Day 120 - 03 May 95 - Page 30


     
     1        day?  That is the way it seems to me at the moment, unless
     2        you have got some specific topic which you are concerned
     3        about, which you feel you must put to Mr. Nicholson.
     4
     5   MR. MORRIS:  Is there a reason why you have not read the witness
     6        statements of the Defendants for this issue employment
     7        issue?
     8        A.  No, I am used to criminal prosecutions.  I present my
     9        case.  I have made my statement, and you have it.
    10
    11   Q.   I was going to refer Mr. Nicholson to statements and ask
    12        him questions about them.  Obviously if he had read them
    13        I could say: "Well, where Mr. Crammer says such and such,
    14        would that be a thing you have heard before amongst
    15        managers?" or -----
    16
    17   MR. JUSTICE BELL:  You do not have to relate it to a particular
    18        witness.  What you should really have is incidents which
    19        you say happened or patterns of behaviour or conduct, and
    20        so on, on which you are then going to ask him: "Is this
    21        something you were aware of occurring from time to time?"
    22        Can you not do it that way?  It will be much less laboured
    23        than referring to particular witness statements.
    24
    25   MR. MORRIS:  I have sort of done a list of things and it would
    26        take a very short time, but if we-----
    27
    28   MR. JUSTICE BELL:  Extract the guts of that; the practices or
    29        unsatisfactory ways of, you would suggest, McDonald's
    30        dealing with employers and by all means ask whether he has
    31        been aware of that happening.
    32
    33   MR. MORRIS:  Yes.  You say that people have a right to join a
    34        trades union, and they should presumably know they have got
    35        a right to join a trades union, yes?
    36        A.  I presume so.
    37
    38   Q.   Would you be concerned if a manager described unions as an
    39        unspoken taboo in the company?
    40        A.  I would reject it completely.
    41
    42   Q.   Would you be concerned, if that is what -----
    43        A.  No, I do not think it is.
    44
    45   Q.   You would be concerned if it was a taboo?
    46        A.  It is not a taboo.
    47
    48   Q.   Would you be concerned if that is the impression that
    49        employees were getting?
    50        A.  I have no reason to believe they are. 
    51 
    52   Q.   If they were getting that, would be concerned? 
    53        A.  I cannot answer that question.  I have no reason to
    54        believe they are; I am not concerned.
    55
    56   Q.   But you have not read the statements; you have only spoken
    57        to employees in formal circumstances.
    58
    59   MR. RAMPTON:  No, my Lord, I want to make an objection, if Mr.
    60        Morris would not mind.  It is not right to put hypothetical

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