Day 172 - 12 Oct 95 - Page 40
1 told one by one, that it was deliberately put about by
2 management to have an effect on staff demands or staff
3 perceptions.
4
5 So we are on to paragraph 16: "Certain people developed
6 skin rashes in using cleaning liquids. Requests made to
7 management for gloves, but declined." I mean, that is
8 clearly that something that could have been witnessed by
9 the person, Mr. Magill. Just the fact that he does not
10 remember the names does not really change the effect of
11 that, because if something is happening regularly I do not
12 see why people should be expected to remember names and
13 dates. In fact, it is probably even more significant that
14 someone does not remember names and dates, because it is
15 such a regular occurrence; it is not notable anymore.
16
17 17 -- yes, we do not care about that.
18
19 MR. JUSTICE BELL: No. It seems to me that could only be
20 hearsay, so far as Mr. Magill was concerned.
21
22 MR. MORRIS: Yes. Now, I think the next one is point 20. Is
23 that correct?
24
25 MR. JUSTICE BELL: Yes, paragraph 20
26
27 MR. MORRIS: Paragraph 20. Mr. Rampton was incorrect to say
28 that Mr. Magill is putting down that he has no doubt from
29 the impressions he was given from management, presumably,
30 that the Company would have got rid of anyone if they had
31 have joined the union; and then he goes on to talk about
32 the general management practice; so he is clearly linking
33 that with management attitudes. So I do not see any
34 problem with that one. In fact, that only emphasises -- it
35 may be the reason why no one did mention trade union.
36
37 The point about Ray Kroc, yes, we do not particularly care
38 about quoting what Ray Kroc thought, because I cannot see
39 how Mr. Magill could know what Ray Kroc thought; and,
40 likewise, I cannot see how Mr. Atkinson could quote that
41 that was incorrect about what Ray Kroc thought, either,
42 which he did in his statements; and, also, other people
43 have mentioned Ray Kroc in the witness box, and they cannot
44 possibly have known either. Even if Ray Kroc did think X,
45 Y, Z, it is not that relevant in this case, anyway.
46
47 MS. STEEL: While we are on this, can I just say that if
48 Mr. Rampton is intending to attack the credibility of the
49 witness through that particular statement, I think he would
50 have to bring evidence to show it was untrue first. I am
51 not saying there is any evidence at present here in the
52 court to say it is true, but -----
53
54 MR. JUSTICE BELL: That is argument for the future. I am not
55 concerned with that now. The final one was page 4 of the
56 supplementary statement.
57
58 MR. MORRIS: Yes.
59
60 MR. JUSTICE BELL: The takings at Marble Arch never fell.
