Day 283 - 21 Oct 96 - Page 29
1 MR. MORRIS: Moving on to the next issue to do with malice and
2 lies allegation, employment, criticism of McDonald's for
3 exploiting workers and the catering industry as a whole,
4 the section is framed as a general criticism of the
5 catering industry, as far as the public is concerned the
6 catering industry is generally known to be notorious for
7 its conditions. And recently a public term called Mcjobs
8 has gained extensive currency, precisely because it defines
9 the kind of jobs that are low pay, few rights, and no
10 guaranteed hours and things like that. That directly
11 alludes to McDonald's as a symbol of those kind of jobs.
12
13 Obviously, trades unions who, despite the best efforts of
14 employers, still number about 8 million or something
15 members in this country, and are the only defence
16 organisations generally for workers worldwide, have
17 criticised McDonald's for exactly the kind of things that
18 the London Greenpeace fact sheet says. And, in fact, if my
19 memory serves me rightly, there is even references to
20 surveys, things like that, quoting from surveys in this
21 section.
22
23 And you only have to ask anybody who has worked for
24 McDonald's or knows someone to get the general impression
25 which we would say corresponds to the criticisms that have
26 been made in the fact sheet, unless, of course, they still
27 work for works in managerial positions, where they might
28 have a different opinion.
29
30 And going on to McDonald's awareness of these criticisms
31 and these facts that have been alleged, canvassed, we would
32 say that Mr. Nicholson and Mr. Beavers, the two --
33 Mr. Beavers is the most senior witness called in this case
34 from the board of directors, a great deal of experience of
35 what goes on in stores, he has worked his way up, so far as
36 I can see, and Mr. Nicholson, former head of personnel, we
37 believe effectively conceded our whole case on the
38 employment issue. The point being not whether at the end
39 of the day whether it is proved or disproved, but to say
40 that McDonald's are themselves aware of the criticisms and
41 problems that have been made.
42
43 I mean, a good example is safety. Unbeknown to us until
44 just before the case started, I believe, before the trial
45 started, the health and safety executive did a report on
46 McDonald's safety, and I think Mr. Rampton said something
47 in opening, which I was going to come back to later, but
48 while it is on my mind, he said, the second question, this
49 is on page 46 of the opening day: Are the plaintiffs'
50 policies and practices in relation to the health and safety
51 of their employees open to serious criticism, what one
52 might call health and safety at work. Again, my Lord, the
53 answer is no.
54
55 Well, you couldn't get more serious criticism than from the
56 health and safety executive and, as we later found out,
57 from McDonald's own internal, secret, unreleased report on
58 the death of employee Mark Hopkins, which concluded that
59 "safety is not seen as being important at store level".
60 So McDonald's are aware and have been aware of the reality
