Day 121 - 04 May 95 - Page 44
1 MR. MORRIS: It is No. 28. It says 28 and it is the second
2 page.
3 A. Yes.
4
5 Q. There is a letter here printed which, if you notice, bolded
6 on the second column at the bottom it says: "McDonald's
7 Hamburger Limited". If you read -----
8 A. Sorry, say that again?
9
10 Q. Sorry, in the second column on that second page under "Big
11 Mac hits out" ---
12 A. Yes.
13
14 Q. -- in the second it says, near the bottom: "McDonald's
15 Hamburger Limited"?
16 A. Yes.
17
18 Q. There are various figures in there -- if you look at the
19 paragraph above -- how many people are employed at the
20 Gravesend store and the turnover figures and things like
21 that.
22 A. Yes.
23
24 Q. If you look on the left-hand side, it says, near the
25 bottom, just above the last paragraph, the last sentence,
26 it says: "it is untrue he 'often worked for more than
27 seven hours without any sort of break'. He did so twice".
28 A. Yes.
29
30 Q. To explain, there had been allegations the previous week
31 from the crew member that he had worked regularly without
32 breaks. Does that happen from time to time ---
33 A. Does what happen?
34
35 Q. -- that people might work for seven hours without a break?
36 A. I do not know. I would not have -- I would have hoped
37 it does not happen, but I cannot say hand on heart that of
38 30,000 employees I would say that none of them ever did;
39 I do not know. I do not know what individual people worked
40 in the individual stores. It would be impossible for me to
41 know what everyone was working.
42
43 MR. MORRIS: I do not want to argue it now; do we need to get a
44 Civil Evidence Act Notice to rely on that?
45
46 MR. JUSTICE BELL: It is not evidence, just appearing in the
47 newspaper.
48
49 MR. MORRIS: If we give an indication that we will try to apply
50 for that at some stage.
51
52 MR. RAMPTON: I am not sure what Mr. Morris means. I am sure
53 there has been -----
54
55 MR. JUSTICE BELL: Does it not depend what you want out of it?
56 I mean, if what you are asking for, if what you are
57 seeking, is evidence that Richard Atkin in a period of 22
58 months worked on two occasions for more than seven hours
59 without a break, for all I know, that will be accepted on
60 the basis that -- unless the newspaper has printed a letter
