice.  These policies
     5        do not create any contractual obligations between
     6        McDonald's and its employees".  What is the meaning, so far
     7        as its effect in American law is concerned, of those two
     8        first lines?
     9        A.  It reserves the right of the Company to change terms
    10        and conditions.  The reason it is in here again are
    11        specific words of art absent, this being in here
    12        specifically, an employer cannot change anything, no matter
    13        how economically justified or justified for other good
    14        reasons.  You cannot change anything.  So, American
    15        employers have put language such as this in, so they do not
    16        get into a situation where they cannot change something
    17        that needs to get changed.
    18
    19   Q.   Even so, if the employee were able to extract from what is
    20        in this document a term or condition of employment which
    21        the court would recognise, does that happen?  In other
    22        words, you have undertaken to pay me; you have undertaken
    23        to give me certain hours of work, provide me with this,
    24        that and the other?
    25        A.  I think your question is going to things such as
    26        promissory estoppel.
    27
    28   Q.   You could -- yes -----
    29
    30   MR. JUSTICE BELL:  I did not leave myself any slack whatsoever,
    31        Mr. Rampton, and we have to come back tomorrow, so we will
    32        resume then at 10.30.
    33
    34                  (Adjourned until the following day)
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