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jasperpad

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  1. Without going into too much detail, my partner is having to go to a county court to defend a claim by her ex employer. She was the office manger of a small/medium construction company. They are claiming that she gave herself an increase of salary two years running, the first they say she gave herself an increase of 2% above the agreed rate, the second was the same. They also claim that she also gave herself 10 hours per month overtime which again they say she should not have done. Firstly this has all come about from a tribunal she took them to for unfair dismissal, she won the case but the tribunal preferred the witness statements from the MD and the office administrator. (Background, the admin hated my partner!) There was never any firm evidence produced to back the lies that were "produced" by the company and that is why the tribunal agreed that she did in fact defraud the company of what was about £1250. Now the company is taking her to county court to try and get the money back, money they can’t prove she wasn’t entitled to. We have asked the court to get the company to produce a set of documents that will prove her innocence but they haven’t produced them, and the hearing is to be held on the 1st October. I have read that the county court also does not have to rely on firm evidence and if this is so she is going to lose and have to repay what is now a total of £1450, (an aside is they are claiming £70 for administration costs!). My questions are many, but mainly does the count court have to have the evidence from the company? Can we demand the evidence we need to prove my partner’s innocent of the claims? We need to win this case because she cannot get a job because of this and has been out of work since April this year, and this has put us under enormous pressure financially as you can imagine. If we win we can clear her name which is what we want to do, nothing else matters. Please someone HELP us.
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