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Holiday in 15 days in jeopardy!!! AARRRGGGHHHH

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Swindon, United...
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Holiday in 15 days in jeopardy!!! AARRRGGGHHHH

Im due on holiday in 15 days time, staying at the ERC.

Heres my situation.

The mrs was asked to provide some evidence in a case relating to a former employee by her Security Office. My wife printed the former employees personnel record and handed it to the security office.

A few weeks later the British Transport Police visited my wife at her place of work and asked her to sign a witness statement confirming that the evidence she printed etc was correct and hadnt been altered.

A couple of months pass and my wife is called by the Crown Prosecution Service (CPS) and advised she is required to attend a court hearing as a witness. My wife disputes the need to attend as all the info is in the file, and all she did was print it. Wife also explains that the court date is in fact on the days of her CIPD exams. CPS advise they will re-arrange for later in the year.

A couple more months pass and the wife doesnt hear anything. We book a holiday as most couples do. Wife then gets a call to advise of the new date which is whilst we are away. Wife advises of the situation, adding that her attendance at court wouldnt be beneficial as all the info is in the file. CPS go away......

We take out travel insurance for our holiday which is in 15 days time.

Thursday my wife gets a call advising that the case cant be moved again (judges decision) and she will have to attend. Wife seeks advice from her firms lawyers who advise that she will indeed need to attend or face a hefty fine and/or a jail term.

So I have a holiday in 15 days time that my wife cant attend, as if she does she could face a hefty fine and a short prison term!!

I cant cancel the holiday as Thomson will only give 10% of the holiday cost back.

Travel insurance people will cover it, however im guessing they will try and worm their way out of it by the fact the case was ongoing when we took out the insurance, even though the new date was only provided after we forked out £2500 on our holiday.

As it stands were waiting to see if they will accept the Security Officer attending in my wifes place, after all, she is the one who wanted the info and it relates to an employee who worked for my wifes company prior to my wife starting with them...

So to sum up, my wife, who printed a personnel file of someone who worked for her firm prior to her starting, could miss out on a holiday due to having to give evidence which is already in a printed file, or face a fine and prison.

Im hoping common sense prevails here!!!!!!!

My wife could simply be attending to confirm start and leave dates....if that is the case, she will probably be arreseted due to the fact she is likely to swing for anyone near her in the court room.

Sorry for the long story....I am simply fuming......

Northern US
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for Playa Paraiso
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1. Re: Holiday in 15 days in jeopardy!!! AARRRGGGHHHH

Have her tell them she doesn't remember printing the file and will testify she doesn't remember. They may not want her then.

Good luck, it's a tough decision

Meadow Lands...
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2. Re: Holiday in 15 days in jeopardy!!! AARRRGGGHHHH

My sympathies to you both. Horrible. I think a similar situation here would just require a notarized statement as evidence, but "here" is not there.

On what day of your holiday is her testimony scheduled? If it's right at the start or nearer the end, I suppose I'd go ahead with the holiday and make the adjustment on the airfare only for her so she can either join you late or leave the holiday earlier. Isn't the best solution of course, but probably the easiest fiscally-- especially if you think insurance WON'T go through.

Hope your Security Officer idea works! This is, in seventies vernacular, a "real bummer."

USA
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3. Re: Holiday in 15 days in jeopardy!!! AARRRGGGHHHH

In the USA, from experience, in a case such as yours they would normally allow a deposition.

KC MO
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4. Re: Holiday in 15 days in jeopardy!!! AARRRGGGHHHH

That Stinks!!!!!!!!!!

Last May we were going to take a weeks vacation and book last minute deal. I was called as a juror. So we didn't book anything and the day before they said they had resolved the case out of court and I would not need to attend. We hadn't booked so we were not out any money.

If I was your wife I don't know if I would swing at someone, but I know I would be voicing my opinion, be arrested and wish I had swung at someone.

Definitely check into giving a deposition.

GOOD LUCK

Swindon, United...
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106 posts
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5. Re: Holiday in 15 days in jeopardy!!! AARRRGGGHHHH

Thanks to all for your words of support.

We will find out the outcome Monday - fingers crossed that the person who knows the case inside out and was the main contact for the police in the first instance, is ok to attend in my wifes place. I cant see how the courts wouldnt want the primary contact their, why on earth would you want to cross examine someone who simply printed a personnel file?

If the worst happens I think were tempted to go on holiday anyway, and deal with the consequences on our return.

Fingers crossed!!

Mesa, Arizona
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6. Re: Holiday in 15 days in jeopardy!!! AARRRGGGHHHH

What a dilemma....I hope it works out for you. I dont understand though. As long as they have a sworn statement that she is, in fact, the person that printed the file and distributed as requested (plus the fact that she has no personal knowledge of the person in question)..............

This sounds like a personnel matter. if she is the Head of Personnel...they (court) may have a point), otherwise the head of personnel should attend (and surely that person is aware that your wife printed the file).

Calgary
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for Akumal, Riviera Maya, Cancun
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7. Re: Holiday in 15 days in jeopardy!!! AARRRGGGHHHH

"If the worst happens I think we're tempted to go on holiday anyway, and deal with the consequences on our return."

It's up to you of course but contempt of court charges are pretty serious, so personally, I wouldn't risk it.

If you can PROVE that you didn't receive notification of the new date until AFTER you'd booked your vacation, I don't see how your travel insurance provider can weasel out of compensating you. Have you discussed the matter with them?

I feel your frustration and hope everything works out ok for you.

Swindon, United...
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106 posts
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8. Re: Holiday in 15 days in jeopardy!!! AARRRGGGHHHH

Exactly - my wife is a HR Advisor, and was asked for the file by the head of Security as she was contacted directly by the Transport Police.

We can prove that the date came after we booked our holiday, however, we took insurance out after knowing the date....insurance companies will find anyway to not pay up...

Roll on Monday...i am so stressed right now :-(

Gateshead UK
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9. Re: Holiday in 15 days in jeopardy!!! AARRRGGGHHHH

I'm sorry but i don't think you have much chance of getting your money back from the insurance as you had something going on that is pre existing at the time of taking out your insurance. If you had took the insurance out before booking you would be ok, it the same as any previous illnesses you might know about they won't pay out on that either.

Mesa, Arizona
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10. Re: Holiday in 15 days in jeopardy!!! AARRRGGGHHHH

Is there a possibility of just postponing the trip. You might incur a small penalty but its better than losing your money.

I would not go against the court system, that is, just go and take your chances.........the consequences could be far more severe than losing your holiday money.

I dont know how it works in your country/with your tour operator, but I always get "cancel for any reason" insurance, where I can cancel up to the day before I leave.