Day 175 - 18 Oct 95 - Page 26


     
     1   MR. JUSTICE BELL:  Mr. Rampton, I want what I am about to say
     2        transcribed as a separate ruling or direction.  I do not
     3        resile at all from anything I said in my two judgments last
     4        year as to my power or otherwise to order your clients to
     5        provide transcripts, but I would like you to consider with
     6        them whether it would be beneficial that the Defendants be
     7        provided with a transcript of this ruling.  I do not
     8        propose to delay it in order to word process so that I can
     9        hand down a word processed version.  It is entirely a
    10        matter for you.
    11
    12   MR. RAMPTON:  My Lord, I hear that.  Would your Lordship also
    13        think it, if necessary, a correct thing for us to do to
    14        supply transcripts of all rulings which the Defendants do
    15        not so far have?
    16
    17   MR. JUSTICE BELL: If you choose to do that, I would certainly
    18        welcome it.  I made the legal position, as I saw, it quite
    19        clear last term.
    20
    21   MR. RAMPTON:  Yes; and the Court of Appeal agreed with that.
    22
    23                 (See separate transcript for ruling)
    24
    25   MR. JUSTICE BELL:  I suggest, Mr. Morris, you call Mr. Whittle
    26        and we will see how we go.  You come back into the witness
    27        box.
    28
    29                        IAIN WHITTLE, recalled
    30               Examination by the Defendants, continued
    31
    32   MR. MORRIS:  Have you got your statement in front of you?
    33        A.  Yes, I have.
    34
    35   Q.   The first paragraph about your being interviewed for the
    36        job and being advised that McDonald's had not recognised
    37        trade unions, could you just give some explanation of what
    38        you mean?
    39        A.  Well, when I went for the first interview, the Manager
    40        who interviewed me talked about the job, what it involved,
    41        and told me that there were no unions at McDonald's, they
    42        did not recognise them and they were unnecessary, because
    43        they sorted out all grievances, and staff who deserved to
    44        be paid better or promoted were; and the way it was said
    45        gave me the impression that unions were not a thing to talk
    46        about or mention.  I felt as if it was a way of saying:
    47         "Don't, you know, unions, that is the end of it".
    48
    49   MR. JUSTICE BELL:  Just pause a moment.  Yes.
    50 
    51   MR. MORRIS:  Just something about the job that you did there. 
    52        You were there for three years.  Can you just say what 
    53        position you reached, that kind of stuff, what kind of
    54        responsibilities you had?
    55        A.  I became a member of the store's training squad, so
    56        I was one of the people responsible for looking after new
    57        people, showing them the various jobs and tasks involved;
    58        and that meant as well that I would sometimes run a part of
    59        the store during a shift, be responsible for an area of the
    60        store.

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