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?

She is being called in because she works for the place that is being called into court. As a representative of the school. Of her employer.

If she was working full time, she would he off work on her normal working day to attend, and get her days pay. Because she is there in her capacity as an employee of the school.

Sorry, yes, obviously I have misunderstood your point. But to answer your question, yes, if she was being called into work by the Head on a day off then she should be compensated for it, but she isn't being called in to work! She is being called to court. It's not the same thing. The Head has nothing to do with it. OP can't dictate to the Head that she wants an extra day off just because the court summons doesn't suit her. The Head has the school hours covered by other staff. OP's non-working day is nothing to do with the school and as such they are not responsible for rearranging staff to cover it or paying her for a day that she isn't in anyway.

I am not going to get into the argument that is ongoing but i would say as a SW who worked in child protection i was summoned to court many many time and never once had to give evidence. I called the court some days in advance of the date and asked to be put on standby so they could call me if they wanted me (i worked in Scotland so things may be different in England). They always stood me down. They also often cancelled and moved the dates. I would advise waiting and seeing what happens and only fight for the extra day if you are actually needed.

But she is specifically being called into court as an employee of the school.

I'd seek advice from your union OP. This is disadvantaging you as a part time employee. A few pp have mentioned you wanting an 'extra' day off - that isn't the case here you are losing your day off and effectively working to attend court as a representative of the school.

You should be given a day off in lieu or be paid for the day. This is a work related task. Unfortunately, SLT take the piss and always expect everything for free as a sign of your commitment to the school. I'm sure you do enough above and beyond your working hours already. Talk to ACAS and discuss it with your union.

I can't understand why anyone could possibly think that this isn't a part of your job and that you shouldn't get the time back.

Do people think that police officers and social workers who are called to court as a part of their job do not get paid for their time?

Many thanks to all the posters who understood my point! Fortunately this trial has now been postponed however it still looks like from their schedule that whenever the case is rearranged, I'll be expected to attend court on my day off with the way the week falls.

If I was called to give evidence on a day I was meant to be in class, then I'd have a supply put in place. The only reason I have to attend is related to a school matter so surely I should be entitled to swap my day off? It's just typical the ONE day off out of five I have, it's fallen on.

Are you intending not to go if it's on your day off and you haven't been given TOIL, @Mumma02?
Sorry, but I can't countenance that level of disinterest...
You are right that you should be covered for it, but regardless, surely you would go?
I'm speaking from a position of experience here - I was called as a witness in a case of attempted rape. As it turned out, the complainant withdrew the accusation at the last minute (these were the days before the police would pursue the case irrespective of the complainant's wishes - it would have done good if they had - in this case it involved a family member), so the case was withdrawn. The complainant lived a terrible life after this - the abuser had a 'heart attack' and the complainant blamed themself. They then lived a tortured life.
I don't think I'm projecting here - if the case is serious enough to go to court, then you should attend - unless you really believe that a teacher's responsibility starts and ends at the school gates.

@vipersnest1 not at all. Of course I will attend when requested. If I thought my job ended at the school gates, I wouldn't have been recording such events/disclosures which led to this case in the first place. I am merely struggling for childcare as it is not a day that I work and expected to be more supported in the workplace - that's all.

I'm glad to hear it, @Mumma02 - that wasn't clear from your OP. I hope you can get childcare sorted out.

But your childcare difficulties won’t be solved by you having another day off?

But your childcare difficulties won’t be solved by you having another day off?

How do you know?

So what happens when the public get called for jury duty and work in healthcare?
I can assure you we don't get a day back!

Because very few childcare providers are that flexible.

Then she shouldn't be expected to go on her day off. She will essentially be working.

So you work for free?

And if the child care provider is a family member? Or did I miss a bit?

Because very few childcare providers are that flexible.

So why would she start a thread specifically asking a question about this and outlining that working an extra day was going to cause issues with her childcare if she had no flexibility?

It's likely that she knows her own childcare arrangements.

OP, if you can't rearrange to have time off in lieu then speak to your Head about being paid for the day instead. It won't solve your childcare but you shouldn't be expected to work for free. (Fellow part time teacher)

OP, I am a CP social worker. As a previous poster said, these things change. However if you are called to give evidence and they are listing teachers etc outside parents, social workers, this is probably listed over a few days so just call the courts and explain you cannot do that day and they will probably change the order. You have been summoned because you have been named in evidence and very likely submitted a short statement that is relevant.

Whilst I understand your feelings that this work related, because you would not be a witness otherwise, this is not how these things work. Police get called on rest days, part time social workers get called on their days off, doctors, nurses, neighbours and any other witnesses can be called- the family courts work in the same way as criminal courts when they are seeking findings.

I agree that it is unfair that your employer does not support this- but they are right, you are not being asked to work on your day off- you have been summoned as a witness. However, a good employer would be flexible and protect their staff ....

Thankfully, this has been postponed so will be a problem for another time but at least I can now prepare for that eventuality rather then trying to sort childcare at such short notice. Thanks to those who have shown support! I certainly wouldn't expect anyone to have to work for free. It is annoying that if this had fallen on any of the other 4 days of the week then I would have had a supply paid to cover my class AND my day off as usual.

Just to clarify to other posters. The school is not being called. OP is, her name will be on a statement evidence. In the same way, even if I co-work with a less experienced SW, my manager signs things off- my name is on all statements, assessments etc. The courts would need a bloody strong reason if I they gave evidence in my place.

I would 100% expect my work to give me a day off in lieu in that situation.

You are essentially an expert witness.

If you had a job as a scientist, 3 days a week and were called in as an expert witness on your day off I don't think anyone would question that that was part of your job. I don't understand why so many others are being so obtuse about it.

Best of luck arranging childcare OP, and thank you for your dedicated and professional work that has supported this case.

You should just tell the court you have no childcare for that day as its your contracted day off and your employer is unwilling to swap your days there for you'll be claiming a days wages plus travel and your child will have to attend with you. I think you'll find the courts more understanding about this than your employer.

The childcare was a dripfeed