Day 181 - 01 Nov 95 - Page 21


     
     1        the Act which, so far as I know, prevailed at that time in
     2        1986, so that we do not have any doubt about that.
     3
     4        My Lord, what I have done is I have copied that Act, the 78
     5        Act, as amended, I think, by the Employment Act of 1982,
     6        and also its successor which is the Trade Union and Labour
     7        Relations Consolidation Act 1992.  I have not got the whole
     8        of it because they are bulky documents.  (Handed).  My
     9        Lord, I have numbered the pages at the bottom in
    10        handwriting, 1 to 14.
    11
    12   MR. JUSTICE BELL:  One is for the witness.  (Handed to the
    13        witness).
    14
    15   MR. RAMPTON (To the witness):  The first page contains
    16        section 23.  I am only concerned with 23(1) at the moment.
    17        Section 23 of the Employment Protection (Consolidation) Act
    18        1978, it reads, Mr. Pearson, the heading is:  "Trade union
    19        membership and activities.  Trade union membership and
    20        activities ... every employee shall have the right not to
    21        have action (short of dismissal) taken against him as an
    22        individual by his employer for the purpose of (a)
    23        preventing or deterring him from being or seeking to become
    24        a member of an independent trade union, or penalising him
    25        for doing so; or (b) preventing or deterring him from
    26        taking part in the activities of an independent trade union
    27        at any appropriate time, or penalising him for doing so".
    28
    29        Do you or do you not agree that what Mr. McGee told you
    30        about what happened to him would plainly have been a breach
    31        of those rights under that section?
    32        A.  Proving it is the problem.
    33
    34   Q.   I know, but do you agree that it would have been?
    35        A.  Possibly.
    36
    37   Q.   Did you believe him?
    38        A.  What I believed is not the point; the point is, what
    39        can you do with this evidence?
    40
    41   MR. JUSTICE BELL:  I am sorry, answer the question.
    42        A.  I am sorry.  What is the question?
    43
    44   Q.   Then by all means add; you have been asked what you
    45        believed ---
    46
    47   MR. RAMPTON:  Did you believe him?
    48
    49   MR. JUSTICE BELL:  -- so answer that, and then by all means say
    50        why you do not think it was relevant? 
    51        A.  Sorry, did I believe him? 
    52 
    53   MR. RAMPTON:  Yes.  Did you believe what he told you?
    54        A.  Yes, I did believe him.
    55
    56   Q.   You have had great experience of dealing with complaints by
    57        your members.  You have represented them, I think you tell
    58        us in your statement, at tribunals and so on, yes?
    59        A.  Yes.
    60

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