Day 145 - 29 Jun 95 - Page 03

     1        is a negative situation.  Rightly or wrongly, Mr. Stein is
     2        saying they have not encouraged people to run.  It does not
     3        mean to say there is a reason for not doing something.  If
     4        someone asked me why I did not go to Brighton yesterday, in
     5        fact, I have a very good reason -- that is not a very good
     6        example -- but it is much more difficult to give a reason
     7        why you do not do something rather than why you have done
     8        something; it is just a fact of life.
    10   MS. STEEL:  But I think that is a little bit different.  There
    11        are reasons for not running.
    13   MR. JUSTICE BELL:  Just ask, is there a specific reason why a
    14        positive encouragement to run is not, in fact, given?
    15        A.  My Lord, I could think of several possible ones and
    16        I would probably leave out several others.
    18   Q.   But is there one that you know of, as a matter of policy,
    19        Company policy, why people have not been encouraged to run?
    20        A.  It is not the pace at which we want our employees
    21        working.  It is not the view that we want our customers to
    22        see that running is -- I do not think anybody appreciates
    23        running.
    25   MS. STEEL:   It would be unsafe, would it not, in a kitchen
    26        environment?
    27        A.  It could be, yes, it could be.
    29   Q.   And behind the counter where there are lots of people
    30        working?
    31        A.  It could be in certain circumstances, sure.
    33   Q.   If they are carrying hot drinks?
    34        A.  No.  No.  Listen ----
    36   Q.   If they bump into someone and they have hot drink in their
    37        hand, it may spill over their hand?
    38        A.  I think it is pretty obvious.  I think it is pretty
    39        obvious that under ---
    41   Q.   That is fine, just say "yes" then.
    42        A.  -- some circumstances it could be dangerous and under
    43        some circumstances it would not be dangerous.  I do not
    44        know where you are going with this.
    46   Q.   You do encourage crew to run, do you not, and management
    47        are trained to encourage crew to run?
    48        A.  That is totally incorrect.
    50   Q.   I would like to show a video; it is one of the Plaintiffs' 
    51        own videos. 
    53   MR. JUSTICE BELL:  Which one is it?
    55   MS. STEEL:   It is NDP1, Floor Control one.  It is about halfway
    56        through because it is quite long, so I do not want all of
    57        it.  So if anybody else wants to view it, of course, it is
    58        up to them.
    60   MR. JUSTICE BELL:  How much of it do you want to show?

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