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

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