Day 310 - 04 Dec 96 - Page 09


     
     1   MS. STEEL:   Yes, but that is talking about within the catering
     2        industry in general.  The point about McDonald's having a
     3        policy of getting rid of pro-union workers does not
     4        actually specify simply sacking and, bearing in mind it is
     5        not in the Statement of Claim, if you use the word
     6        'sacking' would that not be finding a meaning greater than
     7        that alleged by the Plaintiffs?
     8
     9   MR. JUSTICE BELL:   That is a point to consider, but I really
    10        cannot see that it is sensibly arguable that this leaflet
    11        does not say many McDonald's employees have been sacked for
    12        attempting union organisation.  It says so in terms,
    13        looking at the headline at the bottom of the column.  But
    14        that is a factor -----
    15
    16   MR. RAMPTON:   My Lord, all I would say is that sacking people
    17        is one way of getting rid of them.
    18
    19   MR. JUSTICE BELL:  Yes.
    20
    21   MS. STEEL:   I would agree with that, but there are other ways
    22        as well.
    23
    24   MR. JUSTICE BELL:  Indeed, yes.
    25
    26   MR. RAMPTON:   Nobody disputes that.
    27
    28   MR. JUSTICE BELL:   You put them forward, making things so
    29        unpleasant for them that they go of their own accord.
    30        'Getting rid of', I would have thought, is capable of
    31        encompassing the lot.
    32
    33   MR. RAMPTON:   Of course it does.
    34
    35   MR. JUSTICE BELL:  One way or another making sure they go,
    36        whereas if they had been just left to get on with things
    37        they might have stayed.
    38
    39   MR. RAMPTON:   Exactly, making life such a misery for them that
    40        they go.
    41
    42   MR. JUSTICE BELL:  There we are.  These are all things I have to
    43        consider.
    44
    45   MR. RAMPTON:   On your Lordship's earlier point about young
    46        people, I do notice that the last words of meaning P are:
    47        "Exploit disadvantaged groups, women and black people
    48        especially".  I would have to say that again I owe,
    49        perhaps, an apology.
    50 
    51   MR. JUSTICE BELL:   I find it difficult to weave young people 
    52        into the pleaded allegations at the moment.  That may not 
    53        matter.  One point is that, quite clearly, if I did think
    54        that the First and/or Second Plaintiffs wrongly exploited
    55        young people, then certainly the Defendants could pray that
    56        in aid ---
    57
    58   MR. RAMPTON:   Of course.
    59
    60   MR. JUSTICE BELL:   -- with a view to justification.

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