Day 212 - 30 01 96 - Page 2

                                                                 DAY 212
 
 
 
 
 
     1                                      Tuesday, 30th January, 1996
     2
     3   MS. STEEL:   I was just going to hand up a letter that I wrote
     4        to McDonald's solicitors about the Shops Act break
     5        allowances, and also some notes which I typed up last night
     6        after speaking to Kate Harrison, which are about the
     7        Colchester store.  I also spoke to Kevin Harrison, and
     8        I have not had time to write up the notes or type them.
     9        I am going to try to get that done today and give it to the
    10        Plaintiffs as soon as possible.
    11
    12   MR. JUSTICE BELL:  Yes.  I will read those overnight.  Thank
    13        you.
    14
    15   MR. MORRIS:  Just before we start, just to say we only got the
    16        further documents about Alan Beech last night.  We have not
    17        really had a chance to look at them.  Obviously, we could
    18        complain about it, but it would be helpful if the
    19        Plaintiffs, if they are going to refer to them, to refer to
    20        them saying in what way they are, you know, because if they
    21        are going to disclose all relevant documents and that is
    22        the reason they disclose them, then obviously the clock
    23        cards would be highly relevant to disclose because of all
    24        the allegations.  But if there is a reason for disclosing
    25        just these ones, then it would be helpful if we knew what
    26        that was.
    27
    28   MR. JUSTICE BELL:  In what way would the clock cards be
    29        relevant?
    30
    31   MR. MORRIS:  Because there are allegations about breaks, long
    32        hours, hours outside of the McDonald's own Company rules,
    33        different things.
    34
    35   MR. JUSTICE BELL:  Yes, but some of those are accepted by the
    36        Plaintiffs' witnesses.
    37
    38   MR. MORRIS:  Yes.  But they have said that suddenly they were
    39        miraculously stopped after their new Manager -----
    40
    41   MR. JUSTICE BELL:  What is the position in relation to that?
    42        Does Mr. Beech join issue with that?
    43
    44   MR. MORRIS:  In the supplementary notes, he says a number of
    45        practices did continue.  For example, on the second point
    46        in his notes, it says the early breaks, this problem
    47        continued until he left at the end.
    48
    49   MR. JUSTICE BELL:  Do not worry.  I only asked because,
    50        obviously, some of the allegations which Mr. Beech makes 
    51        are accepted by the witnesses who are going to be called on 
    52        behalf of the Plaintiffs.  There may be what the lawyers 
    53        call a certain amount of confession and avoidance; that is,
    54        you admit it but there is some explanation which is said to
    55        mitigate it.  But I would urge everyone to get through the
    56        Heathrow evidence with as little reference to the
    57        documentation as possible, because we have actually got to
    58        a restaurant where there is an element of common ground (be
    59        it large or small) actually between the witnesses which is
    60        rather refreshing.
 
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