Day 167 - 02 Oct 95 - Page 68
1 scheduled hours. That is one of the reasons I thought,
2 although it is not the way you are putting it, but what is
3 actually scheduled may, in fact, be more important than
4 what was actually done.
5
6 MR. MORRIS: Yes. The time sheets of what actually was done
7 also relate to the breaks which is a matter that Mr. Logan
8 has raised in his statement as well.
9
10 MR. JUSTICE BELL: I know. You sit down. Do be realistic about
11 what you can start of with as some samples, and then I will
12 hear any further argument. I am not making any kind of
13 direction, Mr. Rampton, but it would help me to have some
14 idea of what is available so far as the schedule is
15 concerned.
16
17 MR. RAMPTON: I know exactly what is in your Lordship's mind
18 and, if I may respectfully say so, it is the same as what
19 is in mine. I do not mind making any amount of discovery
20 provided it has a purpose. My heart sank when I heard what
21 Mr. Morris said. It seems to me he simply does not focus
22 on what the documents might actually mean. Without the
23 witness to explain and say: "Well, I did not want to be
24 scheduled those hours" or "I was forced to work extra hours
25 though my schedule said less", without those witnesses,
26 they do not tell us anything.
27
28 MS. STEEL: They do tell us actually that the Company policy of
29 not working more than 39 hours a week is being continually
30 ignored.
31
32 MR. JUSTICE BELL: I will say it one last time: For the time
33 being, I am contemplating schedules for a period of time
34 and it would help me to know when we move from the two or
35 three sheets to the 10 sheets for -----
36
37 MR. RAMPTON: We will tell your Lordship that as soon as we
38 can.
39
40 MR. JUSTICE BELL: When we do come back in the morning, no
41 doubt, there will be some further discussion as to that.
42 Whatever the answer is to that, I want to spend tomorrow
43 with Mr. Richards giving evidence. Therefore, it will
44 involve cross-examination with Mr. Richards. If there is
45 documentation which, in fairness, demands his recall in the
46 future, then so be it. But I do not think we want anyone
47 to assume that if Mr. Richards leaves the witness box,
48 cross-examination having gone as far as it has done, if
49 there is further documentation then revealed that it will
50 necessarily mean that he is recalled.
51
52 In those circumstances, I might very well say: "Before we
53 start recalling people, I want to hear what Mr. Logan
54 says", and then I will make a decision on whether any
55 recalling is, in fairness, required or not.
56
57 MR. RAMPTON: I am grateful to your Lordship.
58
59 MR. JUSTICE BELL: Yes. 10.30.
60
