should DH be made to use a rest day to attend court as a witness

no.1swimmum

I'll explain a little further, he was a witness to a serious event between two colleagues at work, during work hours, one colleague was suspended and the other (injured party) continued working.

He was asked to write a statement about the incident and subsequently a formal police statement, and has been called to be a witness at the case, some way from our home, at the end of this week.

He has been told that he must use his one and only rest day this week to attend court, when he queried this as it was an incident at work, he has been told that because the suspended party was given redundancy and is no longer an employee this has nothing to do with work and must use his rest day, despite the other party still being an employee and obviously also attending court.

I am more worried about his health to be quite honest, he had a heart attack 16 months ago and although he has been given the all clear to return to work full time, still finds he gets really tired as he has an ongoing condition, and spends most if not all his rest days basically resting to recover after 5/6 days at work.

Are they allowed to do this or must he just comply to what they are saying, union have been next to useless when he asked for their help.

Thank you

Voyager2002

Does he have to give evidence? Since his work have said that the case is nothing to do with them then presumably they would not care whether or not he attended court. So unless the court has ordered him to attend he could simply not bother with it.

DomRavioli

If a court summons a witness then they must attend unless there are mitigating circumstances, regardless if it is someone's rest day - the court may take into account and move it to a different day, but there's nothing to stop the employer moving the rest day (unless specifically written into a contract which is unlikely).

You seem to be confusing a work situation with a court situation - if your husband feels he needs another day off work due to this, then he needs to discuss this with his employer and if there is occupational health, with them also.

You need to be speaking to someone qualified in law, not an internet forum. Maybe call the CAB for advice, I am not sure if ACAS will have information but they may do.

no.1swimmum

Thank you so much for your replies.

I don't think I explained myself that clearly, DH has asked both management and union for another rest day in lieu of the day he is at court and has been told that they won't do this, they are obviously fully aware of both the incident and his medical history, I have suggested that he talks to the occupational health people as well and
I am going to ring CAB early tomorrow, local office has closed for the afternoon and seek their advice on his behalf (as he is not allowed to take/make calls during his shifts).

Poppie68

The court case will be nothing to do with the employer as I'm assuming it's the injured party that has brought charges against the defendant and not the employer? Can he book a days holiday for the day after the court appearance?

antrobus

no.1swimmum wrote: »

...He was asked to write a statement about the incident and subsequently a formal police statement, and has been called to be a witness at the case, some way from our home, at the end of this week......

He has to comply with the witnes order. Failure to attend would be contempt of court. You get locked up for the sort of thing.

Witnesses get paid expenses and loss of earnings.

Ozzuk

Ask for unpaid leave, then claim loss of earnings.

FBaby

Surely it is not his employer who is asking him to do go, the fact it happened at work is circumstantial, so understand why they wouldn't feel the obligation to give him a day off. As been said, can't he ask for a day off that week for a rest?

theoretica

If he needs a day to recover for medical reasons that could be a sick day - what is his works sick policy like? As the incident happened in work initially he could possibly claim it as work related sickness too.

Poppie68

theoretica wrote: »

If he needs a day to recover for medical reasons that could be a sick day - what is his works sick policy like? As the incident happened in work initially he could possibly claim it as work related sickness too.

He's not sick though, and there's no indication the incident between 2 co-workers has made him ill, the problem is he is using his day off to attend court like many other workers around the country do daily alternatively others like the ops husband could request unpaid leave or book a holiday.

theoretica

Poppie68 wrote: »

He's not sick though, and there's no indication the incident between 2 co-workers has made him ill, the problem is he is using his day off to attend court like many other workers around the country do daily alternatively others like the ops husband could request unpaid leave or book a holiday.

The OP says he needs his rest day to rest for health reasons, so without out it he might indeed be sick.