Day 171 - 11 Oct 95 - Page 42


     
     1        that.
     2
     3        There is no issue about 2A.  With some definition of what
     4        the issues are, I am for you in relation to complaints in
     5        relation to the named people.
     6
     7        Did you want to say anything more about what you meant by
     8        "management style"?
     9
    10   MR. MORRIS:  Yes.  It is just that -- I mean, just an example,
    11        if someone says, well, you know, "Managers keep bossing me
    12        about and oppressing me", or something -- I am just trying
    13        to think of an example.  In Sean Richards' statement on
    14        page 3, point 8, he says: "I am surprised by Logan's
    15        allegation that certain employees would be harassed until
    16        their performance improved.  This has certainly never been
    17        my experience of colleagues, nor my personal approach."
    18        That was just a thing that struck me immediately.  What
    19        I mean is that if people say they are being harassed by
    20        managers or picked on or discriminated against, that would
    21        be relevant.  I think management style is a central issue
    22        in the employment section of this case.
    23
    24   MR. JUSTICE BELL: Right.
    25
    26   MR. MORRIS:  Do you want to carry on going through?
    27
    28   MR. JUSTICE BELL:  3 and 13, you said that it is difficult to
    29        argue any further.  Number 4, you need not address me
    30        further on that, nor 5, except that I had it in mind to
    31        limit 5 to matters arising out of the audits or the matters
    32        of which you have given particulars.  Is there anything you
    33        want to say about that?
    34
    35   MR. MORRIS:  No.
    36
    37   MR. JUSTICE BELL:  6, at the moment I am minded to direct that
    38        if the actual letter is not disclosed that there should be
    39        an affidavit.  I will express it in rather more appropriate
    40        terms, but I will merely say now an explanation, save to
    41        indicate that if the Plaintiffs choose I would accept a
    42        letter from Barlow Lyde & Gilbert because, for all intents
    43        and purposes, I see no difference in this case.
    44
    45        I think there is probably nothing you need to say in
    46        relation to that, because I am going further than just
    47        thinking it satisfactory that it is said:  "We cannot find
    48        it."
    49
    50        You need not address me on rap session notes.  What do you 
    51        want -- if I was for you on the 7, 8, 10 and 11, the next 
    52        question is which particular months.  At the moment, we 
    53        have May 1994 and August 1993 and/or 1994.  What do you
    54        want to say about that?
    55
    56   MR. MORRIS:  I have to agree with Mr. Rampton on that.  I think
    57        it will probably be more helpful -- I cannot see any
    58        difference except for, if you are going to see patterns,
    59        the fact that May and August are close together in the same
    60        year and that it is within more recent memory, it must be

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