To want my day off?

[Mumma02]

I am a teacher, work 4 days and 1 day off. Been called to court as a witness for a child protection case linked to school on my day off next week when I am already struggling with childcare. Headteacher won't give me an alternative day off even though if I had been called on a day which wasn't my day off, there would have been a supply in my class. Where do I stand?

If it’s not part of your role as a teacher (so is a more general civic duty), I’m not sure why the school would have to give you an extra day’s holiday.

But surely it is part of their duty (it's connected to their role) and it's not an extra day's holiday! If they were full time, they would be covered.

If you're a juror and part time at work, but the case is full time hours, you don't get subsidised for the extra time you're in court. It's a civic duty thing. I think you have to suck it up.

Of course it's a part of her job. She wouldn't be going if it wasn't.

"if I had been called on a day which wasn't my day off, there would have been a supply in my class." Yes, if you were out of class on a working day then your Head would have to get cover. That's how that works.

Your Head has put someone in place for the day you aren't there, so why would they give you an extra day off and arrange cover for that day too? What you do on your day off is nothing to do with the school.

I do 4 days too and in this situation I’d expect to have my day off swapped too. Are you part of a union? They should be able to advise you.

Gosh there's a lot of posters who clearly haven't comprehended the OPs point at all.

You absolutely should still get a day off if you're going in on a day you don't work, have you called your union for advice?

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She's being told to work on her day off and her Head isn't giving her a different day off.
The day she's been called to court (as part of her work) is not a day she is contracted to work. She doesn't have childcare on this day.
She has asked for a different day off to try to compensate. Her Head has refused.

OP - YANBU.

Grr to your head - you work 4 days, you get paid 4 days. You either get a days pay or swap your days off.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/going-to-court-as-a-witness1/preparing-to-go-to-court-as-a-witness/preparing-to-go-to-court-as-a-witness/#:~:text=If%20you%20need%20time%20off%20work&text=Your%20employer%20doesn't%20have,the%20day%20of%20the%20trial.

Speak to the union but it looks as though you can get paid for childcare.

She isn't being told to work on her day off, she is being called to court by the court to serve as a witness. The court could call anyone: neighbours, family members, the postman, doctors, social workers, teachers, whoever. It isn't the school telling her to "work", it's a court summons.

Of course it's work because she's being called as a teacher and that's what she works as.

The court could call anyone but they haven't, they've called the OP due to the fact she's a teacher.

OP, I'd start by taking it to the Chair of Govs and copying in your union rep.

You can claim for travel and child care expenses.
The loss of a day off is trickier as you won't be losing earnings. What you want is the day off you usually have and there doesn't seem to be mechanism for dealing with that.

It's crap because you are doing it because of your job but it's technically the court who has summoned you, not the employer.

You are being unfairly disadvantaged as a part timer. Which is not allowed.

If the head or a full time teacher was called in to court on a Saturday, how would they respond? Because that's essentially what is being asked of you.

You should get your day off changed 100 percent. I attend court regularly as part of my job. If a hearing falls on my day off I either get a colleague to cover it or I swap my non working days around. Obviously going to court is part of my job but I wouldn't be there if it wasn't a work related matter. Same for you. You are not being summoned you are going as part of your job role therefore you are working. Depending on the circumstances you could even be asking a colleague to cover as your not supposed to be working.

I'm f you were called because you witnessed a crime in the street that is different but you are being asked to give evidence as part of your job so it's work.

When I worked part-time and was involved in a child care case, I was able to take the days back in lieu. My manager also agreed to pay the additional child care costs incurred as swopping nursery days wasn't an option. I think your HT is being unreasonable in refusing an alternative day off - you are attending court in your professional capacity as a teacher so things clearly a work day.

Erm, it is to do with the school. On her day off, the OP is representing the school in court. She's a witness in a child protection case linked to school. It is official business, and she doesn't exactly have a choice whether to attend or not.

I would either want my day off or an extra dyas pay as over time

She doesn't have a choice to attend or not because it is the court summoning her, not the school telling her to go. It's not a great situation for her, but it is not the school sending her, it is the court requesting her to attend. The Head has nothing to do with it. The Head Teacher has cover in place for whatever day she usually has off, so as far as the Head is concerned there is nothing s/he needs to do. As @SecondUsername4me said above, if the OP was called to court on a Saturday, she wouldn't expect the Head to give her a day off in the week then, would she. Yes, it is unfortunately a problem for OP, but it is a non-working day, so it is not her employer's responsibility to solve it for her.

Yes, but if it were on another day and not her usual day off, then the school would have to find a replacement anyway. Since the one and only reason she's having to go to court is because of her job, then it would be quite reasonable to expect an employer to pay overtime for that, or to give time off in lieu. I bet the police get paid overtime if they are called to give evidence in court when it's their day off.

I'm so glad I never worked in education if this is how they do things.

If ifs and buts were candy and nuts we'd all have a merry Christmas. It isn't on her usual working day. It is on a non working day, so as annoying as it is, it's tough luck.

No, she isn't. The school aren't treating her any differently for being part time or full time because they're not the ones calling her as a witness. She's being called by the court, who would be asking her to go on that day whether it's a working day for her or not. If it was a working day, school would have to step in and provide cover. But it isn't, so they don't. It might feel unfair, but the school aren't responsible for it.

I understand this is missing the point but is it criminal or care proceedings? If it’s care proceedings you’re unlikely to be there all day and you could say to the solicitors involved that you’re struggling to be there on that day and if it’s a hearing lasting a few days say you can do any of the other 4 days. You could also ask to attend virtually.

I think you've misunderstood my point here.

If someone full time was forced to come in to work on a weekend day, they would expect a day off in leui or to be paid extra for it. So why shouldn't the PTer?