Day 137 - 19 Jun 95 - Page 64
1 Q. Finally then, Mr. Stein (because I know his Lordship has to
2 go), the first part of this little paragraph: "McDonald's
3 reserves the right to amend or modify the policies in this
4 handbook at any time without prior notice. These policies
5 do not create any contractual obligations between
6 McDonald's and its employees". What is the meaning, so far
7 as its effect in American law is concerned, of those two
8 first lines?
9 A. It reserves the right of the Company to change terms
10 and conditions. The reason it is in here again are
11 specific words of art absent, this being in here
12 specifically, an employer cannot change anything, no matter
13 how economically justified or justified for other good
14 reasons. You cannot change anything. So, American
15 employers have put language such as this in, so they do not
16 get into a situation where they cannot change something
17 that needs to get changed.
18
19 Q. Even so, if the employee were able to extract from what is
20 in this document a term or condition of employment which
21 the court would recognise, does that happen? In other
22 words, you have undertaken to pay me; you have undertaken
23 to give me certain hours of work, provide me with this,
24 that and the other?
25 A. I think your question is going to things such as
26 promissory estoppel.
27
28 Q. You could -- yes -----
29
30 MR. JUSTICE BELL: I did not leave myself any slack whatsoever,
31 Mr. Rampton, and we have to come back tomorrow, so we will
32 resume then at 10.30.
33
34 (Adjourned until the following day)
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
