Day 177 - 26 Oct 95 - Page 09

     
     1        is all right.  My only fear about overtime was that there
     2        was going to be some substantial addition to what he has
     3        already got in his second statement at paragraph 23.
     4
     5   MR. JUSTICE BELL: You would still like some notice in relation
     6        to performance related pay?
     7
     8   MR. RAMPTON:  No, because I think I have it now; I think
     9        I understand now why he says -----
    10
    11   MR. JUSTICE BELL: I am not sure I do, but if you are content
    12        that is all that matters.
    13
    14   MR. RAMPTON:  I think I am.  I think what he is saying is, if
    15        you start low you cannot make up the ground by performance
    16        related awards which (a) are not sufficient and (b) are
    17        discretionary.  I think that is what he means.
    18
    19   MR. MORRIS:  Mr. Rampton grasps it better than I do.
    20
    MR. RAMPTON:  I think that is what he means.  Whether there is
    22        any force in it or not is entirely another question.
    23
    24   MR. JUSTICE BELL: But you do not want to say anything more about
    25        Mr. Gibney?
    26
    27   MR. RAMPTON:  No, I do not want to say anything more about that.
    28        I will, also, if your Lordship would like me to, before we
    29        start the legal argument, say about Bath, but I will -----
    30
    31   MR. JUSTICE BELL: I will make a ruling first of all, so that you
    32        know where we stand.
    33
    34                 (See separate transcript for ruling)
    35
    36   MR. MORRIS:  Thank you.  Just to clarify one of the Simon Gibney
    37        things, the one thing I would like to say about him working
    38        at other stores is that he did actually work at those other
    39        stores.
    40
    MR. JUSTICE BELL: You can say that he worked at the other stores
    42        as a matter of intimation of his experience, as it were,
    43        but, for reasons which I have given either in argument or
    44        just now, I do not want to hear any detail in relation to
    45        it.
    46
    47   MR. MORRIS:  The other thing that relates directly to the
    48        Colchester store is that we have a witness statement of the
    49        manager of the store at the time, which was Ray Coton, who
    50        has been mentioned.  He is willing to give evidence for the 
    51        defence.  I am sorry, it is taken from a fax and it is not 
    52        the best quality.  (Handed) 
    53
    54   MR. JUSTICE BELL: Yes.
    55
    56   MR. MORRIS:  There is actually nothing new in there.  As far as
    57        I know, it is just a matter of reinforcing the other
    58        witnesses that appeared.  So I hope there will be no
    59        problem.
    60