Day 172 - 12 Oct 95 - Page 24
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2 MR. RAMPTON: There may be differences, then, sometimes between
3 your Lordship -----
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5 MR. JUSTICE BELL: I am not deterring you from trying. You must
6 not be upset if I reach a different view.
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8 MR. RAMPTON: Not since my very earliest days have I ever had
9 that feeling.
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11 MR. JUSTICE BELL: You tell me in relation to Mr. Magill, then.
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13 MR. RAMPTON: Page 2, paragraph 4, second sentence. I start by
14 reminding your Lordship that Mr. Magill worked at
15 McDonald's Marble Arch from October 1986 until
16 approximately March 1987; that is five or six months
17 maximum.
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19 The second sentence of paragraph 4 reads: "Some people
20 worked at the store four years and still did not have all
21 their stars." Unless those were all 50 year olds with
22 packets of Wates cigarettes, he cannot know it; he can only
23 have been told. He was not there long enough. It must be
24 a report.
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26 It is an important sentence because, if it were true, it
27 would be quite -- well, it would be a criticism that could
28 be made. But Mr. Magill is not in a position to prove it.
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30 MR. JUSTICE BELL: Yes.
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32 MR. RAMPTON: My Lord, I will, if I may, complete my objections
33 to the Magill statement, and then the Defendants can
34 respond.
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36 Page 3 is the next one, my Lord. It is part of paragraph 5
37 which starts at the bottom of page 2. It is the fourth
38 complete sentence. Says Mr. Magill -- and this quite
39 plainly is hearsay evidence and, as such is
40 valueless -- "However, the employees all considered
41 themselves very much underpaid." Mr. Magill is not
42 entitled to represent the sentiment or opinion of other
43 employees.
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45 Then the bottom of page 3, the last four lines -- and I
46 will explain why I am now certain this is hearsay in a
47 moment -- he writes: "The majority of the employees worked
48 well over the 39 hours per week specified in the Handbook.
49 The limit was a joke. Most people did not object to
50 working over 39 hours because they needed the money." It
51 is just conceivable that you would have the case where
52 Mr. Magill was doing so much overtime that he saw all those
53 people doing it. However, if your Lordship would kindly
54 turn to the supplementary statement, which begins after
55 page 2 of the main statement, and to the second block on
56 the first page of the supplementary or continuation
57 statement, under the heading "more than 39 hours in a
58 week" -- this is obviously in answer to -----
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60 MR. JUSTICE BELL: Let me just catch up. Where in the
