Day 140 - 22 Jun 95 - Page 52
1 being suggested and, in fact, the standard being applied
2 here is fair and competitive wages, but they should be
3 allowed to set their own fair and competitive wages.
4
5 MR. JUSTICE BELL: That is the first time I have read a line
6 like the one above"sincerely in a letter from a senior
7 marketing manager or similar position". Is that sort of
8 fairly normal in the States?
9 A. Mr. Gyham is black, my Lord.
10
11 Q. I see "communities developments" as well?
12 A. Yes. He is black, my Lord. He is addressing a black
13 clergyman, and I think that is common.
14
15 Q. That would be a normal form of address?
16 A. It is and it would show a high degree of respect.
17
18 MS. STEEL: When it says about paying fair wages, it is not
19 talking about "fair" in terms of for the crew members; it
20 is talking about "fair" in terms of for the employer?
21
22 MR. JUSTICE BELL: Would it change the meaning of the sentence
23 if the words after the comma ran as follows: "and violates
24 the rights of independent business people to pay what they
25 see to be fair and competitive wages"?
26 A. Yes, my Lord.
27
28 Q. That would not change the meaning?
29 A. No.
30
31 MS. STEEL: But it is fair to them, not fair to the crew that it
32 is referring to?
33
34 MR. JUSTICE BELL: It is what they see to be fair wages to the
35 crew.
36
37 MS. STEEL: Right, but the crew are going to think it is unfair
38 to get higher wages, are they, is the point I am trying to
39 make?
40 A. The gist of what I get from here is the standard being
41 used for both, frankly, my Lord, is fair and competitive
42 wages. Now, it is true that it is in the employer's mind,
43 as you are suggesting, but that is the standard he is
44 suggesting the employer is using.
45
46 MR. JUSTICE BELL: Rightly or wrongly, Mr. Gyham is in fact
47 saying -- how do you pronounce his surname?
48 A. Gyham.
49
50 Q. Mr. Gyham is saying: "it is unduly restricted and we do not
51 see the need for a minimum starting wage of £5 an hour in
52 order for the wages to be fair and competitive"?
53 A. That is correct, my Lord.
54
55 Q. And it would be an undue restriction to impose such a
56 requirement on independent business people?
57 A. Yes, my Lord.
58
59 Q. He might be right about that, or he might be wrong, but
60 that is what he is saying?
