Day 167 - 02 Oct 95 - Page 61
1 have been mentioned -----
2
3 MR. RAMPTON: Six out of 14 are still working at the
4 restaurant.
5
6 MR. JUSTICE BELL: I know. Mr. Morris or Ms. Steel might say:
7 "Well, we would like to make a further enquiry of someone
8 who has left", but I am not saying, go and ask this person
9 but, to give an example, Jason Dixon on Mr. Morris'
10 particulars has 1994, very long hours, often unsocial, got
11 no overtime pay, but we know no overtime is paid.
12 Mr. Richards had said that he is still a part-time crew
13 member. He has been there about a year. There is one
14 example. John Gore, particularly, is mistreated by
15 scheduling. Mr. Richards has said he still works there.
16 He has worked for four years since 1991 or 1992. So,
17 without creating an avalanche, one can imagine that one or
18 two people can be enquired of by either or both sides to
19 this litigation.
20
21 So, I am not at the moment contemplating extensive
22 discovery when I have not got any potential evidence from
23 any of the people whose names have now been given to
24 Mr. Morris by Mr. Logan. But what I am thinking of (and
25 I certainly have not made up my mind and would not do until
26 I have heard what argument needs to be put forward) is that
27 a limited period of the manual schedules, if they are
28 available, as a starter anyway, so it would help me to know
29 what is, in fact, available.
30
31 Whatever the answer to that is, you can develop your
32 argument against me making any appropriate direction if you
33 want, but I would like to know what is there.
34
35 MR. RAMPTON: Yes. Your Lordship knows my only concern in all
36 of this, as ever, is generating yet more documents which
37 leads to time spent in court which in the end proves, as so
38 often, not to be beneficial to the resolution of the case.
39 That is all I am concerned about.
40
41 MR. JUSTICE BELL: Yes. I appreciate that. On the other hand,
42 the Defendants' attack is this, that whatever the system
43 may be, whatever the McDonald's witnesses who, by and
44 large, have done well within the system say the system is,
45 a few spot checks, as it were, shows that that is not what
46 is happening on the ground. So, at the moment I am
47 prepared to contemplate some discovery to test that and see
48 if that may be justified or if the documentation may help
49 me see if it is justified as a starter.
50
51 MR. RAMPTON: Yes.
52
53 MR. JUSTICE BELL: Anyway, there you are. I will not say any
54 more, unless there is further argument on it.
55
56 MR. RAMPTON: No, I understand that. I would like to be in a
57 position to start on this exercise tonight. Therefore, I
58 will need the help of Mr. Richards if ......
59
60 MR. JUSTICE BELL: Yes. I do not see, Mr. Morris -- I address
