Witness in court - holiday or unpaid?

[jacobyte]

A member of staff has been called as a witness and must attend court. He will probably have to take the whole day off work.

Should he ask for holiday, or is it normal take the day unpaid? If the latter, can the court reimburse him for loss of earnings, as they do with jury service?

Cheers

[Davel]

Don't be tight.

Give him the time off with pay, so long as it isn't longer than a day!

[james]

If he is appearing as a witness and not the accused, he can put in for expenses. If he's had to take a day unpaid the court service will reimburse him. Or at least, that's the way it went 20 years ago when I had to appear as a witness. Probably worth getting him to call the court to see how the land lies now.

Then again, you could just be a generous boss. The loss of one day won't kill you (I hope) and he'll think you're a great guy for letting him take a free day. Just think of it as him being off sick

[Antwerpman]

I would just give him the day off, as others have said it wont kill you.

What goes around comes around and if you are ever in the position of wondering why people wont act as witnesses for your benefit (I hope the need never arises) then maybe it could be because they dont want to loose a days pay!

I think it is the right thing to do, after all I am guessing he is not benefiting himself from being a witness and is also just doing the right thing

[jacobyte]

Of course I'm happy to give him the day off, but it's not my call (I am the employee's manager, but not in a position to make that decision). The question was more about what's normally done - so that I can approach the MD with the necessary information and encorage his generosity.

Thanks for the info - I'll ask him to check with the court anyway.

[chrisgr31]

If the court pay expenses (including pay foregone) you might want to top his pay back to its full level if he can't claim it all.

Lets say he had no holiday left in his entitlement would you dock him a days wages? Would cost more in time, aggro and loss of employee goodwill!

[shirepro]

I think that if you dock his pay the court will pay up to about £60 plus megre expenses but you have to decalre that you docked his pay for him to get it repaid.

I would see how it goes: if it al comes a bal of chalk onthe day or they mess him about claim it, otherwise suck it up.

[marcos maniac]

He can claim expenses/loss of earnings from the court – he should
have had a form enclosed with the court warning.

There is a section for the employer to fill out confirming the amount of lost wages
which the employer needs to sign and stamp with company stamp or attach
letterhead/comp slip.

He can also claim expenses for travel to court – bus fare or mileage allowance (if
he claims mileage the best answer he can give for using his own vehicle is ‘most
convenient’

Depending on how long he is required at court he is also entitled to an
allowance for sustenance (lunch, tea/coffee etc)


If he hasn’t been sent an expenses form tell him to ask the usher when he attends

HTH

[Don]

It is usual to operate a scheme wherein the individual does not lose out. You generally make the day "unpaid" and get the employee to claim back the "loss of earnings" from the court. Should this not actually equal the proper day's pay then it is customary for the employer to "top up" the re-claim to make it so.

It is also generally customary to pay the individual as normal and only "dock the pay" the following month once they have had the chance to cash the cheque from the court.

If this is explained to the individual prior to the court appearance they are normally happy - as the intention is to ensure that they do not lose out - but that the court pays for their time as is right and proper.

[jacobyte]

Thanks for the useful information.

As it turns out, the plaintiff didn't show up, so the day off wasn't required.