Day 006 - 05 Jul 94 - Page 22


     
     1
         MR. JUSTICE BELL:  It looks as if McDonald's was informing
     2        their stores of the statutory provisions, unaware that
              there were also bylaws which were more restrictive.  That
     3        may turn out not to be so, but that appears on the face of
              the document.
     4
         MR. RAMPTON:  At that stage it is clear that by the time this
     5        letter from Mrs. Flatly comes, she is asking ILEA to tell
              her- if one looks at the top, 715H, which is exactly ----
     6
         MR. JUSTICE BELL:  It may be by then, but the second paragraph
     7        says:  "The restrictions which apply in the employment of
              under school leaving age have been communicated to these
     8        authorised stores.  They are as follows".  It sets out the
              statutory ones. It then, I quite agree, has a paragraph
     9        you say, but it looks as if McDonald's may have become
              aware there were bylaws but the instructions they were
    10        giving to store managers did not include the  bylaws.  Now
              what conclusion I must draw from that, we will see.
    11
         MR. MORRIS:  Yes.  Carmel Flatley, you said she was the most
    12        experienced person, implying in the country, certainly
              very experienced?
    13        A.  I said, as far as I am concerned, she is the best
              there is.
    14
         Q.   Isn't it her job to know the employment by-laws?
    15        A.  It is not her job to know bylaws of I do not know how
              many hundreds of communites there are in the UK, but it is
    16        impossible for her to know everything.
 
    17   Q.   But should she not know the bylaws before she writes to
              the stores?
    18        A.  No.  No, I don't think so.  She said in her letter
              quite clearly, "Furthermore, the store managers have been
    19        advised that certain bylaws may exist in their area to
              which they must also comply.  They should investigate
    20        these bylaws with their local council and local education
              authority." I think she has been perfectly clear. The onus
    21        is on the manager to check locally what exists along with
              national regulations before they proceed.  That is exactly
    22        what it says to me.
              Q.   She says this letter is purely about London and the
    23        South. You do not think it is her responsibility then to
              to be aware of what the London area bylaws would be?
    24        A.  I think it is impossible for her to know the bylaws
              every education authority and every local council.  It is
    25        unreasonable to ask one person to know them all; hence she
                relies on people in the field to help her. 
    26 
         Q.   OK.  If we go to pink document number 12, 43, volume 12, 
    27        43?
              A.  OK, 43.
    28
         Q.   This was a document dated January 1990.
    29        A.  19th January 1990, yes.
 
    30   Q.   During the period of the alleged libel.  It says here,
              point 1:  "Although the weekly maximum number of hours

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