Court Citation- work related

DandelionPatrol

Takeaway_Addict wrote: »

Its irrelivent whether it benefits the employer or not, there are plenty of occasions where an employee has to go to court on work time that does not benefit an employer.

Too quick to jump on me there. The relEvAnce of whether it benefits the employer is central to whether OP should do this in works time or not.

Takeaway_Addict

DandelionPatrol wrote: »

Too quick to jump on me there. The relEvAnce of whether it benefits the employer is central to whether OP should do this in works time or not.

Not at all, if its for work, whether it benefits the employer or not means it should be paid or TOIL.

DandelionPatrol

Takeaway_Addict wrote: »

Not at all, if its for work, whether it benefits the employer or not means it should be paid or TOIL.

I would sort of agree that the employer should pay regardless.

But when it comes to the question of making them pay, you need to be able to say that if they don't pay and you fluff your lines in court, then they can't complain.

DandelionPatrol

Takeaway_Addict wrote: »

Not at all, if its for work, whether it benefits the employer or not means it should be paid or TOIL.

If it is for work, then it must benefit the employer.

Bus driver witnesses an assault while driving his bus.

On the bus - it is for the employer's benefit. Off the bus, it is just the duty of a citizen.

patman99

I thought the op made it quite clear. They were involved in an incident at work and as such, are now being asked to appear as a witness on behalf of their employer.

The employer is refusing to pay them their expenses due to the Court date being on the day the op is rostered off.

The op can approach the employer and tell them that should they wish him/her to appear on their behalf, they should pay the expenses. If they don't, then the op should inform them that as it is their day off, they will not be attending the Court to represent the employer.

DandelionPatrol

patman99 wrote: »

I thought the op made it quite clear. They were involved in an incident at work and as such, are now being asked to appear as a witness on behalf of their employer.

The employer is refusing to pay them their expenses due to the Court date being on the day the op is rostered off.

The op can approach the employer and tell them that should they wish him/her to appear on their behalf, they should pay the expenses. If they don't, then the op should inform them that as it is their day off, they will not be attending the Court to represent the employer.

I would like to think so

But.

It seems that this is a criminal matter. Unless the employer is prosecuting in their own right [Council? Railway for fare evasion], the employer is not represented and OP will appear for the police/CPS.

As such, OP might invite a world of grief by refusing to appear [there may be better ways such as temporary partial amnesia] to discourage abuse of their day off.

The rough test as I have already suggested, is if OP was a bus driver, if an assault occurred off the bus, it is a civic duty. If it occurred on the bus, it is an employer matter.

Galaxy1987

I work in social services and due to an incident I had to act as a witness to a users statement due to their level of capacity.

Marktheshark

Once saw a witness in a shoplifting case jailed nearly for perjury in crown court.
Both were check out operators and both had been coaxed on their stories and what to say when it was in the mags court.
In went number 1 and reeled off the coaxed idea of what had occurred.
In went the second, started crying and reeled of a totally different account that matched what the accused was saying had occurred word for word.
It was someone accused of eating a product in store that was in reality a sausage roll from the bakers.
The mags called the first witness back and explained what the second had said.
"My boss said we had to say what were were told and I dont want the sack she said"
Off to crown court they went after a night downstairs
Both the first witness and her boss got 140 hours community service at a separate trial.
All over a sausage roll someone had bought elsewhere.

DandelionPatrol

Marktheshark wrote: »

Once saw a witness in a shoplifting case jailed nearly for perjury in crown court.
Both were check out operators and both had been coaxed on their stories and what to say when it was in the mags court.
In went number 1 and reeled off the coaxed idea of what had occurred.
In went the second, started crying and reeled of a totally different account that matched what the accused was saying had occurred word for word.
It was someone accused of eating a product in store that was in reality a sausage roll from the bakers.
The mags called the first witness back and explained what the second had said.
"My boss said we had to say what were were told and I dont want the sack she said"
Off to crown court they went after a night downstairs
Both the first witness and her boss got 140 hours community service at a separate trial.
All over a sausage roll someone had bought elsewhere.

Restores your faith in justice a little bit, although I think they got off lightly.

surreysaver

The other way to deal with your employer refusing to pay for you to work is turn a blind eye when anything happens in the future.