Day 181 - 01 Nov 95 - Page 50
1 preventing or deterring him from taking part in the
2 activities of an independent trade union at any appropriate
3 time, or penalising him for doing so."
4
5 Do you have any concern by the McDonald's Crew Handbook --
6 that is the law of 1978, Employment Protection Act, which
7 I read out -- do you have any concern that in the Crew
8 Handbook it was a disciplinary offence to hand out
9 leaflets, collect subscriptions, hold unauthorised
10 meetings, put up posters on notice boards, or talk to an
11 outside body about conditions at the store?
12 A. Well -----
13
14 MR. JUSTICE BELL: I do not think that is a question you can --
15 it is a question of law whether that would be at an
16 appropriate time with the within the meaning of the Act.
17
18 MR. MORRIS: It will be appropriate to do those things -- well,
19 put up a poster?
20 A. If -----
21
22 MR. JUSTICE BELL: No, that is -----
23
24 MS. STEEL: If it was not in their working time, but -----
25
26 MR. MORRIS: In their break time, or something.
27
28 MR. JUSTICE BELL: All I am saying is, that is a question for me,
29 not for the witness. With every respect to Mr. Pearson and
30 his experience, that must be a matter to be decided in all
31 the circumstances by the tribunal.
32
33 MR. MORRIS: (To the witness): Would it be your view, then,
34 that those activities I have mentioned would be valid trade
35 union activities that people would carry on in the
36 workplace?
37 A. They would be, on the one hand, valid trade union
38 activities, and many more besides. But, quite clearly, the
39 contract of employment, you know, severely circumscribes
40 those activities, and -----
41
42 MR. JUSTICE BELL: I am sorry to interrupt you, but if you look
43 at the footnote to the section over the page -----
44 A. I am afraid I do not have the text in front of me.
45
46 MR. JUSTICE BELL: Very well. This is for Mr. Morris. "If the
47 employer withholds his consent to activities during working
48 hours, however unreasonably, then the time is not
49 appropriate......."
50
51 MR. MORRIS: Sorry, where does it say that? The notes on
52 page 2?
53
54 MR. JUSTICE BELL: Turn two pages on. Turn to page 3. "If the
55 employer withholds his consent to activities during working
56 hours, however unreasonably, then the time is not
57 appropriate, for the employee's remedy is by way of
58 complaint under section 28."
59
60 I am not saying that that is definitive, but the point is
