Day 304 - 22 Nov 96 - Page 06
1 we wanted to, be able to call a significant proportion of
2 them anyway. I mean, firstly, there is the practical
3 difficulties for litigants in person of tracking down so
4 many people.
5
6 MR. JUSTICE BELL: I accept that, nor is there a way you could
7 be expected to call even two or three witnesses from the
8 majority of restaurants.
9
10 MS. STEEL: No, I mean, yes, there are also the practical
11 difficulties. Well, I do not think the courts would allow
12 it anyway, probably, if we started calling that many
13 people.
14
15 MR. JUSTICE BELL: No.
16
17 MS. STEEL: There is also the-----
18
19 MR. JUSTICE BELL: Had you started to do so, I would have said
20 we have got to have some structure in this and just pick
21 examples to reflect particular practices.
22
23 MS. STEEL: Yes, and obviously there is the point that not
24 everybody who is dissatisfied will necessarily complain
25 anyway. Nor, for that matter, will we necessarily -- well,
26 we are unlikely to find out about it, most people's
27 complaints.
28
29 MR. JUSTICE BELL: Yes.
30
31 MS. STEEL: I mean, we would say it is important to look at the
32 pattern which has emerged really from the evidence that we
33 have had, that generally all the records that we have got
34 do show instances of breaks being shortened and people not
35 getting their legal entitlements, that under-18s were
36 working illegal hours. The complaints about pay,
37 obviously, are a common theme from the witnesses that we
38 have called. There is a repeat pattern where trade unions
39 are referred to and, obviously, it should be borne in mind
40 that most people do not even think about trade unions
41 because they have got no great experience of trade unions.
42 I mean, the majority of the Plaintiffs' employees are young
43 people who have not worked in other places where they might
44 have come into contact with trade unions.
45
46 But, in any event, where trade unions have been referred to
47 it has been a common theme that, you know, management has
48 been hostile to people trying to organise, to fight for
49 better conditions and hostile to attempts, you know, for
50 people to distribute information about unions and so on.
51
52 There was, indeed, one thing which was interesting.
53 I cannot remember all the references for this, but in the
54 dispute in Canada we heard that after the majority of
55 employees had signed up for the union there was an argument
56 put forward that they had been promised -- that they had
57 been, you know, signed up because they had been duped.
58 They had been promised they could have their cards back at
59 any time.
60
