Day 151 - 10 Jul 95 - Page 51


     
     1   MR. JUSTICE BELL:  I have to say, I think we are going round in
     2        circles on this, because you say that the labour rate is
     3        low; McDonald's witnesses so far have said it is not; and
     4        that may be a matter I have to decide, which I prefer on
     5        it.  But your questions have got to accept that there is
     6        this difference between what you are putting and what they
     7        are answering.
     8
     9   MR. MORRIS:  Yes.
    10
    11   MR. JUSTICE BELL:  You do not have to accept that you are wrong
    12        and they are right, but that -----
    13
    14   MR. MORRIS:  No chance of that.
    15
    16   MR. JUSTICE BELL:  I do not say you should give up hope, but
    17        once you have asked the witness the question, and certainly
    18        once you have asked the question twice, I think you have to
    19        leave it there.
    20
    21   MR. MORRIS:  I thought that brought in a new perspective, the
    22        too low perspective.
    23
    24   MR. JUSTICE BELL:  I think all I am saying is that we do not
    25        want to get bogged down.
    26
    27   MR. MORRIS:  Yes.  (To the witness)  If you look at paragraph 7
    28        over the page.  I do not know if we directly referred to
    29        it, but when you dealt with the under-18s, which we have
    30        just finished the questioning on, you did not mention in
    31        your statement about checking actual hours worked; you just
    32        said you checked they were not scheduled.  So was that an
    33        omission in your statement, or was that because you just
    34        dreamed that up when you were asked questions about it five
    35        minutes ago?  This is 7 in your first statement -- point
    36        7.
    37        A.  I think what I have been able to do there is to clarify
    38        some of that in the supplementary.  But, certainly, I would
    39        do both. "Part of my job was to ensure that managers did
    40        not schedule under-18s to work past midnight."
    41
    42   Q.   Yes.  It did not say anything about checking up the actual
    43        hours?
    44        A.  Right.  But I believe on supplementary
    45        page 4: "Equally, when I was an area supervisor for Clacton
    46        and Colchester, this is one of the things I regularly
    47        checked on my two or three weekly visits to the
    48        restaurants" -- on page 4, "young people (under-18s)".
    49
    50   MR. JUSTICE BELL:  That is what we were looking at a little 
    51        while ago. 
    52 
    53   MR. MORRIS:  Well, that may be.
    54
    55   MR. JUSTICE BELL:  I think we are back where we were before.
    56
    57   MR. ATKINSON:  It is a little unfair to say he dreamed it up
    58        five minutes ago because he did not refer to it on Friday
    59        in chief.
    60

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