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Original poster

Does anyone know about claiming lost earnings when called as a witness in court?

15 replies

SliverOfSiIver · 30/11/2024 08:27

Had a thread previously but can't find it now. My young adult DD has been called to give evidence against her ex partner this month (she is one of several victims of violent assault). She lives 150 miles from court and has been told she needs to be available for a 3 week period (but will probably only actually appear in court for 1 or 2 of those days). The court is in the town where I live so she is staying with me for the 3 weeks. She's had to take the time off work, who very reluctantly agreed (it's an extremely busy time at her job) - initially work were arsey about it and so the police gave her a letter to give work stating that she had to be away/available for the dates of the trial. But can she claim lost earnings for the whole 3 week period, or only for the days she actually appears in court? It seems a trivial concern, but she lives away from home in an expensive city and will be unable to pay her rent if she can't claim for the whole time she is taking off work. DD is somewhat overwhelmed [understatement] so I'm trying to find out as much as I can for her.

OP posts:
Original poster
SliverOfSiIver · 30/11/2024 08:31

I'm worried because the gov.com website seems to say you can only claim for days you actually appear in court - but she's been told she must be available for a set period even though she won't be called to appear on most of those days?

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Ladyj84 · 30/11/2024 08:52

Good luck with that, my other half got called to it and because he wasn't called into the court room all he got back was the bus fare £7 for an hour 30ride morning and night since we don't live near the city courts and £4 for lunch. Lost wages was annoying because we live wage to wage and that's the first time in my life we had to borrow from my parents for that month

Original poster
SliverOfSiIver · 30/11/2024 09:10

Ladyj84 · 30/11/2024 08:52

Good luck with that, my other half got called to it and because he wasn't called into the court room all he got back was the bus fare £7 for an hour 30ride morning and night since we don't live near the city courts and £4 for lunch. Lost wages was annoying because we live wage to wage and that's the first time in my life we had to borrow from my parents for that month

😱

That's shocking.

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Brainded · 30/11/2024 09:14

Can she not use annual leave for some of it?

Original poster
SliverOfSiIver · 30/11/2024 10:31

Brainded · 30/11/2024 09:14

Can she not use annual leave for some of it?

No, she hasn't been in the job very long and is using the annual leave she does have for the days immediately after the trial ends when she wants to be able to decompress a bit before having to be back into work at the busiest and most horrible time of the year (she is public facing in hospitality so it's long shifts, fast paced, expectation of being smiley and friendly, dealing with drunk difficult people etc). Work are giving her unpaid leave for the dates of the trial, she was given a letter by her specialist liaison officer to give to work about it.

OP posts:
Original poster
SliverOfSiIver · 30/11/2024 11:04

MissMoneyFairy · 30/11/2024 10:44

Yes, I've read this, that was the first thing I did. It's not very clear on what days she can actually claim expenses for - she has been told she must be available for every day in a 3 week period, but is only likely to actually appear as a witness on 1 or 2 of those days. "Being available" requires her to take unpaid leave from work and stay at my house 150 miles from home - but we aren't sure if she can claim all those days worth of lost earnings or literally only the day/s she appears on the witness stand?

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Soontobe60 · 30/11/2024 11:06

Surely the prosecution Barrister will be able to give her a better indication of when she will be needed? If it’s a 3 week trial, there will be a timeline of the case.

lollylawyer · 30/11/2024 11:08

Get victim support to talk to the CPS. Say she is happy to be available but she needs to be told at least the afternoon before so she can travel. She won’t be called “come to court now”, they can give her a day’s notice.

lollylawyer · 30/11/2024 11:09

And get her work on board with a last minute unpaid leave , I’m sure they’d prefer a day of that rather than 3 weeks of not having her

Original poster
SliverOfSiIver · 30/11/2024 11:10

Soontobe60 · 30/11/2024 11:06

Surely the prosecution Barrister will be able to give her a better indication of when she will be needed? If it’s a 3 week trial, there will be a timeline of the case.

I have no idea? So far she's just been told she needs to be available between certain dates?

OP posts:
Fenellapitstop · 30/11/2024 11:24

She should have someone in witness service looking after her. They will have the running order. It would be worth getting in contact with them and they would be able to go through it all with her. They can arrange a walk around the courtroom before giving evidence too and talk through what will happen which should help

VanCleefArpels · 30/11/2024 11:29

She does not need to not work for the whole period, they will warn her again nearer the time with the date(s) she is needed to attend. Will she drive to your place, train? This will only take a few hours at most

MissMoneyFairy · 30/11/2024 11:32

I would ring them and ask

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