Day 115 - 06 Apr 95 - Page 60
1 they would record ----
2
3 MR. JUSTICE BELL: I do not think anything sinister in what is
4 being put to you.
5
6 MR. RAMPTON: Nothing sinister at all.
7
8 MR. JUSTICE BELL: In fact, I will read out to you, above the
9 space for you to sign it says: "I agree to work to these
10 conditions of employment as from 22nd May 1993." At the
11 very bottom of the page -----
12
13 MR. RAMPTON: 10th March, is it not, my Lord?
14
15 MR. JUSTICE BELL: No, I think it is 22nd May. At the bottom of
16 the actual page there is a date which may indicate when the
17 person responsible for the document actually drafted it and
18 had it typed up. I think all that is being put to you is
19 that before you would have had an opportunity to sign that
20 document and accept the conditions of employment for
21 catchers, your employment was terminated anyway. Does that
22 sound right?
23 A. Somewhere near, sir, yes.
24
25 MR. JUSTICE BELL: Do you want to ask anything more?
26
27 MR. RAMPTON: No, I do not, my Lord.
28
29 MR. JUSTICE BELL: Thank you, Mr. Bruton.
30
31 (The witness withdrew).
32
33 MR. RAMPTON: My Lord, all I would say finally to this question
34 is that Defendants should, in my submission, think about
35 the purpose for which they want to use these documents. It
36 may be they do not need a Civil Evidence Act Notice at all
37 if it is merely used as evidence of what Sun Valley were
38 saying. If they want to go further than that, then they
39 will have to.
40
41 MR. JUSTICE BELL: At the moment you have evidence, I hope
42 Mr. Rampton will correct me if he believes this to be
43 wrong, that these were proposals or explanations of what
44 was proposed or intended by Sun Valley the working
45 arrangements should be. That much I can get from the face
46 of the document, can I not?
47
48 MR. RAMPTON: If one is going to be -- I will not be horribly
49 technical -- there is an intervening stage, actually.
50
51 MR. JUSTICE BELL: That is how I would be minded to interpret it
52 at the moment, unless there is any evidence to challenge it
53 in due course. On the face of them, those documents speak
54 as to what Sun Valley was proposing the working
55 arrangements should be. What I suggest is you go away and
56 think about it. If you need more than that in some way,
57 then a Civil Evidence Act Notice may be appropriate, but
58 then you may get a counter notice saying you have to call
59 Mr. Jeff Bowell and it is all really for no particular
60 gain, because what I have explained the documents mean to
