Day 255 - 23 May 96 - Page 11

     
     1
     2   Q.   On page 168, it is talking about flexible working having
     3        positive and negative sides to it, and then it appears that
     4        the positive side is the one demonstrated by Good Year Tyre
     5        factory in Wolverhampton.  It then says:
     6
     7        "On the other hand, fast-food supremoes McDonald's have all
     8        the conditions for their flexible workers waited in their
     9        own favour.  Their flexible practices mean that employees
    10        may well be rung up on their rest days and asked to come in
    11        without even the incentive of overtime rates.  Labour costs
    12        at any single outlet must never exceed 15 per cent of
    13        sales, so if sales are down workers are laid off and the
    14        rest must simply work harder."
    15
    16        That does not remind you of this?
    17        A.  No.  It has an "11" beside it.  No, it is referring
    18        back to The Guardian article.
    19
    20   MR. JUSTICE BELL: If you cannot remember about it, I suggest you
         leave it there.
    22        A.  I cannot remember, no.
    23
    24   MR. MORRIS:  The thing is these pamphlets or this literature has
    25        been put in here for a purpose, presumably by the
    26        Plaintiffs, so we are entitled to ----
    27
    28   MR. RAMPTON:  No, my Lord, that is not right.  It was put in.
    29        It was disclosable material for the reason that it was, as
    30        I explained in opening, believed that much of this
    31        material, probably not all of it by any means, had in fact
    32        been prompted or generated by the London Greenpeace
    33        leaflet. It is not legitimate, and I will have to say this
    34        sooner or later, whether I say it now or at the end of the
    35        case, to cross-examine a Plaintiff on the basis that he has
    36        or has not taken certain action in respect of similar
    37        allegations in the past, either with the view to proving
    38        truth, or with a view to mitigation of damages.
    39
    40        What the purpose of this cross-examination is I have been
         waiting patiently to hear.  I do not know what the issue is
    42        to which it is related.  I have looked through the abstract
    43        from the pleadings and I can find, for example, no
    44        reference to Veggies.
    45
    46   MS. STEEL:  If we could just carry on, please.
    47
    48   MR. JUSTICE BELL:  Just pause a moment.
    49
    50   MR. RAMPTON:  I am raising an objection now because this file 
    51        has 47 tabs in it and I can see Mr. Nicholson being here 
    52        for another 3 days at this rate.  I do not believe that my 
    53        clients should have to pay for that experience unless this
    54        cross-examination is fair and has some point which is
    55        referable to the issues in this case.
    56
    57   MS. STEEL:  I am about to ask a question.
    58
    59   MR. JUSTICE BELL:  Please let Mr. Rampton finish and then I will
    60        ask you to say your part.