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Legal Advice - Going To Court For A Previous Employer

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Old 28 August 2007, 10:44 AM
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Dave1980
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Default Legal Advice - Going To Court For A Previous Employer

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In need of a bit of advice and I thought where better than to ask on Scoobynet.

Basically come 27th September I have been summoned as a witness to attend court as a witness on behalf of my previous employer regarding an accident on a construction site. Its not something I am too worried about but how do I stand on loss of earnings?. So far they have sent me a cheque to cover travel costs which is ok.
Although obviously i am going to be absent from work for at least one day and lose days holidays as a minimum.

Am i within my rights to ask for a sum of money to cover me for what my lost time at work would be?. They have said that other expenses can be agreed but having never done this before i dont know where i stand.

Anyone been here before?.

I am the make and break of the case as well due to having all the information safely stored in my head too. Think the least they can do is cover me for my lost time.

Thanks in advance.
Old 28 August 2007, 11:00 AM
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SJ_Skyline
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Is there anything in your contract with your current employer covering obligations?

Is there a company policy regarding jury service? You could twist this one around to suit you as you've been summoned therefore your current employer can't refuse you time off. It's a bit low that you've had to take a day off as holiday, I would expect a day's unpaid leave as a minimum and have the previous employer pick up the tab.

Good luck
Old 28 August 2007, 11:27 AM
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Dave1980
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I have checked into my current contract and basically i either take it as unpaid leave or a days holiday.

I guess i will have to get the previous employer to pick up the tab. Problem is its all being done by their legal people so not sure how helpful they will be with that. Can always phone up my old director and get him to sort it out i spose.

Thanks for the help.
Old 28 August 2007, 02:29 PM
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Chrisgr31
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Depending on what the case is about could there be a conflict of interest if they pay you for your time? Does that mean you are then being paid to be a witness and is that legal?

As you have been summonned I think you have to attend, as to do otherise is an offence! Have you tried speaking to your current employers rather than just checking your contract? In the circumstances they might be prepared to give you an additional paid day-off, especially as you are on employers (albeit old one) side!

Failing that does the summons say anything about your costs? I don't know if it is possible to claim them back from the court as that might be possible.
Old 28 August 2007, 03:40 PM
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Dave1980
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I have already given my witness statement and everything else required to the legal bods and the court are aware of that i presume.

I just want to make sure i am covered, i will consult HR tommorow and see where i stand.
There is mention somewhere in the paperwork i have about claiming expenses etc back so will see how that goes.

Basically i am representing my old company as the building the accident happened in on the site concerned was run by me. So as nobody else is aware of the exact details first hand they have requested that i attend.
There is no conflict of interest as i dont work for them anymore.

Thanks guys.
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