Day 072 - 12 Jan 95 - Page 69
1 say.
2
3 MS. STEEL: I wanted to clarify what Mr. Rampton said about that
4 he could see some circumstances where an employee could be
5 sacked. If that is solely referring to if such an employee
6 had demonstrably been shown to be lying in the witness box,
7 then that is one thing, but he did not actually say what he
8 was referring to. Perhaps it would be helpful if the
9 Plaintiffs would give an undertaking that they would not
10 sack anybody for giving evidence provided that it had not
11 been demonstrated that they had deliberately lied in the
12 witness box because that might alleviate some current
13 employees' fears about coming to give evidence.
14
15 MR. JUSTICE BELL: If Mr. Rampton chooses to give that assurance
16 he can, but it is entirely a matter for him and his
17 clients. The difficulty with that situation, as I see it,
18 with no axe to grind on one side or the other in this case,
19 I can imagine that someone might be working in a particular
20 restaurant where they like to think of themselves always as
21 a happy team working together. If someone comes along to
22 court and gives evidence which is highly critical, and for
23 all I know maybe inaccurate, even though the person giving
24 it thinks it is accurate, then the employer may be upset by
25 that. Whether if the employer were upset and did anything
26 to prejudice that person's employment that would in any way
27 be justifiable morally or in law is another matter
28 entirely, but I really do not think it is for me as a judge
29 to embark on that.
30
31 I fear I may have said more than is required of me in any
32 event. All I can say is that I will ask Mr. Rampton in a
33 moment if there is anything further he wants to say, if he
34 wants to address me on some other point. But you are
35 perfectly entitled to encourage people to have the courage
36 of their convictions if they have valid complaints to make
37 or complaints which they say are valid.
38
39 You must refresh your memory or ask my further assistance
40 as to what the powers of the court are to order them to
41 come. Remember there might be well be circumstances if you
42 explain the facts to me as you thought them to be where
43 I would not call upon you to provide a written statement in
44 advance.
45
46 What I think you should do when we adjourn, when you have
47 heard what Mr. Rampton has had to say this afternoon, if a
48 particular situation arises where you would like to call a
49 particular witness but have a particular anxiety or
50 reservation about it, then to air that specific case. We
51 could in certain circumstances go into chambers.
52
53 MR. RAMPTON: That is the point that I was going to raise. This
54 matter should have been raised in chambers. We were not
55 forewarned of it. We notice -- I doubt that it is a
56 coincidence -- that the reporter from the Independent
57 newspaper turned up some time this afternoon. I would ask
58 your Lordship in view of the fact that this matter was
59 raised without notice, without substantiation, without
60 chapter and verse, without names or subject matter, that
