Day 122 - 05 May 95 - Page 04

     
     1        from working in excess of 39 hours per week" it then
     2        changes.  The original version said -- I am not sure which
     3        is the original version actually -- "I and my successor
     4        monitor this position by receiving monthly payroll reports
     5        indicating the staff who worked in excess of 39 hours per
     6        week, which position has been monitored since about 1986.
     7        By these monthly reports Operations Supervisors and
     8        Personnel Officers (now called Human Resource Officers) are
     9        aware of those stores which may be working crew in excess
    10        of 39 hours, and will take the necessary steps to correct
    11        it if the occurrence is more than occasional."
    12
    13        It then goes back to paragraph 25 on yours where it
    14        starts:  "Naturally, in the event of sickness".
    15
    16   MR. JUSTICE BELL:  Are there others?
    17
    18   MS. STEEL:   Yes.  The next change is a complete section has
    19        been cut out.  It is on page 20 of yours, after the
    20        paragraphs about the Newcastle incident, after paragraph
         52, and just before the disablement paragraph, there is a
    22        whole section about electrocution.  On page 5(G) of FBP2:
    23         "It is alleged as an example of the Plaintiff's failure to
    24        maintain a safe place of work and/or safe system of working
    25        and/or causing or permitting employees to work in poor or
    26        degrading conditions, that an employee, Mark Hopkins, was
    27        killed by electrocution whilst at work.  It is correct that
    28        Mark Hopkins was killed tragically by electrocution, but it
    29        is untrue that this was due to the failure of McDonald's as
    30        alleged.  The background to the incident" -----
    31
    32   MR. RAMPTON:  My Lord, I do not think there is any need to read
    33        this out.  It is going to take ages; it is three pages.
    34        Can I pass up mine?
    35
    36   MR. JUSTICE BELL:  Yes, but that is the subject anyway of that.
    37
    38   MR. RAMPTON:  Yes, the whole of this section which is
    39        seven -----
    40
    MR. JUSTICE BELL:  All I need to know is, it is all about Mark
    42        Hopkins?
    43
    44   MS. STEEL:   Yes.
    45
    46   MR. JUSTICE BELL:  Right.  Where else?
    47
    48   MS. STEEL:  Going on to -----
    49
    50   MR. JUSTICE BELL:  Could I ask you, are they all things which 
    51        were in the disclosed statement but not in the statement in 
    52        the bundle, or are there things which were in the statement 
    53        in the bundle which were not in the disclosed statement?
    54
    55   MS. STEEL:  By and large, it is all things that were in the
    56        disclosed statement and then were not in the bundle, but
    57        there is one sentence that has been changed that is in the
    58        one in the bundle, as opposed to just being something that
    59        has been cut out.
    60