Being told by employer you need to go to court

AquaGirl

Bouicca - the damage they sustained is their rear passenger door, rear quarter panel or whatever it’s called & ends at their rear passenger tail light.

ACG

Appreciate you do not want to give details but they will probably make a difference.

If you knocked someone over because you had stopped and someone went in to the back of you, whilst not your fault you still hit the person in front of you. If that person is now making a claim against the company then I can see why they would want you to go and by not helping them prevent/reduce their losses (ie did you have your hand break on) then they are going to be a little annoyed.

Legally, I do not think your employer can make you go to court, although it could be a breach of contract if it is in there (doubtful). They could take you to a disciplinary where the outcome could be whatever they feel is necessary - which could be a dismissal. As you have been there for over 2 years, you do have rights and could go to a tribunal.

However, failing that, you may find that your bosses decide you are not doing your bit for the company and so are not really an employee they want/trust - no pay rises, no promotions etc. Employers can be awkward if they want you out without actually firing you.

bouicca21

So the damage can be interpreted as they conducted a dangerous manoeuvre without paying proper attention and/or signalling.

Or - since the damage suggests they had almost completed the manoeuvre when you struck them, you were not paying sufficient attention and/or were going too fast.

Either way the court needs to hear your testimony. Sounds 50/50 on the face of it.

AquaGirl

bouicca21 wrote: »

So the damage can be interpreted as they conducted a dangerous manoeuvre without paying proper attention and/or signalling.

Or - since the damage suggests they had almost completed the manoeuvre when you struck them, you were not paying sufficient attention and/or were going too fast.

Either way the court needs to hear your testimony. Sounds 50/50 on the face of it.

Fair enough.

I don't know why they don't get dash cams fitted to company vehicles. Even £20 eBay specials are better than nothing. Indeed one worker saved the company £1000s in an incident that was going to go 50/50 until they provided their own dash cam they had put in the vehicle. Thing is, that's probably what the company hope for - for you to buy your own dash cam so they don't have to dip in their pocket. I know some people would, others wont.

steampowered

The key principle is this.

It may be completely true that they ignored signs on the road and caused the accident.

But the judge wasn't there. That's why you need to go to court - so that you can tell the judge what happened !!!!! Nothing more nothing less.

Think of it this way. If you were involved in a serious accident that wasn't your fault, and you needed evidence to prove your case, you would want the person who saw that to tell the judge what happened. Wouldn't you?

And yes, you can be sacked if you refuse to attend court. Employees are expected to attend court to give evidence where they have evidence relevant to a case.

NBLondon

I second the advice to start hunting for another job!

The OP doesn't particularly want to help her employer because of previous troubles; the employer has apparently asked her to embellish the truth in court. If she refuses to go to court, she will likely face disciplinary action; if she goes to court and tells the truth, she may face more (unofficial) troubles at work. Going to court and telling the tale as the company wants it may help in the short term but may still backfire depending on how believable it is.

So the question starts to look like - how much does the OP want/need this job? Getting advice about whistle-blowing etc. is valid but it's not a hassle-free option. All options here have some degree of hassle and none lead to a better work situation do they?

Smodlet

Smodlet wrote: »

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?

AquaGirl wrote: »

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.

If something is my fault, I hold my hands up, too. First you agree with me "100%" then you cast aspersions. I think your posting history says a great deal about you, OP; I also wonder why you still have a job.

MamaMoon

AquaGirl wrote: »

Hi. Sorry i'm not really sure if this is better suited here or the motoring forum so as i think it's more to do with employment i will try here.
You're involved in an incident/accident on the road whereby the other driver ignores road markings and you have a collision. Fast forward months and your employer is telling you you need to go to court over this matter.

I don't know the answer obviously which is why i am here but can they make you attend court for this? Without being facetious obviously nobody can make anyone go. If you decided to not leave your bed then nobody is going to come and physically remove you. That's not what i'm asking. Is it likely that you would be required to attend court though in such a situation? Say the incident happened on a non-work day with a non-work vehicle then yes i can see how you may be required in court. I didn't know if it involving work vehicles and work time changed anything & whether the employee or employer would be required in court.

I know it'll all seem like really simple stuff to others & it probably will to me when the replies come in but i just wanted to ask.

Sorry for joining the party late, but the claimant (or defendant) can apply to the court for a witness summons.

If you are served with a witness summons, far better that you attend on your own terms, as otherwise the court will probably be asking you later why you disobeyed their order. Could turn out to be very expensive.

lisyloo

I third the suggestion to start putting your CV together and looking for other jobs.
Also sound out friendly colleagues for references.


You don't really have a choice about going to court as you'll likely lose the job anyway.
You should tell the truth.
There are options for fighting wrongful dismissal e.g. if you were dismssed because you told the truth, but its very hard to prove e.g. employer could just say your work wasnt up to scratch and in general it's better to put your efforts into finding another employer.

Mistral001

Go to court, answer the questions asked and then go home or back to work. You are there representing only yourself. You will not be representing the owner of the vehicle. The driver of the other vehicle will no doubt be there and they will be telling the court what they thought happened. You need to tell your side.

You cannot just wish away this accident and pretend it did not happen or hope it will all be taken care of by other people. You are an important person regarding this accident.