Day 122 - 05 May 95 - Page 05
1 MR. JUSTICE BELL: Yes, tell me about that one then. How many
2 other matters are there which were -----
3
4 MS. STEEL: There is one more. I will say that one first,
5 I will lose my place otherwise.
6
7 MR. JUSTICE BELL: Yes.
8
9 MS. STEEL: Under the first paragraph of Labour Costs between
10 paragraphs 56 and 57 of yours, there was a paragraph that
11 read: "It is correct that managers are trained as part of
12 their management training to control controllable expenses,
13 for example, labour, the maintenance and repair of the
14 building and equipment, promotion, food and paper costs,
15 etc.. This training is general management advice
16 applicable to all businesses and is common to all managers
17 whether they work in the catering industry or otherwise".
18
19 The sentence that has been changed, it is back to paragraph
20 25 where I was saying about things that had been cut out.
21 Whereas the statement in the trial bundles says that the
22 position is carefully monitored, in actual fact in the
23 other statement it says that Mr. Nicholson and his
24 successor monitored the position which, I believe, is
25 different to what he has actually said -----
26
27 MR. JUSTICE BELL: Read the start of that paragraph in the form
28 you have it to me.
29
30 MS. STEEL: "Nonetheless, staff are discouraged from working in
31 excess of 39 hours per week. I and my successor monitor
32 this position by receiving monthly payroll reports
33 indicating staff who worked in excess of 39 hours per week,
34 which position has been monitored since about 1986".
35 I have read all of that out already but it does carry on.
36 I will not read it again unless you want me to.
37
38 MR. JUSTICE BELL: What is your concern? I can see a concern
39 that statements may have gone into the bundles which are
40 not the ones served on you because, if that has happened
41 elsewhere, you may be worried about what has gone in and
42 what I have.
43
44 MS. STEEL: Yes.
45
46 MR. JUSTICE BELL: I will take that up with Mr. Rampton in a
47 moment. Are you concerned that you have been put at some
48 disadvantage so far as Mr. Nicholson is concerned? I can
49 see you might well be if the statement which had gone into
50 the bundle had additional matters in which had not been
51 served on you. It might be rather different if matters had
52 been cut out because either side, having served a statement
53 originally which, let us say, had 10 things in it, might
54 decide that they were not interested in adducing evidence
55 of two of them, so might say: "Here is an edited
56 statement, because we do not consider those matters are
57 relevant and we are going to put it." You would be
58 informed then, but there might be no harm in that. In
59 fact, it might help because it would enable everyone to
60 focus on what they did intend to adduce in evidence.
