Day 164 - 26 Sep 95 - Page 35
1
2 MR. MORRIS: He will be able to show to the court how the
3 schedules -- for example, if we have a year's worth of
4 schedules, presumably it is 50 sheets or something, one for
5 each week. He will say how, for example: "This person
6 here who we discussed at a meeting was not favoured, and
7 you can see here how their time has been reduced to the
8 point where they would have to leave because they would not
9 be able to pay their bills", or something like that.
10
11 He says in his statement: "I believe that it was the
12 general perception that it was easier to make someone
13 resign rather than sack them", because there were certain
14 criteria for sacking someone you had to satisfy; whereas if
15 you wanted to get rid of them, you could do it by
16 scheduling means.
17
18 MR. JUSTICE BELL: Help me, does he mention any particular
19 person to whom this happened?
20
21 MR. RAMPTON: My Lord, the answer is, no, he does not.
22
23 MR. MORRIS: He does not mention specific names, no, but he does
24 say it was a common practice for the schedule to be used as
25 a tool of discipline which I take to mean it was a general
26 practice that that is what the schedule could be used for.
27 It might show up in many ways, how it was being used by the
28 management as a tool of discipline, but he would be able to
29 explain that to the court.
30
31 MR. JUSTICE BELL: Yes. Do you want to go on to D?
32
33 MR. MORRIS: Yes. D is referred to in paragraph 19 of
34 Mr. Richards' statement on page 9. In fact, it was
35 something that was raised by Mr. Logan which Mr. Richards
36 verifies in paragraph 19. In paragraph 19 Mr. Richards
37 says: "It is true that custom" -----
38
39 MR. JUSTICE BELL: Yes, I have read that. Tell me what you are
40 hoping to get from that. He says complaints were received
41 about once a week.
42
43 MR. MORRIS: Yes. Mr. Richards has verified that about uncooked
44 products which is pretty important in terms of the food
45 poisoning.
46
47 MR. RAMPTON: My Lord, I know your Lordship has read it, but
48 really Mr. Morris ought to read to himself the whole of the
49 paragraph before he makes what I have to say I find a
50 strange submission of that kind.
51
52 MR. JUSTICE BELL: As I read paragraph 19, complaints are made
53 about once a week. It is extremely rare for a complaint of
54 this nature to be substantiated. What may not be entirely
55 clear, the way I have interpreted it is if there appears to
56 be some substance in it then an incident report form is
57 made out.
58
59 MR. MORRIS: This is a whole area of dispute in the case about
60 whether McDonald's, in fact, do investigate complaints and
