Day 212 - 30 01 96 - Page 2
1 Tuesday, 30th January, 1996
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.
12 MR. JUSTICE BELL: Yes. I will read those overnight. Thank
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.
28 MR. JUSTICE BELL: In what way would the clock cards be
31 MR. MORRIS: Because there are allegations about breaks, long
32 hours, hours outside of the McDonald's own Company rules,
33 different things.
35 MR. JUSTICE BELL: Yes, but some of those are accepted by the
36 Plaintiffs' witnesses.
38 MR. MORRIS: Yes. But they have said that suddenly they were
39 miraculously stopped after their new Manager -----
41 MR. JUSTICE BELL: What is the position in relation to that?
42 Does Mr. Beech join issue with that?
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.
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.