Long story short. I left a part time job a year ago. The employer basically tried to sack me with no grounds, I went to the union and they backtracked and re-employed me. I never went back and have been happily self-employed ever since (hooray!). It was definitely a constructive dismissal, cost-cutting exercise.

So I got a call a few weeks ago from the legal department of my ex-employers. A first aid case I dealt with is going to court (lady broke her back and I administered first aid until the paramedics arrived). They asked if I would be willing to testify – I asked for some time to think about it.

Wouldn’t I have to turn up in court if summonsed? If so, why are they asking me? I don’t feel like I owe the employer anything – the opposite is true really…

you don’t have to go unless Subpoena’d. Explain if you are wanted you would want recompense for your loss of earnings (you can basically pick your figure for this and they can either say yes or no).

From then its basically do you want retribution with your evidence or keep them happy ( you never know if you may need them in the future)

Interesting, thanks. I have no intention of returning to the employ of this outfit, so will request £10 an hour for meetings and court appearances and see what happens.

If your putting in for time etc. do it by the 1/2 day at least. If you have to go somewhere for a meeting that will take up 1/2 a day even if it’s just an hour. Makes sure the figure covers what you could charge out for that day and probably add in some expenses for travel too.

Well, I charge £400 per half day in my new role (at least) so I guess I won’t be going to court.

As an interesting aside, I’m a photographer – I mostly shoot weddings. I have insurance but if the court hearing was set for a day on which I have a stone-cold contract to turn up at someone’s wedding, which would take precedence? My contract binds me to turn up and work… I’m guessing the court (if I’d been Subpoena’d)?

Double post

Only fair to charge your current rates 🙂 I’m guessing you do most of your work on weekends though??

The where you should go thing is one for the legals but I would suggest it’s something that should be in your contract – what if you break an arm etc. have a clause that allows for exceptional circumstances and allows you to nominate a sub in these cases.

That rate is for commercial clients – photoshoots are generally on weekdays. Weekend wedding clients pay substantially more.

I’ll call the family lawyer in the morning (brother in America).

My understanding, in Scotland, was that if you don’t turn up then you can be arrested.

I have also been told (by lawyers) that you will usually only get court-level expenses (unless you are an expert) as it would otherwise look like your evidence has been bought.

Where’s crank-boy?

They’re asking because it’s less hassle for everyone if you turn up voluntarily. If you don’t show up, you’re possibly inconveniencing the person who’s suing the company as well as your ex-employer (as well as yourself obviously).

The court can compel you to attend.

I reckon that if nothing else, you need to think about the person who is suing them.

it may be that your evidence makes a real difference to their outcome, it may also be the case that your evidence could be quite damning for the company, in which case ‘best served cold’ applies!

Interesting stuff thanks. The woman’s claim is nonsensical at best – she is definitely trying it on… Brother is skyping me tonight but practices American law so might not be completely relevant…

“Where’s crank-boy? ” hiding it’s civil law i don’t know enough to answer in detail.

If you get a witness summons you have to attend or you could be arrested/done for contempt.

“Right of witness to travelling expenses and compensation for loss of time

34.7

At the time of service of a witness summons the witness must be offered or paid –

(a) a sum reasonably sufficient to cover his expenses in travelling to and from the court; and

(b) such sum by way of compensation for loss of time as may be specified in Practice Direction 34A.
34(a)

If the witness summons is to be served by the court, the party issuing the summons must deposit with the court:

(1) a sum sufficient to pay for the witness’s expenses in travelling to the court and in returning to his home or place of work, and

(2) a sum in respect of the period during which earnings or benefit are lost, or such lesser sum as it may be proved that the witness will lose as a result of his attendance at court in answer to the witness summons.

3.3

The sum referred to in 3.2(2) is to be based on the sums payable to witnesses attending the Crown Court.

Cheers for that crankboy.

Just skyped with my lawyer brother and he’s advised me not to meet with the employer’s lawyers and if I do, to get proper legal advice first. He made the obvious point that the council might try to make a scapegoat out of me and the other first aider (they had requested a meeting to go over the details of the case).

So if it doesn’t all just blow over, I’ll just tell her to read the incident report form which will be far more accurate than my memory, a year and a half down the line…

Have a meeting take your brother with you. You need to find out what this case is about as if the person is claiming for injuries then her lawyer is going to find anything to make money from, just ask your brother.

Dont go unless you legally have to. I assume you must have documented the incident, as someone previously stated refer them to that.

Unfortunately, bro lives and works in the US, thus the Skype call but he has UK colleagues who he is emailing to check the validity of his advice.

From then its basically do you want retribution with your evidence or keep them happy ( you never know if you may need them in the future)

No it is go to the court and tell the truth whatever you think of the employer or employee

As mentioned of course you have to go if a court asks you