Day 153 - 12 Jul 95 - Page 48


     
     1
     2   MR. JUSTICE BELL:  Do not bother about the argument with
     3        Mr. Rampton.  What you should put is anything which is a
     4        matter of important fact and especially anything which
     5        reflects on the character of the witness.
     6
     7   MR. MORRIS:   I will have to start checking again, I mean,
     8        because unless it is pointed out -- maybe if Mr. Rampton
     9        wants to point out a specific thing?
    10
    11   MR. JUSTICE BELL:  No, I do not see why he should point out
    12        everything, but where he does do so, you would be wise to
    13        pursue it.  If, at the end of the day, it turns out that
    14        you have missed something or other, I am not going to
    15        assume that you have resiled from the allegation if it
    16        comes up in evidence, but where a point has been taken that
    17        it should be put, you would be wise to put it.
    18
    19   MR. MORRIS:   Can Mr. Rampton say exactly what it is he wants me
    20        to put?
    21
    22   MR. RAMPTON:  I have already indicated that; it is the second
    23        paragraph on page 14 and the next page.
    24
    25   MR. JUSTICE BELL:  Yes, going over to the next page.
    26
    27   MR. RAMPTON:  At the moment all we have is a broken air
    28        conditioner on a cold day which amounts to nothing.
    29
    30   MR. JUSTICE BELL:  Especially, for instance, you see the last
    31        sentence of the paragraph at the top of page 15?
    32
    33   MR. RAMPTON:  Exactly.  So, my Lord, it is also the allegation
    34        of victimisation which appears at the bottom of page 14.
    35
    36   MR. JUSTICE BELL:  Yes.
    37
    38   MR. MORRIS (To the witness):  You are aware of the law regarding
    39        the minimum temperatures in workplaces, are you?
    40        A.  I know there is a law, yes.
    41
    42   Q.   There is a law?
    43        A.  I am not aware of the detail, no.
    44
    45   Q.   Would you say it is something around 16 degrees Centigrade?
    46        A.  I do not know what it is exactly, 16 to 21 is .....
    47
    48   Q.   16 to 21?
    49        A.  Something like that, yes.
    50 
    51   Q.   Right.  Is that not something you should know about if you 
    52        have been a Manager?  It is something that is important 
    53        for, for example, crew conditions and safety, is it not?
    54        A.  I mean, as a Manager, I would be aware that, you know,
    55        what was an acceptable working environment temperature to
    56        work in, and the air conditioning units, as I recall, were
    57        I think they were set on 18 degrees C, is what we would set
    58        the air conditioning to.  So, from memory that is about the
    59        temperature that would normally have been throughout the
    60        restaurant.

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