Day 181 - 01 Nov 95 - Page 17
1 the page.
2
3 MR. JUSTICE BELL: They are square bullets!
4
5 MR. RAMPTON: Yes. (To the witness): Anyhow, whatever they
6 are, Mr. Pearson, do you see the third one: "Fear of
7 dismissal"?
8 A. I do.
9
10 Q. Here you are referring to witness statements filed on
11 behalf of the Defendants in this case, are you not?
12 A. Yes, I am.
13
14 Q. It starts: "Fear of dismissal", and then we go on: "Of
15 the 27 witness statements from former employees, 14 refer
16 to trade unionism. Company hostility, real or perceived,
17 features in most of these cases. Until 1995, part-time
18 staff have had to work for five years, and full-timers for
19 two years, before gaining the right to claim wrongful
20 dismissal at an industrial tribunal."
21
22 Were you there intending to suggest to us that somebody who
23 had been victimised at work because of trade union activity
24 would have to wait two or five years, as the case might be?
25 A. No, I was not trying to suggest that.
26
27 Q. No. It is not right, is it? Somebody who has been
28 penalised in any way at all for trade union activity of any
29 kind had (still has) an immediate right of access to an
30 industrial tribunal, does he not; is that right?
31 A. Access depending on dismissal.
32
33 Q. I said right of access; not dismissal.
34 A. Part-time employees have this problem, their insecurity
35 at work, and for that reason -----
36
37 Q. Please -----
38
39 MR. JUSTICE BELL: Just answer the question, first of all. If
40 you need to make a comment to explain your answer, please
41 do so. But if you answer the question first, then it is
42 easier for me to follow.
43 A. Right.
44
45 MR. JUSTICE BELL: Put the question again, please, Mr. Rampton.
46
47 MR. RAMPTON: The fact is, is it not, that so far as
48 penalisation or victimisation by an employer of an employee
49 at work for any kind of trade union activity was concerned
50 (and still is concerned), that employee had a right of
51 access to an industrial tribunal for compensation?
52 A. Yes, but.......
53
54 Q. Tell us the "but"?
55 A. The "but" is the point. The point is, that is why
56 I make the reference to the long service, particularly for
57 part-time staff who form the bulk of McDonald's employees.
58 The part-time staff have insecure employment, and the
59 problem is exercising the rights; that has always been the
60 problem. If I might say, that is why I include in the same
