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Being told by employer you need to go to court

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  • Smodlet
    Smodlet Posts: 6,976 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Hadn't thought of that. But it's less fanciful than what I was imagining...


    If the OP has a difficult relationship with their employer now, I can't see it improving.

    It is exactly what I was imagining (along with "Is the OP in the Witness Protection Programme?"... Too much TV)

    The OP is so adamant the other party is patently at fault; what's the betting the other party says exactly the same about her? Whatever the truth of the matter, is it not human nature to blame someone else when one knows one is (or may be found to be) at fault?

    Unless this incident happened in the middle of nowhere which, with all these road markings, sounds unlikely, I would be surprised if there are no other witnesses: Bystanders/other drivers or their passengers who may have filmed the incident; CCTV or speed cameras, a passing police officer. Should any of these be the case, it may be identifying herself on here is the least of the OP's worries; she may find herself on YouTube!
  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Op, you need to go to court if asked. End of story.

    There's nothing to be scared of. You simply tell the court what happened. That's it.

    99% of cases like this are dealt with by the insurance companies without proceeding to a court hearing anyway.
  • AquaGirl
    AquaGirl Posts: 90 Forumite
    Presumably (we are light on detail) you were driving your employer's vehicle, somebody (the third party) cut you up, and there was a collision. Again presumably, either your employer is suing the third party, or the third party is suing your employer. (Insurers may be involved, but that's irrelevant for now).
    Correct & i don't know. Correct in that this person pulled right across me causing me to hit them - that is without delay. Not a pulled across me, 5 minutes passed and then i drove in to them.
    I'm only saying it like that because from reading the forum i can see how things sometimes get turned and twisted and some but not all people look for things that don't exist. This person pulled in front of me - a manoeuvre they shouldn't have taken by the lane & road sign markings, they did it at the last second and i hit the brakes but it was too late and i hit them.
    As for someone is suing someone else, i don't know. I informed my employer, i was given a form to fill out detailing the incident and that was it. I don't know the ins and outs of what is going on other than i got told i need to attend court.
    Can you see why your employer might have to rely upon you appearing as a witness either to win their claim or to defend the third party's claim? (Sorry if I'm being patronising, but you don't seem to appreciate why you may need to appear as a witness).
    No, i get it. I have made a statement though, to my employer at least. I'd only be repeating that statement that they could surely hand to the court?
    to be honest, I don't understand your reluctance to appear in court.
    Due to the fact that i wont go in to it on a public forum i'm afraid you wont.
    you said in the OP that they had called you.
    I've re-read the OP twice and can't find that bit. In fact i've just read it a third time to be extra sure before i post this and still can't find it. I'm not being funny but could you quote me on it please so i can see what bit you're referring to.

    I don't understand your reasons for not wanting to be a witness, but if I were you they'd have to be pretty good ones for me not to appear if my employer asked me to.
    Let's just say that my employer has previously come extremely close to landing me in a lot of trouble and i mean a LOT of trouble. Not anything minor like a wrist slap or even a fine. I have no desire to do them any favours when through their lies i was so close to being in big trouble shall we say.
    Now i know that wont go down well either because a company would never do such a thing right? So the employee must be lying on an internet forum instead.
    But remember, they've already asked me to say something that didn't happen and unless something major had happened i wouldn't even be making this thread, i'd just attend without a problem. So maybe i'm not the lying employee after all. That's basically what it comes down to - they nearly hung me and because of that i have no desire to help them when they need it.
    Smodlet wrote: »
    Whatever the truth of the matter, is it not human nature to blame someone else when one knows one is (or may be found to be) at fault?
    Totally 100% incorrect.

    Some 10 years ago i hit another car.
    I pulled up, admitted blame to the other driver which is what we're all told not to do isn't it? But it was absolutely my fault. I told this to my insurance company.
    If it's my fault then i take it on the chin. If it's not then i say so.

    Perhaps suggestion that idea says more about yourself? Who knows.
  • AquaGirl
    AquaGirl Posts: 90 Forumite
    The boss will also be attending court with me. She was the one who asked me to say something that didn't happen (the boss).

    I know you can get union representatives involved in disciplinary hearings such as dismissal hearings and the like. That's about as much as my understanding of unions go.
    Would it be worth discussing this with my union at all or is that pointless?
  • I’d agree with those who suggest that you start looking for another job.

    Refusing to go to court means no witness which makes a loss very likely, so you’ll be costing your firm money which they’ll likely view as being your fault.

    They’ll also likely believe that the reason for not going is that you lied about the accident.

    It’s not certain of course, but it looks easily within the realm of gross misconduct which could mean immediate dismissal and a negative reference.

    Without the details which you prefer not to share I can’t see an easy way for you to argue against this outcome.
  • I’ve just seen that the OP has a habit of leaving out critical information, to milk a thread for all she can, and this thread definitely follows that trend.

    OP, did you follow through on your court claim for being overcharged by 7p at Greggs?
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 4 August 2019 at 8:39PM
    AquaGirl wrote: »
    I've re-read the OP twice and can't find that bit. In fact i've just read it a third time to be extra sure before i post this and still can't find it. I'm not being funny but could you quote me on it please so i can see what bit you're referring to.
    .


    I'm sorry - you are right. You didn't say it in the opening post, you said it in #11, did you forget? "When the solicitor called i was asked if i said what i'd been told to." I'm surprised the solicitor from the third party would be in contact with you - sounds a bit odd. (I'm also surprised you can't remember that conversation if you are now querying it).


    Maybe the last post is correct...
  • AquaGirl
    AquaGirl Posts: 90 Forumite
    I'm sorry - you are right. You didn't say it in the opening post, you said it in #11, did you forget? "When the solicitor called i was asked if i said what i'd been told to." I'm surprised the solicitor from the third party would be in contact with you - sounds a bit odd. (I'm also surprised you can't remember that conversation if you are now querying it).


    Maybe the last post is correct...
    I'm afraid i'm having a hard time following you.

    I never said that i can't remember the conversation. You said i said something in my OP so i went to the OP to find no i didn't. Now you're saying i said i can't remember a conversation. I didn't say that, you did.
    I can only tell you what's happened. If it's strange then it's strange, i can't do anything about that. Strange things do happen in life some times.
  • silverwhistle
    silverwhistle Posts: 4,057 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    AquaGirl wrote: »
    I'm afraid i'm having a hard time following you.


    Yes, possibly, but everybody else here are having a hard time following you. From the point of view of being a credible witness in court it doesn't look good.



    I can't really think of any reason you don't want to go to court: on a witness protection scheme, stealth trans, abusive ex-partner, fear of speaking in public, we can only speculate?


    I'd bite the bullet and go, it must be easier than the knots you are tying yourself in here.
  • bouicca21
    bouicca21 Posts: 6,725 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    So did you hit the back of the other vehicle or the side? The damage sustained will tell its own story.
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