Day 169 - 04 Oct 95 - Page 11
1 to the walking area. He said it was unlikely but it would
2 be in an extreme case.
3
4 MR. JUSTICE BELL: He said he did not, so I am content with that
5 being left like that, but the non-repairing it because of
6 expense, I think, should be put.
7
8 I would like to say something now, in general, about the
9 situation we have got where you are cross-examining a
10 witness -- please sit down, Mr. Richards -- where in
11 relation to a specific store. As I understand the
12 situation, it is part of your case that, whatever the
13 theory is at McDonald's about conditions of crew and
14 treatment of crew, the reality is different. In fact, that
15 is the main thrust of Mr. Cranner's statement about West
16 Ealing, for instance, he says so in terms.
17
18 You seek to demonstrate that by calling a number of
19 witnesses who have worked at various McDonald's stores to
20 say what actually happened there in various respects. At
21 the end of the day, if I accept their evidence in relation
22 to those matters, I will have to consider where that takes
23 me so far as any conclusion about general practices on the
24 floor, as it were, at McDonald's are concerned.
25
26 Since you have served statements from those witnesses,
27 McDonald's have by and large served statements, sometimes
28 late in the day, like Mr. Richards, seeking to counter
29 them. Although the McDonald's statements are, as it were,
30 served in rebuttal of allegations made in your witness
31 statements, the scheme of things is that McDonald's
32 witnesses come first. So you cross-examine McDonald's
33 witnesses first before you actually get to call your own
34 relevant witness.
35
36 When you do that, it is fair enough that you should be able
37 to ask some general questions about practices at
38 McDonald's, to test what the general practices are, but you
39 have already done that in relation to a lot of more general
40 McDonald's employment witnesses.
41
42 So what you really, I would suggest, ought to be
43 concentrating on is not so much the generalities at
44 McDonald's but on the allegations which your relevant
45 witness, Mr. Logan, in relation to Bath makes in his
46 statement.
47
48 I am not going to stop you cross-examining about the
49 generalities, provided I can see they are relevant, but
50 that is why I ask the question about what you were aiming
51 at over the number of probationers who were released each
52 year. But I am very anxious that your case on the specific
53 malpractices which your witnesses are going to speak of be
54 put to McDonald's witnesses as well.
55
56 MS. STEEL: I mean, I think we are trying to put what is in our
57 witness statements. It might be that sometimes we miss
58 things out by accident.
59
60 MR. JUSTICE BELL: It may be, but, if I might suggest, do
